Bingham v Shumate

Bingham et al appeal the judgement of Justice Morrison regarding the ownership of 22 timber claims in the Copper River area. Shumate acquired 7 of the claims from McCulloch and Dockerell, and caused the remaining 15 to be staked. The plaintiffs joined a syndicate to handle those properties. Shumate was empowered to sell the limits, and the action was brought for a declaration as to the interests of the plaintiffs in those limits, demanding an accounting of the defendant’s handling of those stakes properties and the appointment of a receiver to attend to the interests of all parties. Shumate presented a counterclaim that would force the plaintiffs to produce the documents necessary to permit a pending sale of those limits. Justice Morrison concluded that the plaintiffs had failed to prove the accusation of fraud they had leveled at the defendant. He dismissed the action and granted Shumate’s counterclaim, with costs. The plaintiffs were represented by Maclean, the defendant by Bodwell and Mayers. Chief Justice Macdonald and Justices Irving and Galliher heard and dismissed the appeal., with Elliott, Maclean, and Shandley standing for the appellants and C.K. Courtenay for the respondents.