Legal Opinion

Dunn v. Commercial Bank

New York Supreme Court

Decided February 9, 1852PublishedCited by 4 opinions

This was an action of assumpsit, tried before the late Hon. Seth B. Sill, at the Brie circuit, in September, 1850. The declaration was for refusing to transfer, or permit the transfer, of certain shares of the defendant’s stock to the plaintiff, on its books. The defendant pleaded the general issue. The certificates of stock were in the following form : “Ho 314. Commercial Bank of Buffalo.

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This was an action of assumpsit, tried before the late Hon. Seth B. Sill, at the Brie circuit, in September, 1850. The declaration was for refusing to transfer, or permit the transfer, of certain shares of the defendant’s stock to the plaintiff, on its books. The defendant pleaded the general issue. The certificates of stock were in the following form : “Ho 314. Commercial Bank of Buffalo. It is hereby certified that John Cleveland Greene, is entitled to one hundred shares of one hundred dollars each in the capital stock of the Commercial Bank of Buffalo, transferable only on the books of the…

1Opinion of the Court

By the Court,

Taggart, P. J.

In the case of the Commercial Bank of Buffalo v. Kortright, (22 Wend. 348,) the stock, together with a note of §10,000, was placed in the hands of Barton, with the name of the stockholder indorsed on the back of the certificate, and a seal attached thereto, with express authority to Barton to obtain a loan upon the stock for the sum of §10,000. Barton negotiated the stock by delivery to Kortright, and obtained a loan of §25,000. Kortright gave a receipt for the stock, promising to return it on payment of the §25,000 with interest, on demand, after thirty days from…

2Cases cited2 opinions

  1. Leonard v. VredenburghNew York Supreme Court · 1811
  2. Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839

3Cited by4 opinions

  1. Burrall v. . Bushwick Railroad CompanyNew York Court of Appeals · 1878
  2. Combs v. HodgeSupreme Court of the United States · 1859
  3. Barse v. MortonNew York Supreme Court · 1887
  4. Purchase v. New York Exchange BankThe Superior Court of New York City · 1865

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