Prescott v. Wells, Fargo & Co.
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Hon. Richard Rising, presiding. The facts of the ease, and the main features of the pleadings on which this case was decided are fully set forth in the opinion of the Court. The Court erred in ruling that appellants could not prove the ■ value of the property at the time of conversion for want of an allegation of value in the complaint. No such allegation is necessary ; it is only necessary to aver damage.
Read the full summary
Appeal from the District Court of the First Judicial District, Hon. Richard Rising, presiding. The facts of the ease, and the main features of the pleadings on which this case was decided are fully set forth in the opinion of the Court. The Court erred in ruling that appellants could not prove the ■ value of the property at the time of conversion for want of an allegation of value in the complaint. No such allegation is necessary ; it is only necessary to aver damage. See form of Declaration in Trover. (2 Chitty’s Pleadings, 835; Saunders on Pleading and Evidence, vol. II, part 2,1144.) As to…
1Opinion of the Court
*85Opinion by
Beatty,'C. J., Lewis, J.,
concurring.
This case presents the following material facts: In the month of August, 1862, Burton, Kellogg and Uznay owned a quartz mill called the Phoenix Mill, and were conducting the business of crushing quartz, under the firm name of “ Phoenix Mill Co.” At this time their mill property was mortgaged for some $20,000, and the defendants, Wells, Fargo and Co., held the mortgage as assignees of the original mortgagees. The Phoenix Mill Company being anxious to add some pans and other machinery to their mill, applied to the plaintiffs to rent them the…
2Cases cited1 opinion
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- Clayton v. LienhardSupreme Court of Pennsylvania · 1933
- Boylan v. HuguetNevada Supreme Court · 1873
- Brown v. Reno Electric Light & Power Co.U.S. Circuit Court for the District of Nevada · 1893
- Arnold v. Goldfield Third Chance Mining Co.Nevada Supreme Court · 1910
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
1 more not listed; retrieve them via the Exa API.