Mahaney v. Walsh
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, James M. Mahaney, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in. the first instance, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Niagara.
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Motion by the plaintiff, James M. Mahaney, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in. the first instance, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Niagara. Action to recover the value of seventy-five shares of the capital stock of the American District Steam Company, of the value of $100 per share. ' Commenced in Niagara county March 11, 1895. This company was a corporation transacting business at Lockpoft, N. Y. On the 3d day of…
1Opinion of the Court
Wakd, J. :
• The transfer of the seventy-five shares of stock from the defendant to Mary Mahaney, the testatrix, conferred upon her the legal *604title to those shares and no transfer of the stock upon the hooks of the corporation was necessary as between the defendant and her. But as between Mary Mahaney and the corporation, in order tó entitle her to receive dividends and enjoy the benefits of her stock, the proper transfer should have been made upon the books of the corporation. Until that was done the defendant was the nominal owner of the stock and treated as the trustee of the stock for Mary…
2Cases cited16 opinions
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Leitch v. . WellsNew York Court of Appeals · 1872
- McAllister v. KuhnSupreme Court of the United States · 1878
- Payne v. ElliotCalifornia Supreme Court · 1880
- Merritt v. . SeamanNew York Court of Appeals · 1852
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3Cited by11 opinions
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- United States Fidelity & Guaranty Co. v. NewburgerNew York Court of Appeals · 1933
- Pierpoint v. FarnumAppellate Division of the Supreme Court of the State of New York · 1931
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