Commercial Bank v. Kortright
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Kortright brought an action of assumpsit against the Commercial Bank of Buffalo, for the refusal of the bank to permit a transfer to be made upon its books of 100 shares of stock, standing there in the name of Pierre A. Barker.
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Error from the supreme court. Kortright brought an action of assumpsit against the Commercial Bank of Buffalo, for the refusal of the bank to permit a transfer to be made upon its books of 100 shares of stock, standing there in the name of Pierre A. Barker. On the first of October, 1834, Barker being the holder of a certificate of stock, signed by the cashier of the Commercial Bank of Buffalo, stating that he was entitled to 100 shares, of the value of $100 each, in the capital stock of that bank, transferable only on the books of the bank by Barker, or his attorney, on surrender of the…
1Opinion of the Court
After advisement, the following opinions were delivered :
By the Chancellor.
The first objection to the right of the plaintiff below to recover against the bank is, that there was not a sufficient demand of the right to transfer the shares on the books of the bank. This objection is as to a mere matter of from, and clearly is not well taken. Although Barker, as the owner of shares standing in his name on the books of the company, but which he had made an equitable hypothecation of to secure the payment of the note to Bartow had a personal interest to protect, he was still the president of the…
2Cases cited4 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- Knapp v. MaltbyNew York Supreme Court · 1835
- HighMichigan Supreme Court · 1847
3Cited by114 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Baker v. . DrakeNew York Court of Appeals · 1873
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Wilson v. . LittleNew York Court of Appeals · 1849
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