Barstow v. City Trust Co.
Massachusetts Supreme Judicial Court
Tort or contract, with a declaration in two counts, the first count alleging that the defendant was the transfer agent of the Greene-Cananea Copper Company, that the plaintiff delivered to the defendant certificate No. A 4708, representing one hundred shares of the capital stock of that corporation, for the transfer of the stock to him, that by receiving the certificate the defendant agreed to return it or a new certificate in its place, and that it had refused to do so.
Read the full summary
Tort or contract, with a declaration in two counts, the first count alleging that the defendant was the transfer agent of the Greene-Cananea Copper Company, that the plaintiff delivered to the defendant certificate No. A 4708, representing one hundred shares of the capital stock of that corporation, for the transfer of the stock to him, that by receiving the certificate the defendant agreed to return it or a new certificate in its place, and that it had refused to do so. The second count was in tort for the conversion of the certificate. Writ dated June 7, 1911. In the Superior Court the case…
1Opinion of the CourtBraley, J.
A certificate of stock issued by a corporation with a form of assignment and power of attorney to make the necessary transfer printed on the back, which has been signed in blank by the owner, is not at common law a negotiable instrument, title to which passes by delivery. If obtained feloniously from the true owner, his title ordinarily is not divested upon sale by the thief to a purchaser for value, without notice of the theft. Scollans v. Rollins, 173 Mass. 275, 278. The case at bar upon the agreed facts falls within this familiar rule. The original owner of the stock in question, one…
2Cases cited6 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Russell v. American Bell Telephone Co.Massachusetts Supreme Judicial Court · 1902
- Baker v. DavieMassachusetts Supreme Judicial Court · 1912
- O'Herron v. GrayMassachusetts Supreme Judicial Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Stuart v. SargentMassachusetts Supreme Judicial Court · 1933
- Edgerly v. First National BankMassachusetts Supreme Judicial Court · 1935
- Boston Safe Deposit & Trust Co. v. AdamsMassachusetts Supreme Judicial Court · 1916
- Palmer v. O'Bannon Corp.Massachusetts Supreme Judicial Court · 1925
- Loring v. GoodhueMassachusetts Supreme Judicial Court · 1927
8 more not listed; retrieve them via the Exa API.