Hamaker

This is an action brought by the plaintiff against the defendants to recover on a promissory note in the sum of $3,500. The defendant Shephard being without the jurisdiction of the court was not served. Judgment was in favor of the plaintiff against the defendants Hamaker and Rea, who are the appellants herein. It is the contention of the appellants: (a) That the note was without consideration; (b) that it was procured by fraudulent misrepresentations; (c) that the findings are not supported by the evidence, and (d) that the judgment is against the evidence and against the law.

The circumstances under which the controversy arose were substantially as follows: The defendants were operating a tungsten mine near Ely, in the state of Nevada, under a conditional sales contract under which the defendants were let into the immediate possession and operation of the property. The contract provided that the vendors should place in escrow with the plaintiff bank a good and sufficient deed conveying the property to the defendants; that all shipments of ore were to be made in the name of the bank and of the funds derived therefrom a certain percentage was to be retained by the operators of…