Bisbee daily review., 1908-06-02

Much has been said and printed rel
alive to the Arizona Mining and Trad
ing company and its troubles, and
statements have been freely made by
all parties some of which tended TO
reflect discrediI on the management
of the company and various indiyid-
uals connected with it. Affairs of the
company reached climax recently
when President Overlook confessed
judgment against the company in faT-
or OF j. J. Benton on notes for money
advanced the company. The stock
holders attacked this Judgment and
retained counsel TO open the default
and fight the case, alleging COLLISION
This motion was denied by Judge
Doan last week in decision which
completely yindicates Mr.. Overlook.
It is said that a motion viii be
made for a new trial and if that is
refused an appeal will be taken. In
the event of an uEIayorable decision
on appeal it will be the end Of the
A. VI. and T. company, for the proper
~ attached by the sheriff is its sole
asset. In this decision the court
said:
The motion to set aside this judg-
ment was made upon the affidavit OF
Messrs. Rudolph and Lewis, and on
the verified answer of Rudolph on be-
half of the corporation, and it was al
legged in the affidavit that the judg-
menf in this case had been had with
out the knowledge OF the atlantis,
which do not consider material; but
the other allegation was that the an
swer had been filed at the request of
the plaintiff or his counsel, and that
ha md nh
tanned by collision between the plain
tif and c. A. Overlook, president OF
the company. That was the reason
for giving as much time to this case
as has been given, and the further
reason that a verified answer on
which the motion was made denied
that the note sued on had been made
for a good and valuable consideration,
or for any consideration at all. and
denied that the defendant company
was owing the plaintiff in the case
the face of the note or any other
sum. II there had been any evidence
showing a want of consideration Tor
the. note, or any evidence shaving
fraud OF collision between the PLAIN
tifs a. his counsel and the president
of the defendant corporation l should
have granted the motion and set asine
The Judgment, whether there was any
neriforious defense TO the action on
not. and If / was satisfied from tne
showing made that the note was Win
ouf consideration, and that the de
PENDANT company did not owe the
amount of money, I would grant the
n1ofiou and set aside the Judgment,
whether there was any fraud or COT
1usfou between the plaintiff ana presl'
dent of the company or not.
= find by an examination of the
ninures that at the meeting OF the
8irecfors they authorized by resolu.
ton the execution OF this note.
end Nv the record introduced by the
counsel for the defendant and MIN,
mes Of fhe directors meetings thAt
ne defendant company accepted
,-.,,.oejtion from one of the promot-
~ whereby they purchased an OPP,
ton on this Los Angeles mine IN oiu
A,exico. and agreed TO pay therefor
-, many shares of the stock OF their
,.oronany to the holder of that option,
- ais A. NJ. and t. company
ag~aed 10 nay $4,000 TO Watts, me
e'ssl,e,,- ~ thar mine. IN consideration
- S..,,i,b ne agreed to cause 1t to be
t-ansferred TO a Mexican corporation
~ - formed BY them for The purpose
If receiving II. so that the debt ior
NAT Ios Angeles mine became tne
-, -, ~ the Arizona Mining and Trad
~ c - They purchased the