Daily Arizona silver belt., 1907-01-15
RANDOLPH'S SUIT
 AGAINST GREENE
I etails of Big Suit Filed at Tombstone Recently-sideligh on the Llano de Orc Fizzle, in Which Randolph Drop ped a Half Million Dollars.

The following Tombstone dispatch gives details of the suit which Epes Randolph has recently brought against Colonel w. c. Greene and l.. Lindsay, and incidentally throws few sidelights on the Llano de Orc mine promotion, which proved a failure;
 One of the largest suits that has been filed in Cochise county for some time, and involving in the neighborhood of some $300,000, was filed in the clerk s office on Monday by Eugene S. Ives, the Tucson attorney for the plaintiff, Epes Randolph, of Southern Pacific fame. The defendants in the case are I.yeurgus Lindsay, w. c. Greene and the Csnanea Central Copper company. The action is brought against Lindsay in particular, the others being made par ties to the suit so as to perfect the case against the defendant Lindsay in order that the injunction could be served against them, there being nothing at issue between the defendant Greene and the Cananea Central company, only the service of the injunction papers, so that Lindsay could not get the stock involved from them.
 The case involves the question of title to some 5000 shares of the Can anea Central stock that had been sub scribed for by the plaintiff Randolph from Greene, who had the stock allot- ted to him by the Cananea Central Cop per company.
 The complaint alleges that the com psny has an authorized capital stock of ten million dollars, divided into one million shares at the par value of ten dollars each. That prior to the 10th day of August, 1906, the company al, lotted to the defendant Greene some 3s,000 shares in such amounts as Greene might designate. upon the payment of the first assessment of s each, the bal anee to be paid when called for by the company. That on the same day the de- fendant Greene sold to the plaintiff Randolph the right to purchase 10000 of this stock.
 That on or about the same day the defendant Lindsay agreed to denounce for the benefit of himself and plaintiff certain mining property in the state of Sonora, and would also turn over to this plaintiff certain interests in other min ing properties he had in Sonora in con sideration that this plaintiff turn over to said Lindsay the right to subscribe to 5000 shares of this stock that Ran dolph had secured the option on from Greene, and without further consider ation than the promise of Lindsay, the plaintiff did turn over to him an order on Greene to deliver to said Lindsay 5000 of the shares.
 That Lindsay, acting as agent for the plaintiff, and for himself, paid to the defendant Greene, for the benefit of the company, the sum of $50,000, being the first payment of s5 per share on the stock. That about the 18th of August the plaintiff did sign and deliver to the defendant Lindsay an instrument which purported to assign to Lindsay the right of this plaintiff to 5000 shares and at the same time paid to him the sum of sl0,0O0, that being $5 per share for the remaining 2,000 shares that the plaintiff was entitled to upon the face of this transaction, and to which the plaintiff was entitled. Prior to the execution Of this instrument the defendant, Lindsay and plaintiff had been joint owners and promoters of the LlanO de Gro Mining q Milling company. That plaintiff be came interested in the property at tho solicitation of the defendant Lindsay and by false representations to him il regard to the property, and that he anC his friends put money in the enterprise to the extent of $500,000, and that ever the property on a paying basis, anC that thereafter plaintiff advanced mon ey to pay off the indebtedness of the company for labor, etc, and that Lindsay agreed to pay plaintiff half of the mon ey he had advanced in the proposition of the Llano property. and that wher the plant was shut down in the montl of November plaintiff advanced the sun of sS0,000 to pay off the indebtedness of the company. That Lindsay nov repudiates and disavows any obligation or intent on his part to pay back [, plaintiff and of the money so advanced and denies that plaintiff has any righ or title to any mining property that h' (Lindsay) had denounced in Mexico and by reason of the said conduct or the part of the defendant Lindsay h, has forfeited any right to the 5,00( !. shares. or to even the 5000 shares tha he had the order for. That on the 1Stl day of December the plaintiff tendereC to defendant Lindsay the sum of $4l, 200, being the total amount paid by Lindsay to Greene, and interest thereon less the $10,O00 paid to Lindsay, by thu plaintiff, and at the same time notified him that all agreements, etc., between them were at an end, and that he, th' plaintiff, had the sole right to secure or subscribe for the remaining S,00( shares of the stock from Greene. Tha thereafter Lindsay tried to secure thu 5000 shares from the company by of fering the sum of $s0,000, being thu total subscription price, and that plain tiff has also made the same offer, bu that the company refuses to issue tn, stock on account of both parties claim ing it. That a reasonable value of tn stock is $275,000, on account of the de yelopment since the consolidation.
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