Legal Opinion

Sherwood v. Meadow Valley Mining Co.

California Supreme Court

Decided July 1, 1875No. 4041PublishedCited by 7 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 30th day of November, 1872, Henry Schmeidell, a broker in San Francisco, owned twenty shares of the stock of the defendant, a corporation organized for mining purposes, and received the following certificate: “Twenty Shares. No. 7405. “Meadow Yalley Mining Company. “ Incorporated May 15th, 1869. “ Capital §6,000,000. 60,000 shares—§100 each.

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 30th day of November, 1872, Henry Schmeidell, a broker in San Francisco, owned twenty shares of the stock of the defendant, a corporation organized for mining purposes, and received the following certificate: “Twenty Shares. No. 7405. “Meadow Yalley Mining Company. “ Incorporated May 15th, 1869. “ Capital §6,000,000. 60,000 shares—§100 each. “ San Fuancisco, November 30, 1872. “ This certifies that H. Schmeidell, trustee, is the owner of twenty (20) shares of the capital stock of the Meadow…

1Opinion of the Court

By the Court :

In Atkins v. Gamble (42 Cal. 99), we held that certificates of stock in a corporation are not negotiable securities in a commercial sense; but are mere muniments and evidences of the holder’s title to a given share in the property and franchises of the corporation of which he is a member. We do not think it necessary to again go over the reasoning, or *415engage in a review of the authorities by which the conclusion is maintained. Mr. Parsons, in a note to the sixth edition of his work on Contracts (vol. 1, p. 290), after a somewhat extended citation of the authorities upon the…

2Cases cited1 opinion

  1. Atkins v. GambleCalifornia Supreme Court · 1871

3Cited by7 opinions

  1. Swim v. WilsonCalifornia Supreme Court · 1891
  2. Graves v. Mono Lake Hydraulic Mining Co.California Supreme Court · 1889
  3. Barstow v. Savage Mining Co.California Supreme Court · 1883
  4. Powers v. Pacific Diesel Engine Co.California Supreme Court · 1929
  5. Craig v. Hesperia Land & Water Co.California Supreme Court · 1896

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