Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dillon v. Grutt

December 31, 1914

DILLON & WEST, INCORPORATED, RESPONDENTS, V. EUGENE GRUTT, AS SHERIFF OF MINERAL COUNTY, AND NELSON POLI, APPELLANTS.


Appeal from Seventh Judicial District Court, Mineral County; Peter J. Somers, Judge.

Mack & Green, for Appellants.

E. E. Hull, for Respondent.

By the Court, Norcross, J.:

This is a suit in claim and delivery of personal property for the recovery of certain mining machinery and equipment in the possession of the appellant Eugene Grutt, as sheriff of Mineral County, by virtue of an execution issued in a certain civil action wherein the appellant Nelson Poli was plaintiff and one L. H. Bartholomew was defendant. Judgment for the return of the property and for $250 damages was rendered in favor of the plaintiff, respondent herein. From the judgment and from an order denying a motion for a new trial, defendant has appealed.

From the proceedings and record in the case it appears that on or about December 21, 1909, the said L. H. Bartholomew received from the Nevada Engineering Works, Roy & Bride, lessees, the machinery in question in the action under the terms and conditions of the following written agreement:

“Reno, Nevada, December 21st, 1909.

“Nevada Engineering Works, Roy & Bride, lessees, hereby agree to deliver to L. H. Bartholomew, * * * The following mining machinery and equipment, to wit: [Here follows description of the property in question.]

“Mr. L. Bartholomew agrees to pay for the above mentioned machinery the sum of one thousand three hundred and forty-seven dollars ($1,347.00), when delivered f. o. b. cars or as soon thereafter as possible.

“It is understood and agreed between both parties hereto that the said L. Bartholomew shall deposit with Dillon & West, Inc., of Yerington, all bullion of whatever nature of kind that may be extracted from the mining properties of the said L. H. Bartholomew until the full amount of $1,347.00 has been paid in full, provided, however, that in event the payment in full be made by or before the 1st of March, 1909, a discount of 10% (ten per cent) will be allowed.

“It is understood and agreed that the above mentioned machinery shall remain the property of the Nevada Engineering Works, Roy & Bride, lessees, until paid for in full.

[38 Nev. 46, Page 49]

“L. Bartholomew as a surety of his proper performance of the terms of this contract will deposit with the Nevada Engineering Works, Roy & Bride, lessees, 50,000 shares of the capital stock of the Northern Light Copper Co., which said stock may be sold for the account of the said Nevada Engineering Works, Roy & Bride, lessees, if the said sum of $1,347.00 be not paid in full within six months from date hereof.”

Following the delivery of the property in question to the said L. Bartholomew, the latter deposited with Dillon & West, Inc. during the year 1910, bullion upon the dates and of the value following:

April 13.............................................. $326.51

April 23.............................................. 258.13

May 4................................................. 404.97

May 18................................................ 364.26

May 27................................................ 180.11

June ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.