Doty v. First National Bank
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Action by Edmund S. Doty against the First National Bank of Larimore, to recover damages for the refusal of defendant to transfer certain shares of stock on its books. Judgment for defendant. Plaintiff appeals. If plaintiff had'a right to insist on the transfer, defendant is liable in damages for refusing to make the transfer. The damages are the value of the stock with interest.
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Appeal from District Court, Grand Forks County; Templeton, J. Action by Edmund S. Doty against the First National Bank of Larimore, to recover damages for the refusal of defendant to transfer certain shares of stock on its books. Judgment for defendant. Plaintiff appeals. If plaintiff had'a right to insist on the transfer, defendant is liable in damages for refusing to make the transfer. The damages are the value of the stock with interest. Boone on Corp. § 122, Note 13. Bond v. Mt. Hope Iron Co., 99 Mass. 505; Bank of America v. McNeil, 10 Bush. (Ky.) 54; Sarge?it v. Franklin Ins. Co., 8…
1Opinion of the CourtBartholomew, J.
This case was tried by the court, and the facts are undisputed. On and prior to November 6th, 1886, one C. C. Wolcott was the absolute owner of 220 shares of stock of the respondent bank, and held certificates for the same. On the 6th and 20th days of November, 1886, said Wolcott in writing assigned said certificates to A. J. Bowne, president of respondent bank, and delivered the same to him as collateral security for the ■amounts which Wolcott was owing the respondent bank and the Hastings National Bank, of Hastings, Mich. These amounts aggregated $23,000, and no portion of such indebtedness…
2Cases cited9 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- Bank v. LanierSupreme Court of the United States · 1871
- Johnston v. LaflinSupreme Court of the United States · 1881
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3Cited by3 opinions
- Second National Bank v. First National BankNorth Dakota Supreme Court · 1898
- Pedersen v. BrantnerMissouri Court of Appeals · 1973
- Bateman v. GitsNew Mexico Supreme Court · 1911