Kortright v. Buffalo Commercial Bank
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in November, 1836, before the Hon. Ogden Edwards, one of the circuit judges. The action was brought for the refusal of the bank to permit a transfer to be made upon its books of 100 shares of stock, standing there in the name of Pierre A. Barker.
Read the full summary
This was an action of assumpsit, tried at the New-York circuit in November, 1836, before the Hon. Ogden Edwards, one of the circuit judges. The action was brought for the refusal of the bank to permit a transfer to be made upon its books of 100 shares of stock, standing there in the name of Pierre A. Barker. On the first of October, 1834, Barker being the holder of a certificate of stock, signed by the cashier of the Commercial Bank of Buffalo, stating that he was entitled to 100 shares, of the value of §100 each, in the capital stock of that bank, transferable only on the books of the bank…
1Opinion of the Court
By the Court, Nelson, C. J.
The whole defence in this case may be said to rest upon a denial of the title of the plaintiff to the certificate of stock, together with an objection to the form of thé remedy, and the measure of damages submitted by the judge to the jury.
It is contended, that the assignment on the back of the certificate of stock, from Barker to the plaintiff, and the power of attorney to Sherwood, were made without proper authority, and therefore, the demand upon the bank to enter the transfer on the books, was nugatory. The case presents a complete answer to this view. It…
2Cited by40 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Baker v. . DrakeNew York Court of Appeals · 1873
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Travis v. . Knox Terpezone Co.New York Court of Appeals · 1915
35 more not listed; retrieve them via the Exa API.