Legal Opinion

McCready v. Rumsey

The Superior Court of New York City

Decided March 28, 1857PublishedCited by 9 opinions

A verdict was taken, in this case, by consent of the plaintiff, subject to the opinion of the court at General Term, on the questions of law arising in the case, and which were directed to be there argued in the first instance, the court to be at liberty, at the General Term, to direct a verdict to be entered for the defendants. if they deemed that result just, and the plaintiff to be at liberty to except thereto.

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A verdict was taken, in this case, by consent of the plaintiff, subject to the opinion of the court at General Term, on the questions of law arising in the case, and which were directed to be there argued in the first instance, the court to be at liberty, at the General Term, to direct a verdict to be entered for the defendants. if they deemed that result just, and the plaintiff to be at liberty to except thereto. Either party may turn the case into a bill of exceptions or special verdict. The cause was tried before Bosworth, J., and a jury, in January, 1857, and the following are the…

1Opinion of the CourtHoffman, J.

The first and most important question thus arises. The defendants have a valid lien upon the stock in question as against Jenkins, the original subscriber, by reason of the non-payment of the notes given upon his subscription? They had issued to Jenkins a certificate stating “that he was the proprietor of such shares, which are transferable only on the books of the bank, by the said E. F. Jenkins or his attorney, on surrender of this certificate.” This certificate has come to the hands of the present plaintiff, for valuable consideration, by successive trans*577fers. He demands a transfer of the…

2Cases cited2 opinions

  1. Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
  2. Stebbins v. Phenix Fire InsuranceNew York Court of Chancery · 1831

3Cited by9 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Jennings v. Bank of CaliforniaCalifornia Supreme Court · 1889
  3. Driscoll v. . West Bradley C.M. Co.New York Court of Appeals · 1874
  4. Newberry v. Detroit & Lake Superior Iron Manufacturing Co.Michigan Supreme Court · 1868
  5. Ireland v. Globe Milling and Reduction Co.Supreme Court of Rhode Island · 1897

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