Dougherty v. Wells, Fargo & Co.
Nevada Supreme Court
Appeal from tbe District Court of the Eighth Judicial District, White Pine County.' .It appears that the plaintiff, in 1865, held a certificate of deposit for $1,000, issued to him by Wells, Fargo & Co., at San Francisco, California.
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Appeal from tbe District Court of the Eighth Judicial District, White Pine County.' .It appears that the plaintiff, in 1865, held a certificate of deposit for $1,000, issued to him by Wells, Fargo & Co., at San Francisco, California. In 1869, he delivered'it to J. W. Sweeney, Wells^ Fargo & Co.’s agent at Shermantown, in White Pine County, with instructions to forward it by express to San Francisco, there to be renewed, and the renewed certificate to be returned to him at Shermantown, at the same time paying the charges. The agent, instead of renewing the certificate, obtained the money on…
1Opinion of the Court
By the Court,
Lewis, C. J.:
The first assignment of error in this case is founded upon the refusal of the court to non-suit the plaintiff, a motion to that end having been made “ upon the ground that an action instituted for *371money had and received would and could not be maintained for the loss of a certificate of deposit.” This was the only ground suggested in support of the motion. But the proof did not show, or tend to show the loss of the certificate. It was by no one claimed that it had been lost, but only that the agent of the defendant had, in violation of his duty, procured it to be paid…
2Cases cited2 opinions
- Sharon v. MinnockNevada Supreme Court · 1871
- Clark v. Metropolitan BankThe Superior Court of New York City · 1854
3Cited by9 opinions
- Gleason v. Seaboard Air Line Railway Co.Supreme Court of the United States · 1929
- Otis Elevator Co. v. First Nat'l Bank of S.F.California Supreme Court · 1912
- Nevada National Bank v. Gold Star Meat CompanyNevada Supreme Court · 1973
- Pacific Postal Tel. Cable Co. v. Bank of Palo AltoCourt of Appeals for the Ninth Circuit · 1901
- Home Savings Ass'n v. General Electric Credit Corp.Nevada Supreme Court · 1985
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