Tulley v. Tranor
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. From December, 1872, until August, 1873, defendants acted as the brokers of plaintiff, buying and selling for him shares of mining stock, receiving the dividends and paying assessments thereon. In July, 1873, the defendants, as such brokers, had in their possession, belonging to plaintiff, certain shares of the capital stock of divers mining corporations.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. From December, 1872, until August, 1873, defendants acted as the brokers of plaintiff, buying and selling for him shares of mining stock, receiving the dividends and paying assessments thereon. In July, 1873, the defendants, as such brokers, had in their possession, belonging to plaintiff, certain shares of the capital stock of divers mining corporations. Plaintiff owed defendants two thousand dollars and twenty-five cents, being so much money advanced by them as part of the purchase price of…
1Opinion of the Court
By the Court, McKinstry, J.:
When this action was commenced, sec. 3336 of the Civil Code read: “ The detriment caused by the wrongful conversion of personal property is presumed to be, (1) the value of the property at the time of the conversion, with the interest from that time, or, where the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option- of the injured party; and (2) a fair compensation for the time and money properly expended in pursuit of the property.”
Prior…
2Cited by22 opinions
- Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
- Fein v. Permanente Medical GroupCalifornia Supreme Court · 1985
- American Bank & Trust Co. v. Community HospitalCalifornia Supreme Court · 1984
- Stout v. TurneyCalifornia Supreme Court · 1978
- Coast Bank v. HolmesCalifornia Court of Appeal · 1971
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