Legal Opinion

Hilton v. Sylvania & Girard Railroad

Court of Appeals of Georgia

Decided July 5, 1910No. 2131PublishedCited by 7 opinions

Action for damages; from city court of Sylvania — Judge Boykin. August 18, 1909. Hilton brought suit for damages against the Sylvania & Girard Railroad Company, alleging, in substance, that on July 5, 1906, he was the owner of five shares of capital stock of the defendant company, and was the holder of the stock certificate representing these shares; that this certificate had been originally issued to one Enneis, from whom he bought the stock, and who delivered the…

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Action for damages; from city court of Sylvania — Judge Boykin. August 18, 1909. Hilton brought suit for damages against the Sylvania & Girard Railroad Company, alleging, in substance, that on July 5, 1906, he was the owner of five shares of capital stock of the defendant company, and was the holder of the stock certificate representing these shares; that this certificate had been originally issued to one Enneis, from whom he bought the stock, and who delivered the certificate to him; that 'on said date the plaintiff had an offer from a third person for the purchase of four of these shares;…

1Opinion of the CourtHill, C. J.

(After stating the foregoing facts.)

■1. In our opinion, under the evidence and the law applicable thereto, the plaintiff was entitled to a verdict for $1,000. He was the owner of the five shares of stock bought by him from Enneis. His title to this stock had been settled by the adjudication of the Supreme Court in the ease of Morel v. Hoge, supra. He had a bona fide offer of $2,500 for four shares of this stock. This offer was clearly shown, and it failed of consummation solely because of the refusal of the president of the company to make the proper transfer upon the books of the…

2Cases cited4 opinions

  1. Myers v. StateSupreme Court of Georgia · 1895
  2. Bank of Culloden v. Bank of ForsythSupreme Court of Georgia · 1904
  3. Thornton v. MartinSupreme Court of Georgia · 1902
  4. Stiles v. SheddenCourt of Appeals of Georgia · 1907

3Cited by7 opinions

  1. English v. PooleCourt of Appeals of Georgia · 1924
  2. John Hancock Mutual Life Insurance v. DavisCourt of Appeals of Georgia · 1934
  3. Floyd Construction Co. v. StanleyCourt of Appeals of Georgia · 1960
  4. Middleton v. StateCourt of Appeals of Georgia · 1923
  5. Townsend v. Tattnall BankCourt of Appeals of Georgia · 1946

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