Fifth Avenue Bank v. Forty-Second Street & Grand Street Ferry Railroad
New York Supreme Court
Exceptions from circuit court, Hew York county. Action by the Fifth Avenue Bank of New York against the Forty-Second Street & Grand Street Ferry Railroad Company for damages because of its refusal to transfer on its books certain stock to plaintiff, or to recognize plaintiff. Defendant excepts. Plaintiff bank became possessed of the certificates of stock by taking them from Ferdinand W. Hofele as security for a loan.
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Exceptions from circuit court, Hew York county. Action by the Fifth Avenue Bank of New York against the Forty-Second Street & Grand Street Ferry Railroad Company for damages because of its refusal to transfer on its books certain stock to plaintiff, or to recognize plaintiff. Defendant excepts. Plaintiff bank became possessed of the certificates of stock by taking them from Ferdinand W. Hofele as security for a loan. Before accepting them, however, it made inquiries of Eben S. Allen, the secretary, treasurer, and transfer agent of the defendant railroad company, who pronounced the stock all…
1Opinion of the CourtLawrence, J.
A perusal of the evidence in this case satisfies us that the ruling of the justice who tried the cause at circuit was correct, and that the exceptions taken by the defendant should be overruled, and judgment directed in the plaintiff’s favor upon the verdict. The evidence shows that Allen was the secretary, treasurer, and transfer agent of the defendant, and had power to countersign, seal, and issue certificates of its capital stock upon the surrender and cancellation of a prior certificate, upon the signing of the new certificate by its president; and his act in countersigning, sealing, and…
2Cases cited3 opinions
- National Bank of Xenia v. StewartSupreme Court of the United States · 1883
- Griswold v. . HavenNew York Court of Appeals · 1862
- Thompson v. St. Nicholas National BankNew York Court of Appeals · 1889
3Cited by2 opinions
- Manhattan Life Ins. v. Forty-Second St. & Grand St. Ferry R.New York Supreme Court · 1892
- Taylor v. Empire State Savings Bank of BuffaloNew York Supreme Court · 1893