Kimball v. Success Mining Co.
Utah Supreme Court
Appeal from District Court, Third District. — Hon. O. W. Morse, Judge. Action by M. Kimball against the Success Mining Company and others. Judgment dismissing complaint. Plaintiff appeals. APPELLANT'S POINTS.
Read the full summary
Appeal from District Court, Third District. — Hon. O. W. Morse, Judge. Action by M. Kimball against the Success Mining Company and others. Judgment dismissing complaint. Plaintiff appeals. APPELLANT'S POINTS. It is the duty of every corporation to use reasonable diligence in each case to ascertain whether or not a transfer of stock requested is duly authorized by the former owner, to make transfers so1 authorized, and to prevent those unauthorized; and for every breach of this duty it is liable to the injured party for the damage it inflicts. (Geyser-Morion Gold Min. Go. v. Stark, 106 Fed.…
1ConcurrenceTrick, J.
I concur with the conclusions reached by Mr. Justice McCarty. I must confess, however, that I arrived at the conclusion that appellant cannot recover against the defendant J esse Knight after some hesitation,- and for that reason desire to add something to what has been well said by my Brother.
After mature reflection and a thorough examination of the authorities, I am forced to the conclusion that, in view of the facts and circumstances of this case, appellant never had a cause of action against the defendant Jesse Knight either in law or in equity. As appears from the undisputed facts, the…
2Cases cited6 opinions
- Bank v. LanierSupreme Court of the United States · 1871
- Machinists' National Bank v. FieldMassachusetts Supreme Judicial Court · 1879
- Mitchell v. Vermont Copper Mining Co.New York Court of Appeals · 1876
- Kinnan v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.New York Court of Appeals · 1893
- Kinnan v. The Forty-Second Street Railway Co.The Superior Court of New York City · 1893
1 more not listed; retrieve them via the Exa API.