Bercich v. Marye
Nevada Supreme Court
Appeal from tbe District Court of tbe First Judicial District, Storey County. This was an action under tbe statute on claim and delivery of personal property., sucb as is usually known as an action of replevin. Tbe plaintiff demanded tbe restitution of certain mining stock described in tbe opinion or its value • and damages in tbe sum of seven hundred and seventy dollars in case a return could not be had.
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Appeal from tbe District Court of tbe First Judicial District, Storey County. This was an action under tbe statute on claim and delivery of personal property., sucb as is usually known as an action of replevin. Tbe plaintiff demanded tbe restitution of certain mining stock described in tbe opinion or its value • and damages in tbe sum of seven hundred and seventy dollars in case a return could not be had. It appeared that the stock had been taken to defendant, who was a stockbroker in Virginia City, by a person giving his name as Bernarge. Defendant received and sold it, and, after deducting…
1Opinion of the Court
By the Court,
Belknap, J.:
Judgment in the alternative was rendered against ,the defendant for the restitution of five shares of the capital stock of the Belcher Silver Mining Company and twenty shares of the capital stock of the Caledonia Silver Mining Company, *316or the value thereof, and damages, under section 202 of the Practice Act. The shares were transferred in blank and were stolen from the plaintiff. The defendant is a broker, engaged in buying and selling mining stocks. He received the certificates stated in the usual course of his business from a stranger, sold them upon commission and…
2Cases cited5 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- President, Directors & Co. of Mechanics' Bank v. New-York & New Haven RailroadNew York Court of Appeals · 1856
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Boylan v. HuguetNevada Supreme Court · 1873
- O'Meara v. North American Mining Co.Nevada Supreme Court · 1866
3Cited by9 opinions
- Swim v. WilsonCalifornia Supreme Court · 1891
- State ex rel. Rankin v. LeeteNevada Supreme Court · 1881
- Gardner v. BrownNevada Supreme Court · 1894
- Miller v. WahyouCourt of Appeals for the Ninth Circuit · 1956
- State ex rel. Guerrero v. PettineliNevada Supreme Court · 1875
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