Shaw v. Goebel Brewing Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Couht of the United States for the Eastern District of Michigan; Arthur C. Denison, Judge. Suit by David-R. Shaw against the Goebel Brewing Company, Limited. Judgment for defendant, and complainant - appeals.
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Appeal from the Circuit Couht of the United States for the Eastern District of Michigan; Arthur C. Denison, Judge. Suit by David-R. Shaw against the Goebel Brewing Company, Limited. Judgment for defendant, and complainant - appeals. This was a suit in equity to establish ownership in appellant of 60 shares of the capital stock of the appellee company; to compel the company “to reissue said stock” to appellant and to pay him all dividends that have accrued or may accrue thereon; and meanwhile to enjoin payment of accruing dividends. The appellee is a corporation created under the Companies’…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The important question is whether Shaw can compel the Brewing Company to accept a surrender of his certificates and execute and deliver new ones in his name. He obtained his certificates some 16 years before notifying the company of his purchase or demanding a transfer; and this was about 4 years after the company had, in obedience to an order of court, entered upon its register a transfer of these shares to Byrne, and 3 years after Byrne had disposed of the shares and ceased to be a member of the company. It is true that each of Shaw’s certificates…
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