Dent v. Holbrook
DENT v. HOLBROOK
- Area
- civil
- Panel
- Department, McKee
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Departmentmckee
Department No. 1, McKee, J.:
An 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.)
The 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.
Thus modified, the judgment is affirmed.
McKinstry, P. J., and Ross, J., concurred.
Cited by
- Maguire v. Cunningham Civ. No. 4096. · 1923-11-27
- Woltz v. E. F. Hutton & Co. Civ. No. 3752. · 1921-12-22
- Potts v. Paxton S. F. No. 6653. S. F. No. 6903. S. F. No. 7055. · 1915-12-15