Batesville Telephone Co. v. Myer-Schmidt Grocer Co.
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Richard H. Powell, Judge. The statute (Sand. & H. Dig., § 1338) requiring that all transfers of corporate stock be recorded does not apply to a pledge of stock. 45. Pac. 320; 93 Fed. 603; 1 Sumn. 133; 34 Atl. 1127; 34 S. W. 209; 18 id. 549; 87 Fed. 58; 4 Mass. 511; 3 Binn. 394; 2 Cow. 526. In New York it is held that the registration laws have no effect as to equitable claims. 49 N. Y. 222; 14 id. 560; 22 Wend. 362; 34 N. Y. 80. See…
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Appeal from Independence Circuit Court. Richard H. Powell, Judge. The statute (Sand. & H. Dig., § 1338) requiring that all transfers of corporate stock be recorded does not apply to a pledge of stock. 45. Pac. 320; 93 Fed. 603; 1 Sumn. 133; 34 Atl. 1127; 34 S. W. 209; 18 id. 549; 87 Fed. 58; 4 Mass. 511; 3 Binn. 394; 2 Cow. 526. In New York it is held that the registration laws have no effect as to equitable claims. 49 N. Y. 222; 14 id. 560; 22 Wend. 362; 34 N. Y. 80. See also, 3 How. 512. ■ The stock, being under pledge, was not subject to sale under execution. 42 Ark. 236; 58 id. 291; 64…
1Opinion of the CourtBattle, J.
Section 12 of an act entitled “An act to provide for the creation and regulation of incorporated companies,” approved April 12, 1869, which is sections 1337 and 1338 in Sandels & Hill’s Digest, is as follows:
“The president and secretary of every corporation organized under the provisions of this act shall annually make a certificate showing the condition of the affairs of such corporation, as nearly as the same can be ascertained, on the first of January or July next preceding the time of making such certificate, in the following particulars, viz: The amount of capital actually paid in; the…
2Cases cited2 opinions
- Brewster v. HartleyCalifornia Supreme Court · 1869
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- Nat. Bank Etc. v. Western Pac. Ry. Co.California Supreme Court · 1910
- Fahrney v. KellyU.S. Circuit Court for the District of Western Arkansas · 1900
- Loeb v. German National BankSupreme Court of Arkansas · 1908
- Scott v. HouptSupreme Court of Arkansas · 1904
- Hudson v. Bank of Pine BluffSupreme Court of Arkansas · 1905
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