Ellis v. Wilcox
Hawaii Supreme Court
Exceptions prom Rulings op Austin, J. Defendant bought of plaintiff sixty shares in an incorporated company ; and five certificates of stock, representing said shares, were delivered to defendant, who handed them back to plaintiff, to be exchanged for one certificate for the same stock, to be made out in defendant’s name; when the new certificate was tendered to defendant, lie refused to receive it: Held, the sale was complete by the defendant accepting the five…
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Exceptions prom Rulings op Austin, J. Defendant bought of plaintiff sixty shares in an incorporated company ; and five certificates of stock, representing said shares, were delivered to defendant, who handed them back to plaintiff, to be exchanged for one certificate for the same stock, to be made out in defendant’s name; when the new certificate was tendered to defendant, lie refused to receive it: Held, the sale was complete by the defendant accepting the five certificates, and was not rendered incomplete by the defendant returning the five certificates to be exchanged for one. If there is…
1Opinion of the Court
Opinion oe the Court, by
Austin, J.
This action was brought to recover $4,200 and interest, as the purchase price of sixty shares of the capital stock of the Honolulu Ice Works Company, a corporation established and existing under the laws of this Kingdom, and claimed to have been sold and delivered by the plaintiff to the defendant.
The action was tried before Mr. Justice Austin and a jury, at the last July Term, and a verdict was rendered for the plaintiff, as he claimed, and the defendant appeals to this Court.
The plaintiff’s and defendant’s witnesses disagree as to the facts. Upon the…
2Cases cited2 opinions
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- Perkins v. HinsdaleMassachusetts Supreme Judicial Court · 1867
3Cited by2 opinions
- Wright v. Hilo Tribune-Herald, Ltd.Hawaii Supreme Court · 1929
- Holloway v. BrownHawaii Supreme Court · 1902