Buffalo German Insurance v. Third National Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division/ of the Supreme Court in the fourth judicial department, entered May 16, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at an Equity Term. This action was brought to obtain a judgment directing the defendant to transfer upon its books to the plaintiff four hundred and fifty' shares of its capital stock.
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Appeal from a judgment of the Appellate Division/ of the Supreme Court in the fourth judicial department, entered May 16, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at an Equity Term. This action was brought to obtain a judgment directing the defendant to transfer upon its books to the plaintiff four hundred and fifty' shares of its capital stock. All of these shares stood in the name of Emanuel Levi, who had, some year's previously, pledged the same with, and delivered the certificates thereof to, the plaintiff to secure…
1Opinion of the CourtGray, J.
The decision of the question in this case turns upon provisions of the Eational Banking Act, passed by Congress in 1864, and the construction which they should receive, in the light of opinions of the Supreme Court, of the United States. The original act for the incorporation of national' banks, which was passed in 1863, contained, in section 36, the provision that the capital stock “ shall be assignable on the books of the association in such manner as its by-laws shall prescribe, but no shareholder in any association under this act shall have power to sell or transfer any share held in his…
2Cases cited8 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Casey v. CavarocSupreme Court of the United States · 1878
- Bank v. LanierSupreme Court of the United States · 1871
- Thompson v. Saint Nicholas National BankSupreme Court of the United States · 1892
- Wilson v. . LittleNew York Court of Appeals · 1849
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3Cited by9 opinions
- McCoy v. American Express Co.New York Court of Appeals · 1930
- Broderick v. AdamsonNew York Supreme Court · 1933
- Carpenter v. WilliamsCourt of Appeals of Georgia · 1930
- Bankers Trust Co. v. McCloySupreme Court of Arkansas · 1913
- Bridges v. . National Bank of TroyNew York Court of Appeals · 1906
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