Gilmer v. Morris
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 7th July, 1884, by James N. Gilmer, against Josiah Morris and the firm of j.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 7th July, 1884, by James N. Gilmer, against Josiah Morris and the firm of j. Morris & Co., hut afterwards amended so as to proceed against said Morris alone; and sought an account and redemption of sixty shares of stock in the Elyton Land Company, a private corporation, alleged to have been pledged and transferred by complainant to said Morris, on the 30th March, 1875 (as alleged in the original bill; in December, 1871, as alleged in the amended bill), as collateral…
1Opinion of the CourtSomerville, J.
The view of this bill most favorable to complainant is that of one filed for the purpose of redeeming certain shares of corporate stock alleged to have been deposited with the defendant by way of pledge or collateral security; or, more accurately speaking, to hold the defendant liable for the appreciated value of the stock, upon the ground that he had sold it without authority and without any notice to the complainant, who claims to be the owner and the pledgor. It is very questionable, however, whether the allegations of the bill will bear this construction, if subjected to proper criticism,…
2Cases cited25 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Casey v. CavarocSupreme Court of the United States · 1878
- James v. JamesSupreme Court of Alabama · 1876
- Garrett v. GarrettSupreme Court of Alabama · 1881
- Gordon's Adm'r v. RossSupreme Court of Alabama · 1879
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3Cited by35 opinions
- Page v. WrightCourt of Appeals for the Seventh Circuit · 1940
- Haney v. LeggSupreme Court of Alabama · 1900
- Crowson v. CodySupreme Court of Alabama · 1926
- First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
- Campbell v. Woodstock Iron Co.Supreme Court of Alabama · 1887
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