Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1907-01-12
DECISION IN
GRUBSTAKE CASE
ONE OF FAR-REACHING IMPOR-
TANCE HAS BEEN REM
DERED.

A decision of ~far-reaching impor-
lance has been rendered by Judge
Curler in the district court case of
Thomas j. Costello and Leona X.
Newhall VS.. Murray Scott, l.. A. Saw
age, William Mays, N. r. Fitz-
patrick ct al, The action was one
wherein the plaintiffs sue defendant
Scott on a partnership contract en-
tered into in December, 1905. Many
Reno and Tonopah people are prac-
tically all OF the original discoveries
of the bonanza mining camp of Won
der, in Churchill County.
The court sustained the conten-
tions of the attorneys for the plain
tiffs, holding the findings of the jury
to be wholly unsupported by the evil
dence, and refused to approve the
same. 1t vas a sweeping victory
for the plaintiffs.
The plaintiffs alleged in their COM
plant that a partnership contract
was entered into by them and Scott
for the purpose of acquiring mining
properties in the Goldyke mining dis
trict, Nye County, and in such other
places as the parties might subse-
quently agree upon; that, in pur-
suance of the contract the plaintiffs
sent to the defendant, Scott, be-
tween December. 1905, and June,
1906, $240 in cash, besides other
considerations; that in April, 1906,
the defendant associated himself with
Mays, Savage and Fitzpatrick, and
that together they located the origi-
nal Wonder mines, as well as the
claims embraced in the Wonder
Townsite, while Scott was subsisting
on moneys and provisions furnished
by plaintiffs; that the defendant,
Scott, released unto the defendant
Fitzpatrick, one-third interest in the
townsite claims with the purpose and
intention of cheating the plaintiffs
of their interest therein.
The plaintiffs prayed that they be
decreed the owners of one-half of all
the interest of defendants Scott and
Fitzpatrick in the Ruby, Ruby No.
l, Ruby No. 2, Nevada Wonder, Ne
vada Wonder No. 1, Nevada Wonder
No. 2, Quartzite, Quartzite No. J.,
Last Chance, Last Chance No. /,
Last Chance No. 2, Last Chance
Fraction, Hidden Treasure, Hidden
Treasure No. /, Hidden Treasure No.
2, Skidoo Fraction, Lucky Strike,
Lucky Strike No. 1, Lucky Strike No.
2, Lucky Strike No. 8, R. A. NJ,
r. A. M. No. 1, Jumbo and Jumbo
Extension mining claims, Churchill
County, and also one-half of the in
terest of defendants Scott and Fitz-
Patrick in the claims composing the
Wonder Townsite. from which town
site lots to the value of about S3O,-
900 have been sold.
On the trial of the cause, the de-
PENDANT, Scott, as well as Fitzpatrick
and some of the others interested,
changed the line of defense and testi-
fed to a different state of facts than
those advanced by them on the hear
ing of the motion to discharge the
receiver.
The plaintiffs attacked the findings
of the jury as being wholly unsup-
ported by the testimony, and further
more assailed the findings on the
ground that, as shown by afidavits
in evidence, one of the jurors had
received a lot in Wonder from the
defendants and that another juror
had received from the defendants the
sum of 5000 for an old wagon and
a couple of horses.
The court found that the agree
ment between the plaintiffs and the
defendant, Scott, covered more than
the mere prospecting for and locat-
ing of mining claims, and that, there
fore, the defendants contention that
1t was a mere grubstake contract
could not be upheld.
II the case is carried to the Su-
preme Court, and there is no doubt
of it, it will be n of the most
celebrated grubstake cases on record.
Mcintosh & Cooke, of Tonopah, and
VIM. 5. Wall, of Fallon, were attor-
neys for the plaintiffs; and Thomas
5. Ford, of Nevada City; w. c.
Grimes, of Fallon; French of Fair
view, and T. w. Wampler, of Won
der, for the defendants.