Dent v. Holbrook

Decided July 1, 1880

California Supreme Court · decided 1880-07-01

Daingerfield, J. Action for the conversion, by the defendant, of certain stock pledged to him by the plaintiff. The amended complaint was filed March 6th, 1877. The stock ivas sold for $319, at the regular session of the Board of Brokers, on September 13th, 1876, but without the notice required by law. January 23rd, 1877, the plaintiff tendered the amount of his indebtedness, and demanded a return of the stock.

Good law ✅— No negative treatment on recordhow we know

Decided 1880-07-01

How this case has been cited

Cited by 6 later decisions — most recently November 1923

1 district · 5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Department No. 1, McKee, J.:

¶1An unauthorized sale by a stock-broker of certificates of shares of stock in a mining corporation on which the broker has a lien for payment of part of the purchase-money, is a conversion, for which the owner of the certificates is entitled to recover, as damages, the highest market value of the stock, at any time between the conversion and the verdict, without interest. (Code Civ. Proc. § 3336, as amended January 22nd, 1878.)

¶2The judgment appealed from is sustainable upon this principle, except as to interest, which was allowed by the Court; in that regard it is erroneous. But the amount of the interest, as appears by the record, was $75. Subtracting that from the judgment there remains $723.50, for which the plaintiff is entitled to judgment.

¶3Thus modified, the judgment is affirmed.

¶4McKinstry, P. J., and Ross, J., concurred.