Edwards v. Sonoma Valley Bank

Appeal from a judgment for the defendant in the Twenty-second District Court, County of Sonoma. Temple, J.

The complaint alleged in substance, that two certificates of , stock (Nos. 19 and 20) were issued by the defendant to plaintiff’s husband, A. S. Edwards; that the said certificates were assigned for value received, the former to the plaintiff and the latter to Mrs. Frances Haraszthy, and that the defendant had due notice of the assignments; that on or about the 1st of April, 1878, the plaintiff and the said Frances Haraszthy and the said A. S. Edwards advised the cashier of said bank of said transfers, and demanded that he enter the same on the books of said bank, but said cashier thereupon peremptorily refused to make the entries. That by virtue of an execution, issued upon a judgment recovered by the defendant against A. S. Edwards, as above mentioned, the said defendant, J. L. Dinwiddie, as Sheriff of said county, sold at public sale on the 6th day of July, 1878, the said ten shares of Sonoma Valley Bank stock to one A. F. Haraszthy, but as plaintiff charges and avers for the uses and benefit of the defendant, for the sum of one thousand and fifty dollars; that said purchaser at Sheriff’s sale claims said stock by virtue of said sale, and retains the possession of the same, and that the said defendant has unlawfully and wrongfully converted the same to the use of defendant, to the damage of plaintiff in the sum of twelve hundred dollars.