In re the Application of Speir
Appellate Division of the Supreme Court of the State of New York
. Appeal by the New York and Harlem Railroad Company from an order of’ the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of December, 1901, directing said company to issue and deliver to Gilbert M. Speir, Emily S. Arnold and Julia S. Wright, as executors, etc., of Gilbert M. Speir, deceased, a new certificate for 100 shares of the capital stock of said corporation, in the place of a…
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. Appeal by the New York and Harlem Railroad Company from an order of’ the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of December, 1901, directing said company to issue and deliver to Gilbert M. Speir, Emily S. Arnold and Julia S. Wright, as executors, etc., of Gilbert M. Speir, deceased, a new certificate for 100 shares of the capital stock of said corporation, in the place of a certificate issued to Gilbert M. Speir, deceased, which had been lost or destroyed, upon the execution by the petitioner Gilbert…
1Opinion of the Court
Ingraham, J.:
This application was made under sections SO and 51 of the Stock Corporation Law (Laws of 1892, chap. 688). Section 50 provides : “ The owner of a lost or destroyed certificate of stock, if the corporation shall refuse to issue a new certificate in place thereof, may apply to the Supreme Court, at any Special Term held in the district where he resides, or in which the principal business office of" the corporation is located, for an order requiring the corporation to show cause why it should not be required to issue a new certificate in place of the one lost or destroyed. * * *…
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