Clark v. Campbell
Utah Supreme Court
Appeal from District Court, Salt Lake County. — Hon. A. N. Cherry, Judge. Action by W. A. Clark against A. G. Campbell to receive a dividend on certain mining stock. Erom a judgment in favor of defendant and an order denying a new trial, plaintiff appeals. Action to recover $19,000, the amount of a dividend upon certain mining stock.
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Appeal from District Court, Salt Lake County. — Hon. A. N. Cherry, Judge. Action by W. A. Clark against A. G. Campbell to receive a dividend on certain mining stock. Erom a judgment in favor of defendant and an order denying a new trial, plaintiff appeals. Action to recover $19,000, the amount of a dividend upon certain mining stock. Under the instructions of the court so to do, the jury returned a verdict for the defendant, and, after motion for new trial, duly made and overruled, plaintiff appeals. The facts are that, in pursuance of negotiations between the defendant and one L. C. Trent,…
1Opinion of the CourtHart, District Judge
(after stating the facts). — The main question is, who is entitled to the dividends declared and paid, in view of the facts of this case? It is insisted on behalf of plaintiff, Clark, that the so-called “escrow” was a binding agreement upon the defendant, Campbell, before the acceptance of the same by Clark; and that, when the latter did accept the terms of the offer, and made payment on November 24, and the stock was delivered to him, the transaction related back to the delivery of the so-called “escrow” to the *572depositary on October 29, and the title should be held to pass as of that date,…
2Cases cited14 opinions
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
- Hopper v. . SageNew York Court of Appeals · 1889
- Taft v. TaftMichigan Supreme Court · 1886
- Jermain v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Simpson v. GreenTexas Commission of Appeals · 1921
- Blue v. ConnerCourt of Appeals of Texas · 1920
- Press v. Marvalan Industries, Inc.District Court, S.D. New York · 1976
- Western Securities Co. v. Silver King Consol. Mining Co. of UtahUtah Supreme Court · 1920
- Feisthamel v. CampbellCalifornia Court of Appeal · 1921
8 more not listed; retrieve them via the Exa API.