Legal Opinion

Hyatt v. Argenti

California Supreme Court

Decided April 15, 1853PublishedCited by 7 opinions

Appeal from the Fourth Judicial District. The complaint set forth, that plaintiff, being the owner of city scrip of the City of San Francisco, to the nominal amount of' $45,215 60, bearing interest at the rate of 3 per cent, per month, and requisitions of the Comptroller upon the City Treasurer for moneys due to plaintiff for planking streets, to the nominal amount of $94,748 62, and bonds of the city to the nominal amount of $90,000, bearing 10 per cent, interest per annum,…

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Appeal from the Fourth Judicial District. The complaint set forth, that plaintiff, being the owner of city scrip of the City of San Francisco, to the nominal amount of' $45,215 60, bearing interest at the rate of 3 per cent, per month, and requisitions of the Comptroller upon the City Treasurer for moneys due to plaintiff for planking streets, to the nominal amount of $94,748 62, and bonds of the city to the nominal amount of $90,000, bearing 10 per cent, interest per annum, deposited the same with the said defendant, to hold as his agent, and charges that defendant had fraudulently converted…

1Opinion of the Court

The opinion of the court was delivered by

Heydenfeldt, Justice.

This is an action of trover for the wrongful conversion of certain securities, called scrip, requisitions, and bonds.

The defendant was to make advances of money from time to time to the firm of Hyatt, Cox & Sheldon (who, in this action, are represented by the plaintiff Hyatt), and Hyatt, Cox & Sheldon were to place the securities, as fast as received, in the possession of defendant, accompanied by an absolute assignment in writing.

Various amounts were drawn by Hyatt, Cox & Sheldon from defendant, and the securities, placed in the…

2Cited by7 opinions

  1. Ardmore State Bank v. MasonSupreme Court of Oklahoma · 1911
  2. Dewey v. BowmanCalifornia Supreme Court · 1857
  3. Tracy v. Stock Assurance BureauCalifornia Court of Appeal · 1933
  4. McCoy v. Northwestern Casualty & Surety Co.California Court of Appeal · 1935
  5. Davis v. Mississippi Central RailroadMississippi Supreme Court · 1872

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