Bisbee daily review., 1907-01-11

The case involves the question or title to some 5000 shares of the Ca nanea Central stock that had been sub scribed for by the plaintiff Randolph from Greene, who had the stock al- lotted to him by the Cananea Central Copper company.
 The complaint alleges that the con- pany 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 pay ment of the first assessment of s5 each, the balance to be paid when called for by the company. That on the same day the defendant 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 deuounce for the benefit of himself and plain tiff certain mining property in the state of Sonora, and would also turn over to this plaintiff certain interests in other mining properties he had in Sonora in consideration that this plain tiff turn over to said Lindsay the right to subscribe to 5000 shares of this stock that Randolph had secured the option on from Greene. and without further consideration 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 s50000, being the first payment of s5 per share on the stock. That about the 18th of August the plaintiff did sign and de- liver to defendant Lindsay an instru- ment 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 s10,000, that being s5 per share for the remaining 2,00O shares that the plaintiff was en- titled to upon the face of this trans action. and to which the plaintiff was entitled. Prior to the execution of this instrument the defendant Lind say and plaintiff had been joint own CTS and promoters of the 'Ilano de Cld anu
 That plaintiff became interested in the property at the solicitation of the de- fendant Lindsay, and by false repre- sentations to him in regard to the property, and that he and his friends put money into the enterprise to the extent of s500000, and that even that amount was not sufficient to put the property on paying basis, and that thereafter plaintiff advanced money to pay off the indebtedness of the company for labor. etc, and that Lind say agreed to pay plaintiff half of the money he had advanced in the propc sition of the Llanos property, and that when the plant was shut down in tlnt month of November plaintiff advanced the sum of $50 900 to pay off the in debtedness of the company. That Lindsay now repudiates and disavow; any obligation or intent on his pari to pay back to plaintiff any of tho money SC advanced. and denies that plaintiff has any right or title to any mining property that he Gindsay) hat denounced ih Mexico, and by reason of the said conduct On the part of tht defendant Lindsay he has forfeited an! right in the 5000 shares, or to ever the S,0o0 shares that he had the ordel for That on the 18th day of Decem