The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-12-25
IS HIGH FINANCE IN EAST
BUT ROBBERY IN THE WEST

you, and / will convey to you this other
claim" Acreage often cuts a figure
in the east as to the value of mining
properties in this section Of the our
try. In fact, a great many mining com
panies have advertised a vast acreage,
in order to impress prospective pur-
chasers of the stock Of the magnitude
Of the enterprise.
So far as the proposition in this case
is concerned, the defendant simply says,
give me $4,000 shares Of your SOC, 900
shares Of stocn, and / will add another
claim to the acreage that I have already
conveyed to you.
So much for the legal propositions
involved. We might possibly spend a
minute or two proftably in referring to
the moral aspect Of the case. If, as a
matter of fact, the representations OF
the defendant were untrue, and were
based upon an intention on his part to
deceive this company, although not
made to the company but to his partner,
the evidence in some of the dispositions
show that the promoter of the CON-
pany made these statements, and as
sured his associates that they could re-
ply upon the statements made by the
defendant to him, that he knew him
we'll; that he had been out in this coun-
try and he knew that all the statements
made by the defendant were true.
Is it reasonable to assume that the
plaintiff company, or those who organ
lied the plaintiff company, would place
more reliance upon the statements of
a mining TAI or prospector out west,
whom they had never seen and who is
generally an object Of distrust in the
east, than they would upon the state
ments of the man who was amongst
them; a man who they were acquainted
with; who vouched for this man-not
only vouched for him, but vouched for
his statements from personal observa-
toni
Nevertheless, if the statements made
by the defendant were untrue-madc
for the purpose Of dciving anyone-un-
q~uestionably such conduct was repre-
hensible. There is no question about
that from a moral point of view. But
none Of these alleged false statements
were made to the plaintiff company, for
the company was not yet organized
when the statements were made.
Now, on the other hand, how much
better are the persons who organized
this company, who sent out it's 2,000,-
600 shares Of stock to be sold for Is
cents a share, a company based on a
property valued by it at $12,000f
They offered that stock for sale to
people at Is cents per share, making
100000 in value for a property of the
prospective value of $4,000. Now, the
plaintiff claims that the defendant by
deceit and false statements, made his
property to appear to be worth double
it's real value. This is called deceit and
fraud, and a suit for damage is brought,
in which the plaintiff seeks to recover
a judgment against him for that de-
ceit. I presume the transactions of the
plaintiff company back east is consid-
cred high finance. Considered from a
moral standpoint in this case, / think
that the defendant stand before this
court in a much better position than
the plaintiff, because according to the
pleadings, he only misrepresented one
halt, while the plaintiff in ocering its
stock to the public at Is cents per share,
IN effect, represented that it was offer
ing a property of the prospective value
of 100000.
From the above facts, the court finds
for the defendant that he is entitled 10
Judgment for his costs and for non-suit.
1t is ordered, that the motion for
non-suit be sustained, and that iudg-
ment be entered accordingly.
Dated, December Is, 1893.
THERON STEVENS, Ldge.