Legal Opinion · Dissent

Peckinpaugh v. H. W. Noble & Co.

Michigan Supreme Court

Decided May 3, 1927No. Docket No. 14Published

1DissentBird, J.

I am in accord with that portion of the opinion of Mr. Justice Wiest in this case in which he holds that it was error to submit to the jury the question whether the shares were feloniously obtained because of a lack of proof on that question, but I am not in accord with the statement in the opinion that “a purchaser in good faith of certificates of stock, indorsed in blank, is protected although they may have been stolen by the prior holder.”

It is not my understanding that this statement is the law. It is at variance with the following authorities:

“Share certificates not being negotiable…

2Cases cited10 opinions

  1. Swim v. WilsonCalifornia Supreme Court · 1891
  2. O'Herron v. GrayMassachusetts Supreme Judicial Court · 1897
  3. Millard v. GreenSupreme Court of Connecticut · 1920
  4. Scollans v. E. H. Rollins & SonsMassachusetts Supreme Judicial Court · 1899
  5. People v. MartinMichigan Supreme Court · 1898

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