Legal Opinion

Nevada Consolidated Mining & Milling Co. v. Lewis

Nevada Supreme Court

Decided July 15, 1912No. 1959PublishedCited by 6 opinions

Appeal from the District Court of the Second Judicial District, Washoe County; W. H. A. Pike, Judge. Action to set aside a default judgment foreclosing a mortgage by the Nevada Consolidated Mining and Milling Company against C. R. Lewis. Judgment for defendant, and motion for new trial denied, and plaintiff appeals. The facts sufficiently appear in the opinion.

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Appeal from the District Court of the Second Judicial District, Washoe County; W. H. A. Pike, Judge. Action to set aside a default judgment foreclosing a mortgage by the Nevada Consolidated Mining and Milling Company against C. R. Lewis. Judgment for defendant, and motion for new trial denied, and plaintiff appeals. The facts sufficiently appear in the opinion. The question presented.by this case and the question which must be decided by this court in disposing of this case is: Can an attorney, who is at the time a director of a corporation and thus occupying a fiduciary position as a trustee…

1Opinion of the Court

By the Court,

Norcross, J.:

This is an action to set aside a default judgment and decree foreclosing a certain mortgage in ah action brought by the said C. R. Lewis as plaintiff against the said Nevada Consolidated Mining and Milling Company as defendant. From the judgment in favor of the defendant, Lewis, and from an order denying a motion for a new trial, plaintiff has appealed.

On the 15th day of October, 1907, the said Nevada Consolidated Mining and Milling Company borrowed from the said Lewis the sum of $41,547.60, and as security therefor gave its promissory note payable one year after…

2Cited by6 opinions

  1. Lauer v. Eighth Judicial District CourtNevada Supreme Court · 1943
  2. Nevada Cornell Silver Mines, Inc. v. HankinsNevada Supreme Court · 1929
  3. Howard v. HowardNevada Supreme Court · 1952
  4. Esden v. MayNevada Supreme Court · 1913
  5. Schultz v. KingNevada Supreme Court · 1951

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