National Bond & Share Corp. v. Hoey

PATTERSON, District Judge.

The motion is for summary judgment under rule 113 of the New York Rules of Civil Practice.

*788The action is one at law to recover stock transfer stamp tax paid under 'protest. The complaint shows that the plaintiff purchased for investment a large number of shares of stock of various corporations. Guaranty Trust Company acted as custodian of the stocks for the plaintiff. The course of business was for the brokers who acted for the plaintiff in purchasing the stocks to deliver the certificates to the trust company without change of registry. The frust company would then…