New York & New Haven Rail Road v. Schuyler
New York Supreme Court
THIS action was brought by the plaintiff for the purpose of ascertaining whether the stock held by the defendants in the New York and New Haven Bail Boad Company was spurious, either in whole or in part, and if so, to have the same declared void, and ordered to be canceled; and to enjoin the defendants from prosecuting any actions then pending against the company, or bringing actions to enforce any claims founded upon such stock.
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THIS action was brought by the plaintiff for the purpose of ascertaining whether the stock held by the defendants in the New York and New Haven Bail Boad Company was spurious, either in whole or in part, and if so, to have the same declared void, and ordered to be canceled; and to enjoin the defendants from prosecuting any actions then pending against the company, or bringing actions to enforce any claims founded upon such stock. Such of the defendants as answered denied that thei'r stock was spurious, and set up various grounds on which they claimed their stock to be valid, and in many…
1Opinion of the CourtIngraham, J.
In disposing of this case, the main question arises as to the proper rules to be adopted in order to ascertain which stock is valid, and which is spurious. On the part of the plaintiffs, it is claimed that no transfers are to be recognized but such as are entered on the books of the company; that the issue of a certificate of stock, or an assignment thereof, did not vest in any person other than the holder on the books of the company, any title to such stock, until the same was transferred on the books of the company; that all transfers made in excess of stock owned by the transferror, and…
2Cases cited6 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
- Marlborough Manufacturing Co. v. SmithSupreme Court of Connecticut · 1818
- Mechanics & Farmers' Bank v. SmithNew York Supreme Court · 1821
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sechrist v. Rialto Irrigation DistrictCalifornia Supreme Court · 1900
- Brokaw v. New Jersey Railroad & Transportation Co.Supreme Court of New Jersey · 1867
- Coleman v. StateCourt of Criminal Appeals of Texas · 1930
- State Insurance v. GennettCourt of Appeals of Tennessee · 1874