Telegraph Co. v. Davenport
Supreme Court of the United States
Appeals from tbe Circuit Court of tbe United States for tbe Southern District of Obio. These are suits in equity to compel the defendant, a corporation created under the laws of New York, to replace, in the name of the complainants, certain shares of its capital stock alleged to have belonged to them, and to have been transferred without their authority on its books to other parties; and to issue to them proper certificates for the same; and also to pay to them the dividends…
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Appeals from tbe Circuit Court of tbe United States for tbe Southern District of Obio. These are suits in equity to compel the defendant, a corporation created under the laws of New York, to replace, in the name of the complainants, certain shares of its capital stock alleged to have belonged to them, and to have been transferred without their authority on its books to other parties; and to issue to them proper certificates for the same; and also to pay to them the dividends received on the shares since such unauthorized transfer. In case the company fail to replace the stock, the…
1Opinion of the CourtJustice Field
Upon the facts stated there ought to be no question as to the right of the plaintiffs to have their shares replaced on the books of the company and proper certificates issued to them, and to recover the dividends accrued on the shares after the unauthorized transfer; or to have alternative judgments for the value of the shares and the dividends. Foi’gery can confer no power nor transfer any rights. The officers of the company are the custodians of its stock-books, and it is their duty to see that all transfers of shares are properly made, either by the stockholders themselves or persons…
2Cases cited3 opinions
- Pratt v. Taunton Copper Manufacturing Co.Massachusetts Supreme Judicial Court · 1877
- Chew v. Bank of BaltimoreCourt of Appeals of Maryland · 1859
- Pollock v. . the National BankNew York Court of Appeals · 1852
3Cited by78 opinions
- Moores v. Citizens' Nat. Bank of PiquaSupreme Court of the United States · 1884
- Moores v. National BankSupreme Court of the United States · 1882
- MacKenzie v. A. Engelhard & Sons Co.Supreme Court of the United States · 1924
- Luther v. ClaySupreme Court of Georgia · 1897
- O'Herron v. GrayMassachusetts Supreme Judicial Court · 1897
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