Page:Federal Reporter, 1st Series, Volume 7.djvu/416

404 FEDERAL REPORTBB. �to the same body of ore. A settlement was effected by wbich complainant gave the tunnel company notes for $100,000. The mine proved unremunerative, and in September, October, and November, 1872, Park advanced to complainant, to ena- ble it to continue payment of dividends, sums amounting in all to $120,000, �Upon December 10, 1874, the complainant began an action, in the United States circuit court for the southern district of New York, against Park and Baxter, to recover from them damages for deceit, alleged to have been practiced by them in fche sale of the mine. The complaint set forth in detail numerous fraudulent representations and ooncealments, and alleged that plaintiff had been damaged to the estent of $5,000,000. The answer traversed the allegations of the^ complaint. This action was tried before a jury, and, upon April 28, 1877, a general verdict was rendered for defendant. Judgment was entered in accordance therewith upon Peb- ruary 8, 1879. Upon May 12, 1875, the eoniplainant began another action, in the same court, against Park alone, upon his' individual agreement'to deliver the ore on» band and the mining property agrfeed to be sold;"The complaint set forth that the quantity of ore on hand was much less than 'the amount called for in the agreetiieut, and that the litigfttion with the Illinois Tunnel Company oonstituted a breach of the agreement to deliver the property sold. Issue wa,s joined, and upon October 15, 1877, the complaint was dismissed upon plaintiff 's failure to appear and prosecute bis action. �The notes given in settlement to ihe Illinois Tunnel Com- pany passed into the hands of Park. Upon May 22, 1876, Park recovered judgment, in the district court of the third judicial district of the territory of Utah, for the amount of said notes, against complainant. In December, 1874, the mine was seized, upon an attachment by Park, in a suit brought in the said district court to recover . the moneys loaned by him to complainant for payment of dividends, Judgment was recovered therein against complainant. Upon Pebruary 6, 1875, execution was issued upon that judgment, ��� �