Graham v. First National Bank of Norfolk
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 8, 1880, which affirmed a judgment in favor of defendants, entered upon the report of a referee. (Reported below, 20 Hun, 325.) This action was brought by plaintiffs, as assignees of Eliza A. Graham, to recover certain dividends declared by defendant, The First National Bank of Norfolk, on shares of its stock standing in the name of said assignor.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 8, 1880, which affirmed a judgment in favor of defendants, entered upon the report of a referee. (Reported below, 20 Hun, 325.) This action was brought by plaintiffs, as assignees of Eliza A. Graham, to recover certain dividends declared by defendant, The First National Bank of Norfolk, on shares of its stock standing in the name of said assignor. The defense was payment. The following facts among others were found by the referee. Said defendant was organized under…
1Opinion of the CourtFinch, J.
The ownership of one hundred and ninety-six shares of stock, which stood upon the books of the Norfolk Bank, in the name of Eliza A. Graham, must be deemed vested in her, whether the purchase-price was paid by her or by her husband, and notwithstanding the evident control of it, for his own pur poses, by the latter. No creditors of the husband intervene to affect the question, and, as between Mrs. Graham and the bank, her right as owner must be admitted. The dividends declared during such ownership belonged to and were payable to her; and, assuming for the present that her assignment to…
2Cases cited8 opinions
- Thompson v. KetchamNew York Supreme Court · 1811
- Smith v. SmithNew York Supreme Court · 1807
- Jewell v. . WrightNew York Court of Appeals · 1864
- Sherrill v. HopkinsNew York Supreme Court · 1823
- Peck v. HibbardSupreme Court of Vermont · 1854
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3Cited by9 opinions
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- In re the Estate of BashfordNew York Surrogate's Court · 1942
- Balee v. Hidalgo County Water Improvement District No. 4Appellate Division of the Supreme Court of the State of New York · 1930
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