Mechanics' Banking Ass'n v. Mariposa Co.
The Superior Court of New York City
This action was brought to recover damages for a refusal by the defendant to allow a transfer to the plaintiff, upon the defendant’s books, of 473 shares of the capital stock of the defendant, a mining corporation incorporated under the general act. The stock stood in the name of John H. McDowell, as his property, and a certificate to that effect had been issued by the company to, and was held by him.
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This action was brought to recover damages for a refusal by the defendant to allow a transfer to the plaintiff, upon the defendant’s books, of 473 shares of the capital stock of the defendant, a mining corporation incorporated under the general act. The stock stood in the name of John H. McDowell, as his property, and a certificate to that effect had been issued by the company to, and was held by him. The stock was transferable only in person or by attorney on the books of the company at their office, and only upon the surrender of the original certificate. In June, 1864, a transfer was…
1Dissent
Monell, J. (dissenting.)
It does not appear upon which, of the three objections the learned justice dismissed the complaint ; but if any one of them is sufficient, the nonsuit cannot be set aside. The evidence established that the plaintiffs were the owners of the certificate in question, and were entitled to a transfer of the stock. The Jaudons and Dibblee & Cambios, the transferees named in the assignment and power of attorney, had transferred all their interest in the stock to the plaintiffs, and were present and consented, both orally and in writing, to the transfer to the plaintiffs. The…
2Cases cited2 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Purchase v. New York Exchange BankThe Superior Court of New York City · 1863