Menzies v. Kennedy
Nevada Supreme Court
Appeal from tbe District Court of tbe First Judicial District, Storey County. Tbis was an action to recover tbe value of two hundred and fifty shares of tbe capital stock of tbe Lady Bryan Mining Company, claimed to have been sold to plaintiff by defendant, but left in defendant’s possession and afterwards converted by'him.
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Appeal from tbe District Court of tbe First Judicial District, Storey County. Tbis was an action to recover tbe value of two hundred and fifty shares of tbe capital stock of tbe Lady Bryan Mining Company, claimed to have been sold to plaintiff by defendant, but left in defendant’s possession and afterwards converted by'him. It appears that tbe sale took place in May, 1871, and that tbe defendant gave tbe plaintiff at tbe time tbe following paper:— “Virginia City, May 13, 1871. “Deceived from Mr. Menzies five hundred dollars for two hundred and fifty shares of tbe capital stock of tbe Lady…
1Opinion of the Court
By the Court,
Whitman, C J.:
The first and second points of appellant, claiming the evi - dence to be insufficient to warrant the verdict, must fail for the reason that there was a conflict of evidence, and therein substantial testimony to sustain the verdict. The law, touching the different theories of appellant and respondent, was fairly stated, and the jury found for the latter. Of course a verdict so found must stand, there being no other error.
The court did not err in refusing to allow the witness Mallon and the appellant to answer the questions stated in appellant’s third point; their…
2Cases cited3 opinions
- Pierce v. RobinsonCalifornia Supreme Court · 1859
- State v. BabcockSupreme Court of Connecticut · 1815
- Lester v. StanleyU.S. Circuit Court for the District of Connecticut · 1808
3Cited by5 opinions
- Central Trust Co. of California v. Holmes Mining Co.Nevada Supreme Court · 1908
- Burbank v. RiversNevada Supreme Court · 1887
- Kirman v. JohnsonNevada Supreme Court · 1908
- Marx v. LewisNevada Supreme Court · 1898
- State v. PrestonNevada Supreme Court · 1908