Arizona republican., 1901-02-17
COBRE GRANDE LITIGATION.
Injunction Suit Filed Against Yal
 lenborg Interests.

In the Cobre Grande litigation two here yesterday. some time ago A. w. Hallenb, rg of New York, filed a peti- ton for intervention in the case of the Cobre Grande Copper company versus w. C. Greene, George Mitchell and the Phoenix National bank. The ease was argued and y sterday it was or dered that the petition be denied. Ex- captions were taken and notice of ap- peal to the supreme court was given.
 The other step was thg filing of an injunction suit by w. C. Greene against j, II. Costello of Buffalo. Axel w. Hal lcnberg of New York city and the Phoenix National hank.
 The complaint reCites that on De- ccmber 12th, 1900, the plaintiff agre, | to buy of F.. E. Gage. who agreed to sell to him, ll5.0i9 shares of stock Of the Cobre Grande Company at s2.5O | share; that Mir. Gage held the stock in trust for various owners: that he paiu to Mr, Gage fifty cents per shar. on the stock as first payment. in ac- cordance with the contract: that 5000 shares of this stock belonged to Mr. hallenborG and WAS held in escrow - the Phoenix National bank Also that Mr. Costello at the time claimed to own iO,'l' 9-l0 of stock, then in Mir Cages trust and that Mir. Costello par tcipated in the negotiations so far as they applied to him, and that he re- c'iv"d fifty cents per share for his stock
 The plaintff says he Is now ready to make the second payment of Sl Der Shdr on the stock in accordance with the contract and has deposited with the bank $l per share for all stock eX- cept that owned by MeSsrs. Costello and Hallenborg. He also alleges that the contract was entered into for the purpose of stopping litigation and tn. merging of all suits and interests in this contract. and that per agreement all suits between Costello and the Gre ne Consolidated Copper cOm- pany in New York were to be dis missed; that in violation of this con- tract a suit is still pending in Buffalo, x. Y, and another in New York city, and plaintiff believes he should not be required to make the second payment till proof Is given of the dismissal of these suits at which time he is ady to carry out his part of the contract.
 The complaint says further that after plaintiff made the first payment on the Hallenborg stock the defendant Hallenborg filed d suit in Havapai county to set asid the contract, claim ing fraud and asking leaV, to inter vene in suit in this county wherein the Cobre Grande Company is plain tiff. and w. C. Greene and others d"- fendants. and which Is the suit re- ferred to in the beginning of this ar ticle
 Tn plaintiff Greene. in this ease al- leges that Hallenborg has repudiated the contract and believes that he. Greene. should not be called upon 10 make the second payment on the Hal lenborg stock Till thu suit in Yavapdi county is dismissed. He further says that should the stock in escrow he re- turned it will work irreparable injury to him for which he would have no re- course in law, wherefore he asks that the bank be onjoined from declaring a forfeiture and that Messrs. Costello and Hallcnborg be restrained from asking for the second payment upon the stock. The injunction was issued.