Galveston City Co. v. Sibley
Texas Supreme Court
Error from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit brought March 23,1878, by the heirs of Origen Sibley, alleging the issuance to their father of certificate No. 191, for a share of stock in the Galveston City Company, May 7, 1811; that he died in the year 1860, in the state of Alabama; that he owned said certificate of stock at his death; that it had been lost or destroyed and petitioners had never been able to find it; that in February, 1878, they…
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Error from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit brought March 23,1878, by the heirs of Origen Sibley, alleging the issuance to their father of certificate No. 191, for a share of stock in the Galveston City Company, May 7, 1811; that he died in the year 1860, in the state of Alabama; that he owned said certificate of stock at his death; that it had been lost or destroyed and petitioners had never been able to find it; that in February, 1878, they demanded of said company the recognition of their ownership of stock and the issuance to them of a duplicate, which was…
1Opinion of the Court
Bonner, Associate Justice.—
It is conceded by the distinguished and diligent counsel, both for the appellants and appellees, that they have been unable to find a re*275ported case of lost certificate of stock like the one now before the court. We have found none, but have endeavored to dispose of this case by the application of the, principles and practice found in analogous cases.
It has not been deemed necessary to pass upon several of the minor questions raised, but upon the more important only.
The jurisdiction of a court of equity to prevent loss arising from an accidental cause is of very…
2Cases cited1 opinion
- Chesapeake & Ohio Canal Co. v. BlairCourt of Appeals of Maryland · 1876
3Cited by7 opinions
- Yeaman v. Galveston City CompanyTexas Supreme Court · 1914
- Joslyn v. St. Paul Distilling Co.Supreme Court of Minnesota · 1890
- Keller v. Eureka Brick Machine Manufacturing Co.Missouri Court of Appeals · 1890
- Yeaman v. Galveston City Co.Court of Appeals of Texas · 1911
- Davis v. FraserCourt of Appeals of Texas · 1958
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