Underhill v. Mobile Fire Department Insurance
Supreme Court of Alabama
Bill in Equity to Declare Transfer of Stock void, and for an Account. Appeal from Mobile Chancery Court. Heard' before Hon. H. Austill. This bill was filed on the 21§£-'dayof November, 18777 against the Mobile Fire Deparenent Insurance Company and Owen McMahon, by E. MNJnderhill, appellant, as receiver of the assets of the estate^of Edward McDermott, deceased.
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Bill in Equity to Declare Transfer of Stock void, and for an Account. Appeal from Mobile Chancery Court. Heard' before Hon. H. Austill. This bill was filed on the 21§£-'dayof November, 18777 against the Mobile Fire Deparenent Insurance Company and Owen McMahon, by E. MNJnderhill, appellant, as receiver of the assets of the estate^of Edward McDermott, deceased. The bill stated that Fifward McDermott, a citizen of Mobile, died there in November, 1866, leaving an estate composed of real and personal property, and among other things fifty shares of the capital stock of the Mobile Eire Department…
1Opinion of the Court
BRICKELL, C. <J.
— The questions presented for our consideration are, whether the clemurrer to the original bill was properly sustained, and whether the court erred in the refusal of leave to amend the bill as proposed. The particular wrong of which complaint is made, and of which redress is sought, is the conversion of the shares of stock of the intestate, Edward McDermott, in the Mobile Fire Department Insurance Company. It is unimportant whether the conversion is regarded as having occurred on the 27th of April, 1876, when James McDermott had the stock transferred into his own name, and…
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