Legal Opinion

Kuhn v. McAllister

Utah Supreme Court

Decided June 15, 1875PublishedCited by 6 opinions

Appeal from the Third District Court. The facts appear in the Opinion.

1Opinion of the CourtBoremaN, J.

This is a Suit to recover damages for the conversion by the Defendant of two hundred and fifty shares of capital stock of a mining company.

In the Court below judgment went against the Defendant by default, and Defendant has appealed to this Court, and now here alleges that the complaint does not state facts sufficient to constitute a cause of action. The *274insufficiency is alleged to consist in bringing this suit for damages for the conversion of “ shares ” of stock, as “ shares ” are incorporeal, and a party cannot be charged with taking and converting the same, or in other words, that this is…

2Cases cited2 opinions

  1. Atkins v. GambleCalifornia Supreme Court · 1871
  2. Anderson v. . NicholasNew York Court of Appeals · 1863

3Cited by6 opinions

  1. Payne v. ElliotCalifornia Supreme Court · 1880
  2. Daggett v. DavisMichigan Supreme Court · 1884
  3. Nebeker v. HarveyUtah Supreme Court · 1900
  4. Coray v. Perry Irrigation Co.Utah Supreme Court · 1917
  5. Keller v. Eureka Brick Machine Manufacturing Co.Missouri Court of Appeals · 1890

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