White v. Adler

The defendant Louis Saks moves under subdivision 5 of rule 107 of the Rules of Civil Practice to dismiss the complaint.

On December 10, 1930, the day prior to the closing of the Bank of United States, the moving defendant, who was the owner of 200 shares of its stock, presented a certificate representing 100 of these shares at a branch office for transfer upon the stock ledger out of his name and into the name of one Lois S. Johnston. Although the transfer was not actually consummated until after the Superintendent of Banks took possession, the officials of the bank, pursuant to their regular…