Scott v. Central Railroad & Banking Co. of Georgia
New York Supreme Court
THIS action was brought by the plaintiff, as assignee of Edward B. Crowell, to recover of the defendants the sum of $5440, being the aggregate amount of several dividends declared by it during the years 1861, 1862, 1863 and 1864, and remaining unpaid, on eighty-five shares of its capital stock owned by said Crowell. The complaint alleges that the plaintiff is and for several years has been a resident of the state of Hew York, to wit, of the city and county of Hew York.
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THIS action was brought by the plaintiff, as assignee of Edward B. Crowell, to recover of the defendants the sum of $5440, being the aggregate amount of several dividends declared by it during the years 1861, 1862, 1863 and 1864, and remaining unpaid, on eighty-five shares of its capital stock owned by said Crowell. The complaint alleges that the plaintiff is and for several years has been a resident of the state of Hew York, to wit, of the city and county of Hew York. That the defendants are a corporation created by and existing under the laws of the state of Georgia, and are and were at the…
1Opinion of the CourtMullin, J.
Before proceeding to consider the questions arising on this appeal, it is necessary to ascertain the points decided by the Court of Appeals in the case of Ehle v. The Chittenango Bank, (24 N. Y. Rep. 548.)
In that case the bank declared a dividend payable in New York state currency. This currency was offered to the plaintiff, but he refused it, as it was then at a discount of one fourth of one per cent, and demanded that he be ■ paid in gold and silver or its equivalent. The general term of the Supreme Court held that the plaintiff was bound to receive the dividend in the property in which it…
2Cases cited1 opinion
- Ehle v. . the Chittenango BankNew York Court of Appeals · 1862
3Cited by7 opinions
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- Terre Haute & Indianapolis Railroad v. State ex rel. KetchamIndiana Supreme Court · 1902
- Boston & Roxbury Mill Corp. v. TyndaleMassachusetts Supreme Judicial Court · 1914
- Hagar v. Union National BankSupreme Judicial Court of Maine · 1874
- Bills v. Silver King Mining Co.California Supreme Court · 1895
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