Union Trust Co. v. Oliver
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Union Trust Company of Rochester, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 25th day of November, 1912, dismissing the complaint.
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Appeal by the plaintiff, the Union Trust Company of Rochester, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 25th day of November, 1912, dismissing the complaint. Certain stockholders of the Rochester and Lake Ontario Water Company, of whom R. A. Adams was one, entered into an agreement in writing with certain persons called trustees, whereby they agreed to transfer their shares of stock to the trustees and to receive in exchange therefor so-called voting trust certificates, the stock to be held by the…
1Opinion of the Court
Kruse, J.:
The defendant Oberg delivered to one Clarke, the wrongdoer, his certificate of stock without writing his own name in the blank assignment and power to transfer the stock, indorsed thereon, and executed by the man who, on the face of the certificate, appeared to be the owner thereof. The certificate was delivered to Clarke to be surrendered and reissued to Oberg. Although Clarke was the secretary of the company, he was not the agent of the voting trustees for transferring the stock upon the books of the trustees. They had an agent of their own for that purpose. Clarke pledged the…
2Cases cited7 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Mowrey v. WalshNew York Supreme Court · 1828
- Covill v. Hill & SanfordNew York Supreme Court · 1847
- Hammond v. HoppingNew York Supreme Court · 1835
- Bonnette v. MolloyAppellate Division of the Supreme Court of the State of New York · 1912
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3Cited by1 opinion
- Babcock v. National Surety Co.New York Supreme Court · 1919