Lockwood v. United States Steel Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United States Steel Corporation, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of April, 1912, upon the decision of the court, rendered after a trial at the blew York Special Term, overruling the defendant’s demurrer to the complaint upon, the ground that it failed to state facts sufficient to constitute a cause of action..
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Appeal by the defendant, the United States Steel Corporation, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of April, 1912, upon the decision of the court, rendered after a trial at the blew York Special Term, overruling the defendant’s demurrer to the complaint upon, the ground that it failed to state facts sufficient to constitute a cause of action.. The facts, admitted by the demurrer, are thus stated in the complaint: The defendant is a foreign corporation, duly organized and…
1Opinion of the Court
Scott, J.:
The sole question raised by the appellant is whether or not under the circumstances above detailed the defendant is under an. obligation to transfer the stock in question on its books. If the refusal to transfer was wrongful an action for damages is an appropriate remedy (Kortright v. Buffalo Commercial Bank, 20 Wend. 91), and the plaintiff, as transferrer of the stock, is entitled to maintain the action, for it is as much the right and duty of the transferrer of shares of stock to procure the proper transfer to be made upon the books, of the corporation, as it is of the transferee.…
2Cases cited7 opinions
- Webster v. UptonSupreme Court of the United States · 1876
- Jermain v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1883
- Kortright v. Buffalo Commercial BankNew York Supreme Court · 1838
- Hopper v. . HopperNew York Court of Appeals · 1891
- People Ex Rel. Gould v. . BarkerNew York Court of Appeals · 1896
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- Lecouturier v. IckelheimerDistrict Court, S.D. New York · 1913
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