Heide v. Capital Securities Co.
Supreme Court of Alabama
Appeal froni City Court of Birmingham; H. A. Sharpe, Judge. Action by S. S. I-Ieide against the Capital Securities Company. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449. Judgment for defendant, and plaintiff appeals. ' Appellant, plaintiff in the court below, brought this suit against the appellee to recover $500, which he had paid to the defendant by way of purchase of 5 shares of preferred stock of the par value of $100 in said company.
Read the full summary
Appeal froni City Court of Birmingham; H. A. Sharpe, Judge. Action by S. S. I-Ieide against the Capital Securities Company. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449. Judgment for defendant, and plaintiff appeals. ' Appellant, plaintiff in the court below, brought this suit against the appellee to recover $500, which he had paid to the defendant by way of purchase of 5 shares of preferred stock of the par value of $100 in said company. The cause was tried upon an agreed statement of facts. The first six counts were the common counts for money had and received,…
1Opinion of the CourtGardner, J.
The Averyt Drug Company was organized as a domestic corporation with an authorized capital stock of $2,000, $1,000 of which was paid in cash. Subsequently the name of the corporation was changed to the Capital Securities Company, appellee here,, and as each name refers to the same corporation, no distinction need be made in the dis« cussion here, but the corporation will be referred to as the defendant.
Immediately after the incorporation of defendant, that is, on the same day of its incorporation, at a special meeting of the board of directors, which on the following day was ratified at a…
2Cases cited19 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Scovill v. ThayerSupreme Court of the United States · 1882
- Chubb v. UptonSupreme Court of the United States · 1877
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Pullman v. UptonSupreme Court of the United States · 1878
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Triplex Shoe Co. v. Rice & Hutchins, Inc.Supreme Court of Delaware · 1930
- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
- Tuscaloosa Lumber Co. v. Tropical Paint & Oil Co.Supreme Court of Alabama · 1924
- Randle v. WalkerAlabama Court of Appeals · 1919
- Southern Building & Loan Ass'n v. BarteeAlabama Court of Appeals · 1931
2 more not listed; retrieve them via the Exa API.