Shaw

Shaw v. Palmer

Good Law
1924 Cal. App. LEXIS 599·65 Cal. App. 441·224 P. 106
Court of Appeal of CaliforniaJanuary 25, 1924Civ. No. 2643.California2,950 words

Opinion

Lead Opinion

Hart, J.

This is an action in conversion 'and involves the question of the alleged wrongful conversion by defendant of five shares of stock in the Associated Oil Company, a corporation.

The complaint alleges that the certificate of said shares of stock was on or about the -eighteenth day of December, 1920, the property and in the possession of the plaintiff, but that on the said eighteenth day of December, the defendant “wrongfully took the said certificate from the possession of plaintiff and converted and disposed of it to his own use, to the damage of plaintiff in the sum of five hundred dollars.” It is alleged that, at said time-, the said certificate of stock had been indorsed in blank by the plaintiff. The prayer is for judgment for the sum named, with interest, etc.

The answer specifically denies the -averments of the complaint, and -alleges that the defendant, during 'all the time mentioned in the complaint, was, “and is now,” the owner and entitled to the possession of the said certificate of stock and the shares of the capital stock in the said Associated Oil Company covered thereby; that long prior to- the commencement of this action “the said plaintiff transferred and…

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