Legal Opinion · Dissent

In re the Estate of Miller

Supreme Court of Kansas

Decided November 8, 1913No. 18,761Published

Appeal from Labette district court; Elmer C. Clark, judge.

1DissentJohnston, C. J.

(dissenting) : In my.view the situs of the shares of stock owned by Miller was in Labette county, Kansas, the home and principal place of business of the corporation. While the authorities on the subject are not in harmony it is generally recognized that certificates of stock are not debts, credits, securities or chattels, but are simply evidences that the holder is a member of and has an interest in a corporation which itself owns all of its property. In a sense shares of stock are treated as property, but it is of a peculiar kind which gives the owner no right or title to the tangible…

2Cases cited11 opinions

  1. Jellenik v. Huron Copper Mining Co.Supreme Court of the United States · 1900
  2. Denny v. FaulknerSupreme Court of Kansas · 1879
  3. Murphy v. CrouseCalifornia Supreme Court · 1901
  4. Richardson v. BuschSupreme Court of Missouri · 1906
  5. Andrews v. Guayaquil & Quito Railway Co.New Jersey Court of Chancery · 1905

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