Legal Opinion

Boston Safe Deposit & Trust Co. v. Adams

Massachusetts Supreme Judicial Court

Decided June 21, 1916PublishedCited by 16 opinions

Bill in equity, filed in the Superior Court on November 27, 1914, praying that the defendant might be ordered to execute a transfer to the plaintiff of a certificate for one thousand and eighty-five ordinary shares of one pound each of the Linen Thread Company, Limited, which was deposited with the plaintiff by Gay and Sturgis on June 12,1913, with other securities as security for a loan of $10,000 made to them by the plaintiff on that day; also a Cross bill, filed in the…

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Bill in equity, filed in the Superior Court on November 27, 1914, praying that the defendant might be ordered to execute a transfer to the plaintiff of a certificate for one thousand and eighty-five ordinary shares of one pound each of the Linen Thread Company, Limited, which was deposited with the plaintiff by Gay and Sturgis on June 12,1913, with other securities as security for a loan of $10,000 made to them by the plaintiff on that day; also a Cross bill, filed in the Superior Court on January 14, 1915, by Ivers Shepard Adams, the defendant in the first case, against the Boston Safe…

1Opinion of the CourtLoring, J.

The plaintiff’s contention (as we understand it) is that the signature of the defendant below “Extracts from Articles of Association shewing dividend and capital rights of' the several Classes of Shares” is a transfer in blank which the plaintiff had a right to complete by writing in above the defendant’s signature a proper transfer to itself, as in the case of a negotiable note on the back of which the payee writes his name when he sells the note to another. The argument of the learned counsel for the plaintiff in this connection is that the only reason why the plaintiff has resorted to a…

2Cases cited3 opinions

  1. Herbert v. SimsonMassachusetts Supreme Judicial Court · 1915
  2. Unity Banking and Saving Company v. Bettman, Trustee of Holzman & Co., BankruptsSupreme Court of the United States · 1910
  3. Barstow v. City Trust Co.Massachusetts Supreme Judicial Court · 1914

3Cited by16 opinions

  1. Connell's EstateSupreme Court of Pennsylvania · 1925
  2. Stuart v. SargentMassachusetts Supreme Judicial Court · 1933
  3. Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1938
  4. Peckinpaugh v. H. W. Noble & Co.Michigan Supreme Court · 1927
  5. Whitney v. NolanMassachusetts Supreme Judicial Court · 1937

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