Brandow

The gravamen of the complaint is, that the plaintiff was induced by the fraudulent representations of the defendants, all of whom were stockholders, and six of them Trustees, of the Virginia Silver Mining Company, to purchase the stock of that corporation, which he alleges was worthless. He alleges that the representation which induced him to purchase said stock *586 was that the above named corporation " had purchased a certain mill and mines from an Indiana corporation, and was the. absolute owner thereof, and that the certificates of stock (which he purchased) did in fact represent the said mill and mines so purchased.”

We are unable to find in the transcript any evidence which tends to prove that any of the defendants, except defendant Bailey, made any representations whatever to the plaintiff. The plaintiff testified on the trial, and the nearest approach that he made to inculpating any of the other defendants, is in his statement that he casually met defendant McDonald on the street, and told him that he, plaintiff,. “ understood Mr. Bailey that there was a consolidation of the Virginia and Big Smoky Mill Mine,” and McDonald replied, that “that was his understanding of…