Timberlake v. Shippers' Compress Co.
Mississippi Supreme Court
From the circuit court of Clay county. HoN. C. H. Campbell, Judge. Action by appellant against the Shippers’ Compress Company to recover a dividend on fifty shares of the capital stock of said company. The certificate of shares was numbered 23, and was issued to appellant, W. P. Timberlake, in 1887. In 1888 he assigned the same to T. C. King, by writing his name on the back of the certificate.
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From the circuit court of Clay county. HoN. C. H. Campbell, Judge. Action by appellant against the Shippers’ Compress Company to recover a dividend on fifty shares of the capital stock of said company. The certificate of shares was numbered 23, and was issued to appellant, W. P. Timberlake, in 1887. In 1888 he assigned the same to T. C. King, by writing his name on the back of the certificate. In 1889 King, being indebted to Timberlake, gave him a note for the sum of $3,000, to which he attached the certificate as collateral security, signing his name to the blank transfer on the back of the…
1Opinion of the CourtWhitfield, J.
Timberlake testifies that he made a demand upon Mr. Knox in the spring of 1891 for the dividend upon this stock, Knox being the superintendent and manager of the compress company at that time. King confirms this, so far as notice to the company is concerned, by saying he told Mr. Woodward, an officer of the compress company, that he had sold the stock to Timber-lake soon after he sold it,” which he says was in May, 1891. The jury might well have found, on this testimony, that the compress company was duly notified in May, 1891, of the sale of the stock certificate back to Timberlake by King,…
2Cases cited3 opinions
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- Schumpert v. Dillard, Pinson & Co.Mississippi Supreme Court · 1877
- Goyer Cold Storage Co. v. WildbergerMississippi Supreme Court · 1893
3Cited by4 opinions
- MacEachron v. Trustees of Iowa CollegeSupreme Court of Iowa · 1920
- Scherck v. MontgomeryMississippi Supreme Court · 1902
- Swift Co., Inc. v. EverettMississippi Supreme Court · 1934
- N. O. & N. E. R. v. JonesMississippi Supreme Court · 1886