Legal Opinion

State v. Friend

Nevada Supreme Court

Decided February 15, 2002No. 35363PublishedCited by 12 opinions

1Opinion of the Court

OPINION

2Per curiam

In this case, we are asked to determine the meaning of the word “note,” as defined as a “security,” under NRS 90.295 of the Nevada Uniform Securities Act (“the Act”). The district court held that one-year notes issued by respondent Robert Marcus Friend were not securities under the Act.

We conclude that a plain, literal reading of the word “note,” as contained in the definition of “security,” under NRS 90.295 leads to absurd results and, therefore, we reject this interpretation. However, since the Act is based upon federal securities acts, we conclude that it is appropriate for this…

3Cases cited10 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
  3. Reves v. Ernst & YoungSupreme Court of the United States · 1990
  4. Sheriff, Washoe County v. SmithNevada Supreme Court · 1975
  5. Banegas Ex Rel. Banegas v. State Industrial Insurance SystemNevada Supreme Court · 2001

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4Cited by12 opinions

  1. Thompson v. PeopleSupreme Court of Colorado · 2020
  2. Federal Deposit Insurance v. Banc of America Securities LLCDistrict Court, C.D. California · 2013
  3. State v. AllenNevada Supreme Court · 2003
  4. Tai-Si Kim v. KearneyDistrict Court, D. Nevada · 2012
  5. State v. AllenNevada Supreme Court · 2002

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