Bell v. Mills
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. The plaintiff in error, as special administratrix of the estate of her deceased husband, Thomas Bell, brought an action against the defendant in error for damages for the conversion by him of 675 shares of the capital stock of the Bellingham Bay & British Columbia Railroad Company, 3,401 shares of the capital stock of the Black Diamond Coal Mining Company, and 3,435 shares of the…
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In Error to the Circuit Court of the United States for the Northern District of California. The plaintiff in error, as special administratrix of the estate of her deceased husband, Thomas Bell, brought an action against the defendant in error for damages for the conversion by him of 675 shares of the capital stock of the Bellingham Bay & British Columbia Railroad Company, 3,401 shares of the capital stock of the Black Diamond Coal Mining Company, and 3,435 shares of the Bellingham Bay Improvement Company. The complaint alleged that Thomas Bell, while -the owner of said shares, pledged the…
1Opinion of the Court
GILBERT, Circuit Judge,
after stating the case as above, delivered' the opinion of the court.
Did the court err in ruling that the complaint does not state facts sufficient to constitute a cause of action ? It is conceded that it states-*26no cause of action unless it is shown by the allegations thereof that the sale of the shares of stock to the defendant in error was void. The plaintiff in error contends that there could be no lawful sale of the pledged stock until after the bank’s claim against the estate had been proven and allowed by the probate court, and that the complaint shows that the…
2Cases cited6 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Cunningham v. AshleyCalifornia Supreme Court · 1873
- More v. CalkinsCalifornia Supreme Court · 1892
- Bayly v. MueheCalifornia Supreme Court · 1884
- De la Ossa v. OxarartCalifornia Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
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