Legal Opinion

Robinson v. . National Bank of New Berne

New York Court of Appeals

Decided April 29, 1884PublishedCited by 20 opinions

Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 14, 1883, which affirmed .a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought against defendant, a corporation organized under the Rational Banking Act, to recover certain dividends alleged to have been declared and unpaid upon sixty-one shares of its stock owned by plaintiff.

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Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 14, 1883, which affirmed .a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought against defendant, a corporation organized under the Rational Banking Act, to recover certain dividends alleged to have been declared and unpaid upon sixty-one shares of its stock owned by plaintiff. Plaintiff claimed as assignee of said stock. The National Banking Act provides (U. S. R. S., § 5193), that the capital stock of a corporation…

1Opinion of the CourtFinch, J.

The question here respects the plaintiff’s right to recover dividends declared upon sixty-one shares of the capital stock of the Bank of New Berne. These shares became the property of one Satterlee, who owned fifty of them in January, 1867, and the remaining eleven in Hay, 1869, all of which stood in his name upon the stock ledger of the bank, whose certificates he held as owner. Previous to July, 1869, Satterlee, for a good and valuable consideration, by an instrument in writing, sold and assigned these shares to Anthony S. Hope and transferred to him the certificates. At the date last…

2Cases cited2 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881

3Cited by20 opinions

  1. Travis v. . Knox Terpezone Co.New York Court of Appeals · 1915
  2. Redhead v. Iowa National BankSupreme Court of Iowa · 1905
  3. Lund v. Wheaton Roller Mill Co.Supreme Court of Minnesota · 1892
  4. Steindler v. Virginia Public Service Co.Supreme Court of Virginia · 1934
  5. Bank of Commerce v. Bank of NewportCourt of Appeals for the Eighth Circuit · 1894

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