Purchase v. New York Exchange Bank
The Superior Court of New York City
This action was brought to recover damages for a refusal on the part of the defendant to transfer shares of its capital stock on its books to the name of the plaintiff. The action was tried before Ohief Justice Bosworth and a Jury, on the 26th and 27th days of June, 1862. The plaintiff claimed title to the stock in question, under a sale by a Receiver appointed in supplementary proceedings against one Wheaton, the former owner of and original subscriber for the stock.
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This action was brought to recover damages for a refusal on the part of the defendant to transfer shares of its capital stock on its books to the name of the plaintiff. The action was tried before Ohief Justice Bosworth and a Jury, on the 26th and 27th days of June, 1862. The plaintiff claimed title to the stock in question, under a sale by a Receiver appointed in supplementary proceedings against one Wheaton, the former owner of and original subscriber for the stock. The evidence was conflicting, and at the close of the trial, as stated in the printed case presented to the Court on this…
1Opinion of the Court
By the Court—Robertson, J.
Ho judgment appears to have been entered, or appeal taken, in this case. It comes before xxs upon a direction alleged to have been made on the trial, that the verdict taken be sxxbject to the opinion of the Court at General Term.
The testimony of the plaintiff, and of the president of the defendants, is in direct conflict as to the fact of notice by the former, of his rights, to the latter, which may be essential to the good faith of the permission by the latter allowing a transfer to a purchaser from a Beceiver. There were also exceptions, in the cause, to evidence.
A…
2Cases cited2 opinions
- Sackett v. SpencerNew York Supreme Court · 1859
- Brower v. OrserThe Superior Court of New York City · 1858
3Cited by3 opinions
- Mason v. BreslinThe Superior Court of New York City · 1870
- Mechanics' Banking Ass'n v. Mariposa Co.The Superior Court of New York City · 1865
- Stevens v. . HauserNew York Court of Appeals · 1868