Haskins v. Dern
Utah Supreme Court
Appeal from the Third District Court, Salt Labe County, Hon. A. N. Cberry, Judge. Action by plaintiff on a memorandum of agreement for tbe delivery of certain stock or tbe payment of a sum in the agreement mentioned. . From a judgment for plaintiff defendant appeals. The writing in question contains all the elements of a bailment and not a single element of a sale. Am. and Eng.
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Appeal from the Third District Court, Salt Labe County, Hon. A. N. Cberry, Judge. Action by plaintiff on a memorandum of agreement for tbe delivery of certain stock or tbe payment of a sum in the agreement mentioned. . From a judgment for plaintiff defendant appeals. The writing in question contains all the elements of a bailment and not a single element of a sale. Am. and Eng. Ency. of Law, 2d ed., Vol. 3, p. 33. If Mr. Dern bought his stock as the court ruled, then he bought it on the 20th day of December, 1895, and the title was in him from that date, subject to being divested by his…
1Opinion of the CourtMiner, J.
On December 20, 1895, the plaintiff Haskins was the owner of 2,010 shares of capital stock of the Silver Lode Mining and Milling Company, and on that day he caused a certificate thereof to be made out in the name of the defendant Dern, and delivered the same to him, whereupon the defendant executed and delivered to the plaintiff an agreement in writing as follows:
“Salt Laeb City, Utah, Dec. 20, 1895.
“Received of Ezra D. Haskins one certificate of stock in the Silver Lode Mining & Milling Company for two thousand and ten shares, No. 46, issued in the name of John Dern. I agree to return this…
2Cases cited14 opinions
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