Dickinson v. Central National Bank
Massachusetts Supreme Judicial Court
Tort by the assignee in bankruptcy of Lucius W. Pond against a bank organized under the laws of the United Statesi for the conversion of ten shares of its capital stock.
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Tort by the assignee in bankruptcy of Lucius W. Pond against a bank organized under the laws of the United Statesi for the conversion of ten shares of its capital stock. Trial in the Superior Court, without a jury, before Allen, J., who allowed a bill of exceptions, in substance as follows: On April 13, 1866, Pond became owner of the ten shares; and the bank issued to him a certificate on that day which contained the clause that the shares were “ transferable only on the books of the bank by the said Pond or his attorney, on the surrender of this certificate.” On April 11, 1871, Pond signed…
1Opinion of the CourtColt, J.
It was decided in Fisher v. Fssex Bank, 5 Gray, 373, that the shares in a bank whose charter provides that they shall “be transferable only at its banking-house and on its books,” cannot be effectually transferred, as against a creditor of the vendor, who attaches them without notice of any transfer, by a delivery of the certificates thereof together with an assignment and blank power of attorney from the vendor to the vendee, even if notice of such transfer be given to the bank before the attachment The express provision of the charter *282regulating the mode of transfer was declared to have the…
2Cases cited4 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Dugan v. NicholsMassachusetts Supreme Judicial Court · 1878
- Kenney v. IngallsMassachusetts Supreme Judicial Court · 1879
3Cited by18 opinions
- Lipscomb's Adm'r v. CondonWest Virginia Supreme Court · 1904
- Chase Nat. Bank of New York v. SaylesCourt of Appeals for the First Circuit · 1926
- Elwell v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1918
- Mason v. WyldeMassachusetts Supreme Judicial Court · 1941
- Nicollet National Bank v. City BankSupreme Court of Minnesota · 1887
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