Legal Opinion

Thompson v. Toland

California Supreme Court

Decided July 1, 1874No. 3,918PublishedCited by 32 opinions

Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The case was thus: Tilden & Breed were brokers in San Francisco, and engaged in buying mining stocks on commission for others, and when they loaned a portion of the money to make a purchase, were in the habit of keeping the stock purchased as their security.

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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The case was thus: Tilden & Breed were brokers in San Francisco, and engaged in buying mining stocks on commission for others, and when they loaned a portion of the money to make a purchase, were in the habit of keeping the stock purchased as their security. Joseph L. King employed them as his brokers, to buy mining stocks, and entered into a contract with them, which is contained in the following letter: “ San Francisco, March 21, 1868. Joseph L. King, Esq., Virginia: Dear Sir—In conversation between…

1Opinion of the Court

By the Court, Crockett, J.:

In the view we take of this case, it will be unnecessary to consider many of the points which have been elaborately discussed by counsel. There is no conflict in the evidence to the effect that when the stock certificates in controversy were delivered to Sime & Co., as collateral security for the indebtedness of Tilden & Breed, they were properly en*112dorsed, so as to pass by delivery. There was nothing on the face of them to raise a suspicion that they were not the property of Tilden & Breed; and the jury finds, on evidence substantially conflicting, that Sime & Co.…

2Cases cited1 opinion

  1. Brewster v. SimeCalifornia Supreme Court · 1871

3Cited by32 opinions

  1. Bell v. Bank of CaliforniaCalifornia Supreme Court · 1908
  2. MacDermot v. HayesCalifornia Supreme Court · 1917
  3. Northwestern Portland Cement Co. v. Atlantic Portland Cement Co.California Supreme Court · 1917
  4. Moore v. BoydCalifornia Supreme Court · 1887
  5. Goldberg v. ListCalifornia Supreme Court · 1938

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