Legal Opinion

Gaty v. Holliday

Missouri Court of Appeals

Decided December 2, 1879PublishedCited by 12 opinions

Appeal from the St. Louis Circuit Court. The pledgeor was the owner of the stock, and as such was entitled to the dividends. — Dow v. Gould, etc., Qo., 31 Cal. 649 ; March v. Railroad Go., 43 N. H. 520. The money not having been paid by the corporation to the defendant for the plaintiff, there is no privity between the plaintiff and defendant, and the plaintiff cannot maintain the action. 1 Wheat. Selw.

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Appeal from the St. Louis Circuit Court. The pledgeor was the owner of the stock, and as such was entitled to the dividends. — Dow v. Gould, etc., Qo., 31 Cal. 649 ; March v. Railroad Go., 43 N. H. 520. The money not having been paid by the corporation to the defendant for the plaintiff, there is no privity between the plaintiff and defendant, and the plaintiff cannot maintain the action. 1 Wheat. Selw. Nisi Prius (2d Am. ed.), 104, 105. Williams v. Everett, 14 East, 582; WedlaJee v. Hurley, 1 Cromp. & J. 83; Yea tes v. Bell, 3 Barn. & Adol. 643; Whitehead v. Pede, 1 Kelly (Ga.), 140. The…

1Opinion of the CourtBakewell, J.

Gaty was the pledgee of two hundred and ninety shares of stock of a business corporation, which stock had been delivered to him by defendant’s intestate as collateral security for a loan. On the death of McCune, defendant came into possession of the certificates of stock. Plaintiff recovered judgment against defendant for possession of the stock, to *119hold as collateral; upon which, defendant surrendered the certificates to plaintiff, upon an agreement, then entered into between the parties, that plaintiff would not sell until two years had elapsed, and not without notice. Plaintiff in due time…

2Cases cited2 opinions

  1. Merchants' National Bank v. RichardsMissouri Court of Appeals · 1879
  2. Hill v. Newichawanick Co.New York Supreme Court · 1874

3Cited by12 opinions

  1. National Bank of Commerce v. Equitable Trust Co.Court of Appeals for the Eighth Circuit · 1915
  2. Ball v. Peper Cotton Press Co.Missouri Court of Appeals · 1909
  3. Busch v. CommissionerCourt of Appeals for the Eighth Circuit · 1945
  4. Whetsel v. ForgeySupreme Court of Missouri · 1929
  5. Mandel v. North Hudson Investment Co.Supreme Court of New Jersey · 1933

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