Brisbane v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment, so far as appealed from, entered upon a decision of the court on trial at Special Term.' (Mem. of decision below, 25 Ilun, 438.) This action was brought to compel defendant to transfer to plaintiff, on its books, ten shares of its stock, and to issue to him a certificate therefor; also to recover various…
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment, so far as appealed from, entered upon a decision of the court on trial at Special Term.' (Mem. of decision below, 25 Ilun, 438.) This action was brought to compel defendant to transfer to plaintiff, on its books, ten shares of its stock, and to issue to him a certificate therefor; also to recover various stock and cash dividends which had been declared upon said ten shares. In January, 1856, the Lackawanna and Bloomsburgh…
1Opinion of the CourtMiller, J.
The certificate for the ten shares of stock, issued by the defendant to the administrator of Samuel Benedict, deceased, was unauthorized, as no scrip was produced showing that the deceased held the stock at the time of his death. By the terms of the original certificate it was only transferable upon the production of the same, and, it not being produced, the defendant took the risk of the administrator being the owner thereof, and, as the proof showed that he was not, the defendant was properly held liable therefor. A different rule, however, prevails in reference to the dividends, and upon…
2Cited by19 opinions
- Drug, Inc. v. HuntSupreme Court of Delaware · 1933
- Ford v. SnookAppellate Division of the Supreme Court of the State of New York · 1923
- Turnbull v. Longacre BankNew York Court of Appeals · 1928
- Union & New Haven Trust Co. v. WatrousSupreme Court of Connecticut · 1929
- In re the Estate of BoothNew York Surrogate's Court · 1931
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