The San Francisco call., 1898-12-01
,ove named defendant this plaintiff

above named defendant this plaintiff ayers:
 That this plaintiff is and at all the times hereafter mentioned or referred to, was corporation duly organized and existing under the laws of the State of California, and as such had the legal right to transact business in said State.
 That on or about the first day of % tober A. D. 1SS9 this plaintiff and the said defendant were together the equal owners of 25,500 shares of the capital stock of the Los Angeles Consolidated Electric Railway Company, corpora tion duly organized and existing under the laws of the Territory of Arizona, which said 25.500 shares of capital and constituted fifty-one per cent of the whole of the capital stock or said last named corporation. That for the purpose of securing and maintaining control and management of the affairs of the said Los Angeles Consolidated Electric Railway Com pany, this plaintiff and said defend ant made an agreement whereby the said 25,5O0 shares ot sald capital Stock were placed in the hands of one B. Q. Carr, brother-in-law of said defend- ant, to be by him, the said Carr, held and voted in and for the interests of this plaintiff and said defendant, for a term of ten years.
 That on or about the 1st day of No vember, 1892, and while the said shares of stock were so held, the said defend- ant represented to the officers and agents of this plaintiff that the said Los Angeles Consolidated Railway Company was in financial distress and required money, although large in- debtedness of said company had al ready been created, and bonds there for had been issued, and although this plaintiff had, prior to that time, ad- vanced to the said Railway Company more than S30O,0 900 for the purpose of constructing and carrying on It's works and operations; and further represented that it would be necessary to levy an assessment on the stock of said Railway Company in order to meet its liabilities and expenses unless some other arrangement could be made, and in order to avoid the neces- sity of so levying and collecting an as- sessment said defendant represented and stated to this plaintiff that he. the said defendant had friend, whose name was not given, who would advance and loan the necessary mon- eys, to wit: the sum of one hundred and fifty thousand dollars, to relieve the. necessities of said Railway Com pany and would hold the said 25, 800 shares of stock so belonging to plain- tiff and defendant as collateral secur- ity for the advances so to be made and that when such advances should be re-
 
 Railway Company or otherwise, that said shares of stock should and would be returned to this plaintiff or its trus- tee as aforesaid. and upon such repre- sentations the defendant procured and induced the agent of this plaintiff to surrender and deliver to him, said de- fendant, the whole of the said 25, 800 shares of said capital stock.
 Said defendant did not hypothecate the said shares as he has pro-, posed as aforesaid, and did not borrow any money thereon or otherwise to re- lieve the necessities of said railway corporation, but simply by the means aforesaid obtained thepossession of the said % 800 shares of stock for his own uses. and purposes and with intent to defraud and cheat this plaintiff out of it's interest therein and share thereof.
 And this plaintiff ayers that the said trustee of this plaintiff. of and for it's said one-half interest of. in and to the said 25 500 shares of stock and he has ever since held, managed and con. trolled the same until on or about the 1st day of August. A. D. 1894 when said defendant exchanged the said 25,- 300 shares of stock for other stocks and obligations which he. the said de- fendant, has, as this plaintiff is t1s