Legal Opinion

Hotchkiss & Upson Co. v. Union Nat. Bank

Court of Appeals for the Sixth Circuit

Decided May 20, 1895No. 229PublishedCited by 5 opinions

Appeal írom tbe Circuit Court of tbe United States for tbe Northern District of Obio.' This is a suit in equity, brought by the appellee, the Union National Bank, of Cleveland, Ohio, against the appellant, the Hotchkiss & Upson Company, a corporation organized under the laws of Connecticut.

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Appeal írom tbe Circuit Court of tbe United States for tbe Northern District of Obio.' This is a suit in equity, brought by the appellee, the Union National Bank, of Cleveland, Ohio, against the appellant, the Hotchkiss & Upson Company, a corporation organized under the laws of Connecticut. The object of the bill is to enforce a lien upon 2G0 shares of stock of the defendant below, acquired by it in pledge upon certain transactions with Charles A. Hotchkiss, president of that company. Those transactions were as follows: On November 13,1885, Hotchkiss borrowed of the complainant $5,000, for…

1Opinion of the Court 1

Having- stated the case as above,

2Opinion of the Court · SeverensSeverens, District Judge

The appellant contends, in the first place, that there was neither any transfer of the shares of the company upon its books upon the occasion of their being pledged by Hotchkiss to the bank in payment of his loan for.$15,000, which is admitted- nor any written notice filed in any proper office of the company of the assignment of the stock, nor any copy of the power of attorney for its transfer, which is also admitted; and that actual notice of such assignment was ineffectual to bind the company. This last contention presents the question to be decided, and it…

3Cases cited8 opinions

  1. Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
  2. Hammond v. HastingsSupreme Court of the United States · 1890
  3. Hamilton v. NuttSupreme Court of Connecticut · 1868
  4. Platt v. Birmingham Axle Co.Supreme Court of Connecticut · 1874
  5. First National Bank v. Hartford Life & Annuity InsuranceSupreme Court of Connecticut · 1877

3 more not listed; retrieve them via the Exa API.

4Cited by5 opinions

  1. Louisville Trust Co. v. Louisville, N. A. & C. R. Co.Court of Appeals for the Sixth Circuit · 1896
  2. Ardmore State Bank v. MasonSupreme Court of Oklahoma · 1911
  3. Just v. State Savings BankMichigan Supreme Court · 1903
  4. Jewell v. NuhnSupreme Court of Iowa · 1915
  5. National City Bank of Chicago v. Kalamazoo City Sav. BankCourt of Appeals for the Sixth Circuit · 1916

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