Legal Opinion

Hayward v. Rogers

California Supreme Court

Decided December 13, 1882No. 6,920PublishedCited by 10 opinions

Appeal by the defendant from the judgment of the District Court of the Nineteenth Judicial District of the State of California in and for the City and County of. San Francisco. Wheeler, J. Action on promissory note, and on account of moneys laid out and advanced for benefit of defendant.

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Appeal by the defendant from the judgment of the District Court of the Nineteenth Judicial District of the State of California in and for the City and County of. San Francisco. Wheeler, J. Action on promissory note, and on account of moneys laid out and advanced for benefit of defendant. The complaint was filed February 25, 1876. An amended complaint was filed September 8, 1876, and prays judgment against defendant for the sum of $30,000, and interest thereon at one per cent, per month, compounded monthly, from June 4,1872, to December 2, 1872; and from that date on $20,278.44, alleged to be…

1Opinion of the Court

Sharpstein, J.:

The principal contention on behalf of Eogers is, that Hayward held a certain number of shares of mining stock as security for money advanced by him to Eogers, and that Hayward, without the knowledge of Eogers, sold said shares of stock, and that afterwards, and while Eogers was uninformed and ignorant of said sale, Hayward procured a power from Eogers to sell said stock, and then sold of the stock of the same mining company the same number of shares that he, Hayward, had held prior to said first sale as security for his said advances to Eogers, and that Hayward accounted to…

2Cited by10 opinions

  1. Bell v. Bank of CaliforniaCalifornia Supreme Court · 1908
  2. DeMiglio v. MashoreCalifornia Court of Appeal · 1992
  3. Sweeney v. Metropolitan Life InsuranceAppellate Division of the Superior Court of California · 1937
  4. Cowan v. HillCalifornia Court of Appeal · 1930
  5. James v. White Truck and Transfer Co.California Court of Appeal · 1934

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