Townes v. Nichols
Supreme Judicial Court of Maine
On retort. Mandamus to compel the officers of the North Castine Mining-Company to issue to the petitioner a certificate of stock for two hundred shares of the capital stock of the company. The opinion states the material facts.
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On retort. Mandamus to compel the officers of the North Castine Mining-Company to issue to the petitioner a certificate of stock for two hundred shares of the capital stock of the company. The opinion states the material facts. The court has power to issue the writ prayed for. ' E. S.s c. 77, § 4; Smyth v. Titcomb, 31 Maine, 272; Angel & Ames, Corp. § § 707, 709, 710; Strong, Petr, 20 Pick. 484; Baker v. Johnson, 41 Maine, 15. cited: 6 Dane’s Abr. c. 186, •■art. 2, § § 13, 16; 6 Bacon’s Abr. Title, Mandamus F; Harts-horn v. Ellsworth, 60 Maine, 276.
1Opinion of the CourtPeters, J.
This is a petition for a writ of mandamus, to • compel the directors of a mining company to require its ministerial officers to issue to the petitioner a certificate of shares in the capital stock of the company. The case is submitted to us upon the petition and the testimony reported in support of it. There are no formal pleadings, but the respondents stand in the attitude of demurring to the petition and the evidence adduced.
The petitioner’s claim is founded upon a receipt or certificate of the treasurer of the company, the material part of which is in these words : "North Castine Mining…
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