Legal Opinion

Planters' & Merchants' Mutual Insurance v. Selma Savings Bank

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 23 opinions

Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The original bill in this case was filed on the 19th July, 1877, by the appellant, a domestic corporation, located and doing business in Mobile, against the Selma Savings Bank, also a domestic corporation, located and doing business in Selma; and sought to compel the defendant to transfer on its books two certificates of stock, of which the complainant claimed to be the owner and holder for…

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Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The original bill in this case was filed on the 19th July, 1877, by the appellant, a domestic corporation, located and doing business in Mobile, against the Selma Savings Bank, also a domestic corporation, located and doing business in Selma; and sought to compel the defendant to transfer on its books two certificates of stock, of which the complainant claimed to be the owner and holder for valuable consideration, and which the defendant, or its officers, refused to transfer on demand before the filing of the…

1Opinion of the CourtBeiokell, C. J.

The principal questions presented by the original bill are-^-first, whether the appellee has a lien on the stock standing on its books in the name of H. A. Stollenwerck & Brothers, for debts due and owing it, from the said firm or its successor, having an equitable title to the stock; second, whether there are found in the case facts and circumstances, which render it inequitable to assert the lien against the appellant.

The by-laws of the bank, passed in the exercise of its corporate powers, regulate the mode of transferring stock, and define the rights and liabilities of transferror and…

2Cases cited6 opinions

  1. Duke v. Cahawba Navigation Co.Supreme Court of Alabama · 1846
  2. Townsend v. CowlesSupreme Court of Alabama · 1858
  3. Hill v. HillSupreme Court of Alabama · 1846
  4. Stebbins v. Phenix Fire InsuranceNew York Court of Chancery · 1831
  5. Vaughan v. Vaughan's HeirsSupreme Court of Alabama · 1857

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Stein v. McGrathSupreme Court of Alabama · 1900
  2. Whiteman v. TaberSupreme Court of Alabama · 1919
  3. Allen v. AllenSupreme Court of Alabama · 1885
  4. Humphreys v. BurlesonSupreme Court of Alabama · 1882
  5. Sessions v. BoykinSupreme Court of Alabama · 1884

18 more not listed; retrieve them via the Exa API.

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