Bleakley v. . Candler
Supreme Court of North Carolina
Appeal by intervenor from Lyon, J., at November Term, 1914, of Foestth. Action instituted against the defendant Candler to recover the sum of $300 due by note and to enforce an attachment levied upon five shares of stock in the Gilmer Bros. Company, a corporation of North Carolina. The Commonwealth Bank intervened, claiming that it was the owner of said stock.
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Appeal by intervenor from Lyon, J., at November Term, 1914, of Foestth. Action instituted against the defendant Candler to recover the sum of $300 due by note and to enforce an attachment levied upon five shares of stock in the Gilmer Bros. Company, a corporation of North Carolina. The Commonwealth Bank intervened, claiming that it was the owner of said stock. The parties agreed upon the following facts: 1. That Charles W. Bleakley is a resident of the State of Virginia, and at the time of the institution of this suit the defendant R. L. Candler was a resident of the State of Maryland, but…
1Opinion of the CourtAlleN, J.
Tbe authorities are in conflict as to the rights of the holder of a certificate of stock deposited as a security for a loan, which has not been transferred on the books of a corporation, as against an attaching creditor, under statutes similar to our own (Rev., sec. 1168), which provides : “The shares of stock in every corporation shall be personal property, and shall be transferable on the books of the corporation in such manner and under such regulations as the by-laws provide; and whenever any transfer of shares shall be made for collateral security, and not absolutely, it shall be so…
2Cases cited16 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Lipscomb's Adm'r v. CondonWest Virginia Supreme Court · 1904
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Havens v. Bank of TarboroSupreme Court of North Carolina · 1903
- Nat. Bank Etc. v. Western Pac. Ry. Co.California Supreme Court · 1910
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3Cited by7 opinions
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- Grissom v. SternbergerCourt of Appeals for the Fourth Circuit · 1926
- Copeland v. CraigSupreme Court of South Carolina · 1940
- Security Commercial v. Imperial Water Co. No. 1California Supreme Court · 1920
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