Robertson v. C. O. D. Garage Co.
Nevada Supreme Court
Appeal from First Judicial District Court,. Douglas County; Frank P. Langan, Judge. Action by J. C. Robertson against the C. O. D. Garage Company. From a judgment for defendant, plaintiff appeals. Embezzlement by servant or agent entitles principal to recover.
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Appeal from First Judicial District Court,. Douglas County; Frank P. Langan, Judge. Action by J. C. Robertson against the C. O. D. Garage Company. From a judgment for defendant, plaintiff appeals. Embezzlement by servant or agent entitles principal to recover. Rev. LaAvs, 6650-6654; Stats. 1915, p. 202; 31 Cyc. 1605-1607; Menardi v. Walker, 32 Nev. 169. Plaintiff may recover the property or its value. 31 Cyc. 1607 (2) ; Velsian v. Lewis, 16 Pac. 631. It was the duty of defendant to ascertain the authority of the seller. Springer v. Bank, Ann. Cas. 1917A, 520. The principal cannot be bound by…
1Opinion of the Court
By the Court,
Sanders, C. J.:
This is an action under the statute of claim and delivery brought by the owner to recover the possession of an Overland automobile, alleged to have been stolen from him and from his place of business in the city of Reno, Nevada, on or about the 18th day of May, 1919. The defendant denied plaintiff’s ownership and the theft of the automobile, disclaimed any knowledge of plaintiff’s business, asserted that it purchased the automobile from the owner thereof in the ordinary course of trade for a valuable consideration, and demanded judgment that it be adjudged the…
2Cases cited3 opinions
- Holmes v. TynerCourt of Appeals of Texas · 1915
- Dougherty v. Wells, Fargo & Co.Nevada Supreme Court · 1872
- Sioux City Nursery & Seed Co. v. MagnesColorado Court of Appeals · 1894
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- Robinson v. Goldfield Merger Mines Co.Nevada Supreme Court · 1923
- Thomas v. NevansNevada Supreme Court · 1950
- Jetcrete North America LP v. Austin Truck & Equipment, Ltd.District Court, D. Nevada · 2020
- Nationwide Transport Finance v. Cass Information Systems, Inc.Court of Appeals for the Ninth Circuit · 2008
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