The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-08-23

case, are mental incompetency Of the
plaintiff to make the transfer; fraudu-
lent representations inducing the /
transfer, made by defendant to plaint- T
if; undue influence and threats, thru
which the defendant procured the |
making of the transfer; and relation
ship of the parties at the time of the |
transfer such that equity will not per-
nit the defendant to hold the benefits
of an ownership acquired thru such
transfer.
AS to the first three of these
grounds, the findings filed herewith
in terms negative the existence Of the ,
facts involved in the claims of the
plaintiff. and any discussion of them
must relate simply to the evidence
submitted sustaining such findings. A
comprehensive statement or review of
the voluminous testimony at this time
would not serve any useful purpose.
First-Outside of the testimony Of
three medical experts, the evidence
submitted is entirely consistent with,
and considered as a whole, clearly
establishes that the mind Of the plain
tiff was normal, and that no trace of
mental unsoundness or incompetency
existed at the times Of the negotiation
for and transfer Of this stock.
Second-With reference to the con-
tentior of the plaintiff that the de-
PENDANT induced the plaintiff to dis
pose of the stock to him by fraudu-
lent and untruthful representations
concerning it's value, in respect to
which the defendant was advised, and
as to which the plaintiff was without
| knowledge, there is little conflict in
| the evidence, except upon the one
point of whether the plaintiff knew
Of the amount in feet of pine stump
age owned by these companies at the
time of the transfer. Plaintiff was
admittedly familiar with the other
assets of said companies.
The aggregate amount in dollars at
which the stumpage was carried on
/ the companies books was contained
in the books kept in plaintiffs office,
and it is not contended that this item
was not known to plaintiff, but it is
contended that neither the amount
per thousand at which the stumpage
was valued to make UP the item, nor
the total amount of feet Of the stump
age, had ever been known by plaintiff
prior to the transfer Of stock, or until
a short time prior to bringing this
suit.
Plaintiff, a man of mature years,
with business capacity and expert
ence, bought 10 per cent of the capital
stock Of two lumber companies, and
later sold this stock, and during the
interim acted as local manager Of
the largest asset of these companies
Each Of the three stockholders and
} officers associated with plaintiff in
| these companies knew during this en-
tire period the amount of this stump
age. These men were all in harmo-
NOUS and friendly relations with the
: plaintiff and UP to the time Of the
transfer met him frequently at Crook
ston and at Minneapolis in connection
with their common enterprise. The
stumpage was the principal asset OF
the st. Hilaire Lumber company when
/ plaintiff acquired his stock in this
company. At about the time
the plaintiff acquired his interest ir
this company, its annual statement
stumpage then held and the rate al
which it was valued. Plaintiff details
conversation with the defendant as tc
the probable time it would take tc
clean up the supply of logs; knew
: that stumpage was being continually
bought, and himself frequently made
,, filings on pine lands for the compa.
MES. A plat book in plaintiffs office
made to show the companies pine
lands, was by plaintiff sent to the
: Minneapoli office to be brought doWr
l to date. These conditions, among
others, admittedly existing, made i
highly improbable that plaintiff dit
NOT KNOW pTlOI W dlludIy, wv, SuU
stantially the amount Of Stumpag'
q owned by these companies, and tn
value per thousand feet at which i
was carried as an asset And the di
. rect testimony, that statements show
: ing the assets Of the company, includ
= ing the amount of stumpage, wer
- - submitted to the plaintiff prior to an
: of amply sufficient weight to remov
: | all doubt uDon the question.
4 The evidence in this case not onl
= wholly fails to establish that the de
, PENDANT made any fraudulent repre-
. sensations affecting the value of th1
= stock, or that he concealed from tn
, plaintiff any fact known to him affect
!, ing the value of the stock, but
;, affirmatively establishes that tn
e plaintiff knew and was familiar wit
! and had brought to his attention 9
the time of the negotiations for tn
: transfer Of the stock, all the facts al
', fecting its value.
= 8. The consideration of the az
transfer Of the stock was secured b
undue influence and thru threats, If
volve a determination of the tim
!. when the negotiations for. the transfe
u were had, as we'll as the facts SUI
n rounding the actual transfer on tn
II 18th of January.
bearing upon lHeSe QueSIlOllS ~ u
0, sharply conflicting testimony of tn
d parties. The defendant testified thu
= on the 5th or 9Th Of January he PR
d posed to the plaintiff that the plainti
., sell him plaintiffs stock, and tn;
l. thereupon such proposed sale, II
assets Of the companies and the vail
of the stock, were discussed by the
at two different times and places du
e. ing those days, and that during sue
le discussions statement of the cond
OF ton Of the companies, showing the
re assets, was before them. That as
result the transfer Of the stock WI
ct agreed upon, and that on the 18th
January it was consummated at II
offices Of the Shevlin-C Carpenter Lun
Der company.
1t is conceded that plaintiff was
70 Minneapolis on the 9Th, and that
- was not drinking, and in his thu
-. usual health. But the plaintiff test
~ fies that on said day, or during tn
trip to Minneapolis, he had no conve
sation with defendant about selli1
g defendant his stock; that the fir
us conversation upon that subject
tween plaintiff and defendant was
o. the morning Of Jan. 15; that plant
was then i'll, and that defendant
duced him to make the transfer
threats and by working upon his fea
and his confidence in defendant. Th
oy plaintiff protested against making t
transfer, and did not wish to make
and only made it because of his G
feebIed condition and the persiste
threats and persuasion Of the 9