Legal Opinion

Boylan v. Huguet

Nevada Supreme Court

Decided April 15, 1873PublishedCited by 14 opinions

Appeal from the District Court .of the First Judicial District, Storey Oouuty. It appears that Boylan, the plaintiff, on or about June 2, 1870, requested H. H. Flagg, a broker of Gold Hill, to purchase for him ten shares of stock in the Savage Mining Company. Flagg made the purchase and entered it on his books to the credit of Boylan.

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Appeal from the District Court .of the First Judicial District, Storey Oouuty. It appears that Boylan, the plaintiff, on or about June 2, 1870, requested H. H. Flagg, a broker of Gold Hill, to purchase for him ten shares of stock in the Savage Mining Company. Flagg made the purchase and entered it on his books to the credit of Boylan. Afterwards various transactions in mining stocks took place between them, until on or about February 2, 1872, when Flagg’s books showed that he held to the credit of Boylan thirty shares of Savage stock, thirty shares of stock in the Alpha Mining Company, and…

1Opinion of the Court

*352By the Court,

Whitman, C. J.:

This action is trover, for the conversion of mining stock. Boylan, the respondent, dealt for a series of months with one Elagg, a broker of Gold Hill, Nevada, in the ordinary course of business. He gave orders which Elagg filled through his broker in San Francisco; and the purchases and sales as effected in the stock board there were reported to Boylan as the acts of Flagg. The former had no communication with the San Francisco broker; his account was kept entirely with Flagg and at the time of Flagg’s failure was fully paid up, and thirty shares of the stock of…

2Cases cited5 opinions

  1. Markham v. . JaudonNew York Court of Appeals · 1869
  2. Page v. FowlerCalifornia Supreme Court · 1870
  3. Matthews v. . CoeNew York Court of Appeals · 1872
  4. Bowker v. GoodwinNevada Supreme Court · 1871
  5. Prescott v. Wells, Fargo & Co.Nevada Supreme Court · 1867

3Cited by14 opinions

  1. Payne v. ElliotCalifornia Supreme Court · 1880
  2. Bader v. CerriNevada Supreme Court · 1980
  3. Daggett v. DavisMichigan Supreme Court · 1884
  4. Ward v. Carson River Wood Co.Nevada Supreme Court · 1878
  5. Dunne v. StotesburySupreme Court of Colorado · 1891

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