Birmingham National Bank v. Roden
Supreme Court of Alabama
Appeal from City Court of Birmingham. Heard before Hon. H. A. Sharpe. The bill in this case as originally filed, prayed that the bank be compelled to issue to complainant forty shares of its stock for which he had subscribed. The prayer of the bill was afterwards amended, praying that if the stock could not be issued the complainant might have compensation in lieu thereof.
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Appeal from City Court of Birmingham. Heard before Hon. H. A. Sharpe. The bill in this case as originally filed, prayed that the bank be compelled to issue to complainant forty shares of its stock for which he had subscribed. The prayer of the bill was afterwards amended, praying that if the stock could not be issued the complainant might have compensation in lieu thereof. The defendant amended its answer by a plea setting up the fact that its entire capital stock had been taken up and certificates therefor issued to holders in good faith, and the court sustained a demurrer to this plea. The…
1Opinion of the CourtColeman, J.
— The object of the bill as originally framed was to compel the defendant bank to register the plaintiff as a stockholder for forty shares of stock in the bank stock-book. After answer and plea by the bank which averred as a defense that all the shares authorized to be issued by its charter, had been issued, before the filing of complainant’s bill, the bill was amended so as to pray as alternative relief, that the bank be required to pay the value of the stock, and the dividends declared thereon, as compensation in lieu of the stock.
The respondent demurred to the bill, upon the ground that…
2Cases cited6 opinions
- Aday v. EcholsSupreme Court of Alabama · 1850
- Allen v. YoungSupreme Court of Alabama · 1889
- Machinists' National Bank v. FieldMassachusetts Supreme Judicial Court · 1879
- Moses v. ScottSupreme Court of Alabama · 1887
- Cowan & Co. v. SappSupreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Oden v. VaughnSupreme Court of Alabama · 1920
- Ballenger v. Liberty National Life Insurance CompanySupreme Court of Alabama · 1960
- Jefferson County Savings Bank v. ComptonSupreme Court of Alabama · 1915
- Williams v. KilpatrickSupreme Court of Alabama · 1916
5 more not listed; retrieve them via the Exa API.