Richards v. Ackerman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ray M. Gaffney, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 5th day of May, 1916, upon the decision of the court after a trial before the court, a jury having been waived.
1Opinion of the Court
Kellogg, P. J.:
Concededly, if the defendant Gaffney was a stockholder in the Binghamton Trust Company, he is liable. It was determined in Van Tuyl v. Robin (160 App. Div. 41; affd., without opinion, 211 N. Y. 540) that a stockholder in a banking institution is (1) one who appears upon the books of the corporation as a stockholder, or (2) the owner of stock, legally or equitably, though the same may be of record in the name of another, except a person who holds stock as collateral security for the payment of a debt.
A person cannot wrongfully cause another to be recorded upon the books of a…
2Cases cited5 opinions
- Keyser v. HitzSupreme Court of the United States · 1890
- Glenn v. . GarthNew York Court of Appeals · 1892
- Van Tuyl v. RobinAppellate Division of the Supreme Court of the State of New York · 1913
- Kenyon v. FOWLERSupreme Court of the United States · 1910
- Van Tuyl v. . RobinNew York Court of Appeals · 1914
3Cited by3 opinions
- Broderick v. Betco Corp.New York Supreme Court · 1933
- Gaffney v. People's Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920
- White v. AdlerNew York Supreme Court · 1936