Cushman v. Thayer Manufacturing Jewelry Co.
New York Court of Common Pleas
■ Appeal by the defendant from a judgment for plaintiff, entered upon a decision made by Judge Joseph F. Daly, at special term. This action was brought by Anna M. Cushman against ■ the defendants, a New York corporation, to obtain the transfer to plaintiff, upon the books of the defendant, of nineteen' thousand five hundred shares of stock by defendant upon. their books, and the issue to her of a certificate of such stock.
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■ Appeal by the defendant from a judgment for plaintiff, entered upon a decision made by Judge Joseph F. Daly, at special term. This action was brought by Anna M. Cushman against ■ the defendants, a New York corporation, to obtain the transfer to plaintiff, upon the books of the defendant, of nineteen' thousand five hundred shares of stock by defendant upon. their books, and the issue to her of a certificate of such stock. The original certificate of stock was issued to Peter B. Cushman (the plaintiff’s husband), who was one of the illcorporators of the defendant. Peter B. Cushman, on or…
1Opinion of the Court
Charles P. Daly, Chief Justice.
Various exceptions were taken by the defendant upon the trial, most of which it would be unnecessary to consider, as the defendant has not relied upon them in his points, or discussed them upon the argument of the appeal. It will be necessary, therefore, only to pass upon the questions raised b)r the defendant’s points and argued on the hearing of the appeal.
The action was an equitable one, to compel the transfer of the stock upon the books of the company, and was not one in which the plaintiff was entitled to a. trial by jury, the relief asked for being purely…
2Cases cited7 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Shipley v. Mechanics' BankNew York Supreme Court · 1813
- Bank of Attica v. . Manufacturers' and Traders' BankNew York Court of Appeals · 1859
- Pollock v. . the National BankNew York Court of Appeals · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ernst v. Elmira Municipal Improvement Co.New York Supreme Court · 1898