Middlebrook v. Merchants' Bank
New York Court of Appeals
Appeal from the affirmance in the first judicial district, of a judgment of the Supreme Court, directing the defendant to permit a transfer on its books to the plaintiff, of fifty shares of stock standing in the name of his deceased father. Robert Middlebrook died at his residence in Trumbull, Connecticut, on the 15th of May, 1861. He owned a hundred shares of stock in the Merchants’ Bank.
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Appeal from the affirmance in the first judicial district, of a judgment of the Supreme Court, directing the defendant to permit a transfer on its books to the plaintiff, of fifty shares of stock standing in the name of his deceased father. Robert Middlebrook died at his residence in Trumbull, Connecticut, on the 15th of May, 1861. He owned a hundred shares of stock in the Merchants’ Bank. He bequeathed to the plaintiff $16,000, to be selected by him from stocks belonging to the estate! The will was admitted to probate in Connecticut, and the executors drew the dividends on the stock in the…
1Opinion of the CourtPoetes, J.
By the law of the testator’s domicile, his executors succeeded to the ownership of his personal property. Under an authority derived from him, and in the exercise of the jus Msponendi, inherent in them as successors to his title, they transferred the stock to the plaintiff. He produced to the bank the appropriate evidence of his interest, and requested permission to enter the transfer in its books on the surrender of the original certificate. His right as owner was perfect, and his demand was wrongfully refused. There was no occasion for taking out letters testamentary here, for the purpose…
2Cases cited3 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Doolittle v. LewisNew York Court of Chancery · 1823
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- Mabon v. . Ongley Electric Co.New York Court of Appeals · 1898
- In re the North Shore Staten Island Ferry Co.New York Supreme Court · 1872
- Maas v. German Savings BankAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Election of Directors of Cape May & Delaware Bay Navigation Co.Supreme Court of New Jersey · 1888
- Toronto General Trust Co. v. Chicago, Burlington & Quincy RailroadNew York Court of Appeals · 1890
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