Legal Opinion

Hambleton v. Central Ohio Railroad

Court of Appeals of Maryland

Decided June 8, 1876PublishedCited by 14 opinions

Appeal from the Circuit Court of Baltimore City. The hill in this case was filed against both the appellants and appellees, to obtain relief under the following state of facts: Isaac M. Denson and John D. Quincy-were partners in business, under the name of Denson & Quincy. Denson, individually, was the owner of one hundred shares of the stock of the Central Ohio Railroad Company, as re-organized, for which he held three certificates.

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Appeal from the Circuit Court of Baltimore City. The hill in this case was filed against both the appellants and appellees, to obtain relief under the following state of facts: Isaac M. Denson and John D. Quincy-were partners in business, under the name of Denson & Quincy. Denson, individually, was the owner of one hundred shares of the stock of the Central Ohio Railroad Company, as re-organized, for which he held three certificates. Quincy got possession of the certificates, and without the authority or knowledge of Denson, forged the signature of the latter to powers of transfer endorsed…

1Opinion of the CourtBartol, C. J.

It being conceded that the stock belonging to Denson, had been transferred without his knowledge or consent, by means of the forgery of his name upon the powers of attorney, it is clear that his title was not divested thereby, and therefore the decree of the Circuit Court was right in so far as it required the Railroad Co. to issue and deliver to the complainant new certificates of stock Of the same dates and amounts as those held by Denson, and to pay over the dividends which had accrued thereon. Hildyard vs. South Sea Co., et al., 2 Peere Wms., 76 ; Brown, Lancaster & Co. vs. Howard F. Ins.…

2Cases cited2 opinions

  1. Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
  2. Brown, Lancaster & Co. v. Howard Fire InsuranceCourt of Appeals of Maryland · 1875

3Cited by14 opinions

  1. Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
  2. Boston & Albany Railroad v. RichardsonMassachusetts Supreme Judicial Court · 1883
  3. Smith v. RailroadTennessee Supreme Court · 1892
  4. Jennie Clarkson Home for Children v. Missouri, Kansas & Texas Railway Co.New York Court of Appeals · 1905
  5. Eareckson v. RogersCourt of Appeals of Maryland · 1910

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