Amidon v. Florence Farmers' Elevator Co.
South Dakota Supreme Court
Appeal from Circuit Court, Codington County; Hon. Geo H. Marquis, Judge. Action by L. H. Amidon against the Florence Farmers’ Elevator Company. Judgment for defendant, and plaintiff appeals. .A transferee of stock is entitled to pursue his equitable remedy to compel an entry of the transfer on the books of the company, notwithstanding that on refusal to transfer, the transfer is deemed complete, and the company is bound to recognize it precisely as if entered on the books.
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Appeal from Circuit Court, Codington County; Hon. Geo H. Marquis, Judge. Action by L. H. Amidon against the Florence Farmers’ Elevator Company. Judgment for defendant, and plaintiff appeals. .A transferee of stock is entitled to pursue his equitable remedy to compel an entry of the transfer on the books of the company, notwithstanding that on refusal to transfer, the transfer is deemed complete, and the company is bound to recognize it precisely as if entered on the books. Gilkinson v. Third Ave. R. Co. 36 N. Y. S. 792; Cushman v. Thayer Mfg. Jewelry Co., 76 N. Y. 365; Ernst v. Elmire…
1Opinion of the CourtMcCOY, J.
This action was brought by L• H. Amidon, as plaintiff in the court below, for a writ of mandamus to compel the Florence Farmer’s Elevator Co., a domestic corporation as defendant, to transfer on the books of said corporation certain shares of stock which said plaintiff purchased and had assigned to him, and to permit plaintiff to participate as a stockholder in the management of the affairs of said company. The .plaintiff’s petition for mandamus, among other things, alleged that at the time of the incorporation of defendant two certain certificates of stock, rep*26resenting eight fully paid up…
2Cases cited1 opinion
- Slemmons v. ThompsonOregon Supreme Court · 1892
3Cited by6 opinions
- Salgo v. MatthewsCourt of Appeals of Texas · 1973
- State Ex Rel. Howland v. Olympia Veneer Co.Washington Supreme Court · 1926
- Smith v. Otter Tail Power CompanySouth Dakota Supreme Court · 1963
- Capitol Petroleum Co. v. HaldemanSupreme Court of Colorado · 1919
- Flowerdale Greenhouses, Inc. v. McJunkinSupreme Court of Oklahoma · 1925
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