Stackpole v. Seymour
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus to compel the president and treasurer of a railroad corporation to transfer to the petitioners, on the books of the corporation, certain shares of its capital stock, which it was alleged they had purchased at a sale by the corporation for the non-payment of an assessment thereon, under the St. of 1874, o. 372, § 45, and to issue to them a certificate thereof.
Read the full summary
Petition for a writ of mandamus to compel the president and treasurer of a railroad corporation to transfer to the petitioners, on the books of the corporation, certain shares of its capital stock, which it was alleged they had purchased at a sale by the corporation for the non-payment of an assessment thereon, under the St. of 1874, o. 372, § 45, and to issue to them a certificate thereof. Hearing before Lord, J., who reserved the case for the determination of the full court.
1Opinion of the CourtGray, C. J.
Independently of the objection that the corporation has not been made a party to the proceeding, nor had any notice thereof, this is not a proper case for granting a writ of mandamus. No public interest or corporate right is in question. If the petitioners have suffered any private injury by an illegal refusal to record the transfer and issue to them a certificate of the shares which they have purchased, they have an adequate and complete remedy by action for damages. Murray v. Stevens, 110 Mass. 95, and cases there cited.
In American Railway-Frog Co. v. Haven, 101 Mass. 398, the application,…
2Cases cited2 opinions
- American Railway-Frog Co. v. HavenMassachusetts Supreme Judicial Court · 1869
- Murray v. StevensMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Longyear v. HardmanMassachusetts Supreme Judicial Court · 1914
- Selectmen of Gardner v. Templeton Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- State ex rel. Lyons v. Bank of ConceptionMissouri Court of Appeals · 1913
- Second National Bank v. First National BankNorth Dakota Supreme Court · 1898
- Dennett v. Acme Manufacturing Co.Supreme Judicial Court of Maine · 1910
3 more not listed; retrieve them via the Exa API.