Brewster v. Sime
California Supreme Court
Appeal from the District Court of the Twelfth J udicial District, City and County of San Francisco. This was an action to recover the sum of seven thousand five hundred dollars, the value of two hundred and sixty-nine shares of the capital stock of the Exchequer Mining Company, alleged to have been converted by the defendants.
Read the full summary
Appeal from the District Court of the Twelfth J udicial District, City and County of San Francisco. This was an action to recover the sum of seven thousand five hundred dollars, the value of two hundred and sixty-nine shares of the capital stock of the Exchequer Mining Company, alleged to have been converted by the defendants. It appears that in 1867 Joseph Tilden hypothecated five hundred shares of the stock of that company with defendants, as collateral security for a debt of eighteen thousand six hundred and seventy-five dollars. Of these shares the two hundred and sixty-nine referred to…
1Opinion of the Court
By the Court, Crockett, J.:
There are in this case but two material questions of fact, and two of law. The questions of fact are: First, Did Tilden pledge to defendants plaintiff’s stock as collateral security for a loan made at the time? Second, Did the defendants then have actual notice that the stock belonged to plaintiff and not to Tilden? On both these points there is a substantial conflict in the evidence. The defendant Hastings testified explicitly that, this, with other stock, was hypothecated with the defendants by Tilden, as security for a loan made at the time, and that they had no…
2Cases cited8 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Bridenbecker v. LowellNew York Supreme Court · 1860
- Johnson v. JonesNew York Supreme Court · 1848
- Crocker v. . CrockerNew York Court of Appeals · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gerard v. . McCormickNew York Court of Appeals · 1891
- Savings Bank of San Diego v. Central Market Co.California Supreme Court · 1898
- Northwestern Portland Cement Co. v. Atlantic Portland Cement Co.California Supreme Court · 1917
- Thompson v. TolandCalifornia Supreme Court · 1874
- Graves v. Mono Lake Hydraulic Mining Co.California Supreme Court · 1889
22 more not listed; retrieve them via the Exa API.