De La Montagnie v. Union Insurance
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The facts, sufficient for an understanding of the points decided, are stated in the opinion. The conclusions of law and judgment, rendered in December, 1868, were to the effect that plaintiff should recover two hundred and seventy-four dollars, the deterioration in value of the stock between the time of the demand by plaintiff and the trial, and for a transfer of the stock.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The facts, sufficient for an understanding of the points decided, are stated in the opinion. The conclusions of law and judgment, rendered in December, 1868, were to the effect that plaintiff should recover two hundred and seventy-four dollars, the deterioration in value of the stock between the time of the demand by plaintiff and the trial, and for a transfer of the stock. The defendant appealed.
1Opinion of the Court
By the Court, Wallace, J.:
This is an action to recover the value of certain shares of the capital stock of the corporation defendant, which the plaintiff alleges to be his property, and to have been converted by the defendant to its own use.
It appears that one James Michael, deceased, was at the time of his death owner of some thirteen shares of the capital stock of this insurance company, evidenced by a certificate standing in his own name, and that, under the order of' distribution of the Probate Court, these shares came to Michael Prank Michael, an infant son of the decedent, and of whose…
2Cases cited2 opinions
- Kendall v. MillerCalifornia Supreme Court · 1858
- Schmidt v. WielandCalifornia Supreme Court · 1868
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