Legal Opinion

Pratt v. Boston & Albany Railroad

Massachusetts Supreme Judicial Court

Decided March 3, 1879PublishedCited by 12 opinions

Bill in EQUITY, filed February 13, 1878, alleging that on Julie 14, 1869, the plaintiff purchased five shares in the capital stock of the defendant corporation, and received a certificate for the same, numbered 6775, which certificate the plaintiff kept with due care; that on January 11, 1876, an instrument dated January 8, 1876, and having on it the name of the plaintiff as maker thereof, appointing F. W. Brown her attorney to transfer said five shares to Spencer W.…

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Bill in EQUITY, filed February 13, 1878, alleging that on Julie 14, 1869, the plaintiff purchased five shares in the capital stock of the defendant corporation, and received a certificate for the same, numbered 6775, which certificate the plaintiff kept with due care; that on January 11, 1876, an instrument dated January 8, 1876, and having on it the name of the plaintiff as maker thereof, appointing F. W. Brown her attorney to transfer said five shares to Spencer W. Richardson, Edward D. Adams and William H. Hill, Jr., copartners under the name of Richardson, Hill & Company, was presented to…

1Opinion of the CourtGray, C. J.

The bill alleges, and the demurrer admits, that, without any negligence or any authority of the plaintiff, a certificate of five shares owned by her in the defendant corporation, having indorsed thereon a forged power of attorney to Brown to transfer the shares to Richardson, Hill & Company, was presented and surrendered by Brown to the corporation, and the shares were transferred by Brown to Richardson, Hill & Company, and that the corporation thereupon issued a new certificate for these shares to Richardson, Hill ¿5 Company, who claim to hold the same. The bill does not seek to cancel that…

2Cases cited4 opinions

  1. Telegraph Co. v. DavenportSupreme Court of the United States · 1878
  2. Loring v. Salisbury MillsMassachusetts Supreme Judicial Court · 1878
  3. Pratt v. Taunton Copper Manufacturing Co.Massachusetts Supreme Judicial Court · 1877
  4. Salisbury Mills v. TownsendMassachusetts Supreme Judicial Court · 1871

3Cited by12 opinions

  1. Moores v. Citizens' Nat. Bank of PiquaSupreme Court of the United States · 1884
  2. Commonwealth v. Reading Savings BankMassachusetts Supreme Judicial Court · 1884
  3. Hiller v. American Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1949
  4. Wilson v. Colorado Mining Co.Court of Appeals for the Eighth Circuit · 1915
  5. Fiala v. Connecticut Electric Service Co.Supreme Court of Connecticut · 1932

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