King v. Boerne State Bank
Court of Appeals of Texas
Appeal from District Court, Kendall County; R.-H. Burney, Judge. Action by D. W. King against the Boerne State Bank and another. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Kendall County; R.-H. Burney, Judge. Action by D. W. King against the Boerne State Bank and another. Judgment for defendants, and plaintiff appeals. Appellant, on March 14, 1912, sued appel-lees, the Boerne State Bank and its president, C. J. Doe, for damages, charging such defendants with the conversion of 8,009 shares of the capital stock of the Boerne Electric Power & Manufacturing Company of the par value of $8,000, which had been pledged by plaintiff to said bank as collateral security on his note for $1,000, dated December 29, 1911,: and due January 29, 1912.…
1Opinion of the CourtMoursund, J.
(after stating the facts as above). The trial court, though of the opinion that the sale of plaintiff’s stock to C. J. Loe was invalid, concluded that plaintiff could ask nothing further than to be restored to the position the parties would have occupied had no such sale been made, and had suit been brought on the $1,000 note, with prayer for foreclosure of the lien upon the collateral. If this was a suit to recover' the stock itself, in view of the absence of evidence showing a depreciation in value of such stock, or evidence of damage because of its depreciation, it could be said that even…
2Cases cited14 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Roberts v. WimberlyTexas Supreme Court · 1874
- Luckett v. TownsendTexas Supreme Court · 1848
- Soell v. HaddenTexas Supreme Court · 1892
- Dibert v. D'ArcySupreme Court of Missouri · 1913
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