Houston & Texas Central Railway Co. v. Van Alstyne
Texas Supreme Court
Appeal from Harris. Tried below before ,the Hon. James Masterson. Appellee instituted this shit in September, 1819, to recover of defendant forty shares of its capital stock or their value in money.
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Appeal from Harris. Tried below before ,the Hon. James Masterson. Appellee instituted this shit in September, 1819, to recover of defendant forty shares of its capital stock or their value in money. It was agreed that prior to 1861 defendant had issued a certificate for five shares of stock to one L. L. Bartlett, and that the plaintiff claimed through an assignment of that stock in 1866 to her testator by Bartlett, and she alleged, and it was admitted as true, that afterwards, in 1866, her testator presented the assignment to defendant’s board of directors, and that they issued to him, as…
1Opinion of the Court
Walker, P. J. Com. App.—
The character of this suit is to enforce specific performance of a contract- made under a mistake of fact as to the essential elements and considerations which éntered into it. The proper determination of the issues between the parties rests upon the inquiry whether the transaction between Van Alstyne and the proper officers, representing the defendant, which resulted in issuing to him, as the assignee of Bartlett, a certificate of five shares of stock, was in law or equity one which constituted him a bona fide stockholder; one entitled to receive dividends with other…
2Cases cited2 opinions
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Daniel v. MitchellU.S. Circuit Court for the District of Maine · 1840
3Cited by5 opinions
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- Cole v. KjellbergCourt of Appeals of Texas · 1911
- Waters v. EastCourt of Appeals of Texas · 1900
- McAlister v. Eclipse Oil Co.Court of Appeals of Texas · 1936
- Lutcher v. United StatesCourt of Appeals for the Fifth Circuit · 1896