McStay Supply Co. v. Stoddard
Nevada Supreme Court
Appeal from the Seventh Judicial District Court, Esmeralda County, Nevada; Theron Stevens, Judge. Action by the McStay Supply Company against John S. Cook & Co. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion. The plaintiff has mistaken its remedy, and under the facts found by the court should have brought a suit in equity instead of an action at law.
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Appeal from the Seventh Judicial District Court, Esmeralda County, Nevada; Theron Stevens, Judge. Action by the McStay Supply Company against John S. Cook & Co. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion. The plaintiff has mistaken its remedy, and under the facts found by the court should have brought a suit in equity instead of an action at law. The theory upon which the court below gave judgment was that Stoddard Brothers were acting as trustees for the plaintiff in collecting the money for the goods sold and in depositing it in the banking…
1Opinion of the Court
By the Court,
Sweeney, C. J.:
The record discloses that plaintiff, respondent herein, is a California corporation; that the defendant banking company is a Nevada corporation; that the defendants Stoddard were copartners doing business in Goldfield in carrying on a warehouse, storage, and transfer or dray-age business;' that plaintiff sold and shipped merchandise to purchasers in Goldfield; that defendants Stoddard hauled and delivered said goods to said purchasers; that the defendants Stoddard collected for plaintiff from such customers $2,653.62; that the money so collected Was the property of…
2Cases cited44 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Harrison v. SmithSupreme Court of Missouri · 1884
- President of the Bank of the Metropolis v. President of the New England BankSupreme Court of the United States · 1843
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3Cited by11 opinions
- Arnold v. San Ramon Valley BankCalifornia Supreme Court · 1921
- Shuman v. Citizens State BankNorth Dakota Supreme Court · 1914
- Johnston v. DelayNevada Supreme Court · 1945
- Friendly v. LarsenNevada Supreme Court · 1944
- Leonard v. Optimal Payments Ltd. (In Re National Audit Defense Network)United States Bankruptcy Court, D. Nevada · 2005
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