Winter v. Belmont Mining Co.
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, San Francisco. The plaintiff was the owner of certain shares of the capital stock of the defendant, and caused them to be transferred on the books of defendant to the name of “ M, Trustee.” M afterwards endorsed the certificates in blank, and delivered them to plaintiff.
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Appeal from the District Court of the Fourth Judicial District, San Francisco. The plaintiff was the owner of certain shares of the capital stock of the defendant, and caused them to be transferred on the books of defendant to the name of “ M, Trustee.” M afterwards endorsed the certificates in blank, and delivered them to plaintiff. Subsequently he stole them from the plaintiff and sold them in the market, the purchaser taking them in the ordinary course of business, in good faith, and without any knowledge of plaintiff’s claim, and at their full market value. After the sale the plaintiff…
1Opinion of the Court
By the Court, Crockett, J.:
In Weston v. Bear River and Auburn W. and M Co. 6 Cal. 425, the action was a bill in equity, alleging that the plaintiff purchased at execution sale certain shares of the capital stock of the defendant corporation, which stood on the books of the corporation in the name of Lovell, the defendant in the execution. It wa| further alleged that the defendant Swift had possession of some, and the defendants Reese & Buckingham of others of the certificates, which they refused to surrender, and the prayer of the complaint was for a decree to compel the surrender of the…
2Cases cited5 opinions
- Thompson v. TolandCalifornia Supreme Court · 1874
- Brewster v. SimeCalifornia Supreme Court · 1871
- Weston v. Bear River & Auburn Water & Mining Co.California Supreme Court · 1856
- Naglee v. Pacific Wharf Co.California Supreme Court · 1862
- Sherwood v. Meadow Valley Mining Co.California Supreme Court · 1875
3Cited by11 opinions
- Graves v. Mono Lake Hydraulic Mining Co.California Supreme Court · 1889
- Barstow v. Savage Mining Co.California Supreme Court · 1883
- Spreckels v. Nevada BankCalifornia Supreme Court · 1896
- International Bank v. German BankSupreme Court of Missouri · 1879
- Nat. Bank Etc. v. Western Pac. Ry. Co.California Supreme Court · 1910
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