Trimble v. Wollman
Missouri Court of Appeals
Error to the Jachson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) If Wollman and the bank .were equally free from fault, the fact that the new certificate was obtained from the bank without consideration, through mistake, would entitle the bank to recover from Wollman its damages resulting from the issuance of the new certificate. Brown, Lancaster & Go. v. Ins.
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Error to the Jachson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) If Wollman and the bank .were equally free from fault, the fact that the new certificate was obtained from the bank without consideration, through mistake, would entitle the bank to recover from Wollman its damages resulting from the issuance of the new certificate. Brown, Lancaster & Go. v. Ins. Co., 42 Md. 384. (2) Where a -person presents a forged power of attorney to transfer stock to a corporation and the corporation upon the faith of it issues to him a new certificate, he is liable to the corporation for damages…
1Opinion of the Court
R. E. Rombauer (Special Judge).
On the third of July, 1891, the plaintiff was the owner of ten shares of stock of the par value of $1,000 of the defendant bank. He Was also a depositor in said bank. He kept his stock certificate in a safe in his office. One Breese, who was plaintiff’s clerk at the time, stole this certificate from plaintiff’s safe, caused plaintiff’s name to be forged to the blank assignment thereon and sold the certificate to the defendant Wollman, a stock broker, for $1,000, under circumstances hereinafter more fully stated. Breese' fraudulently pretended to act for the…
2Cases cited10 opinions
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Hardin v. BoydSupreme Court of the United States · 1885
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Telegraph Co. v. DavenportSupreme Court of the United States · 1878
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
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3Cited by6 opinions
- Central Improvement Co. v. Cambria Steel Co.Court of Appeals for the Eighth Circuit · 1913
- Sebree v. RosenSupreme Court of Missouri · 1964
- Warren v. . SusmanSupreme Court of North Carolina · 1915
- Jennie Clarkson Home for Children v. Missouri, Kansas & Texas Railway Co.New York Court of Appeals · 1905
- Timmons v. BenderMissouri Court of Appeals · 1980
1 more not listed; retrieve them via the Exa API.