Lyman v. State Bank of Randolph
Appellate Division of the Supreme Court of the State of New York
Appeal by the ■ defendant, the State Bank of Randolph, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 1st day. of August, 1902, upon the' report of a referee ad judging plaintiff’s lien upon certain shares of stoek to be superior to the lien of said defendant.
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Appeal by the ■ defendant, the State Bank of Randolph, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 1st day. of August, 1902, upon the' report of a referee ad judging plaintiff’s lien upon certain shares of stoek to be superior to the lien of said defendant. There is no controversy respecting the facts of this case, as nearly all of them are covered by the stipulation of the attorneys for the respective parties. Such as are especially important and material to the questions to be hereafter considered may…
1Opinion of the Court
Adams, P. J.:
The 9th article of association ^referred to in the foregoing statement reads as follows, viz.:
“ Article IX.
“ Sec. 1st. The Board of Directors shall cause suitable books to be kept for the registry and transfer of the shares of the capital stock of the association and in which the names of its shareholders shall be recorded, and every transfer to be valid shall be made on the books of the association and shall be signed by the shareholder or his authorized attorney.
“ Sec. 2d. Every transfer of shares of said capital stock shall be made and taken expressly subject to all the…
2Cases cited7 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
- Buffalo German Insurance v. Third National BankNew York Court of Appeals · 1900
- Gibbs v. Long Island BankNew York Supreme Court · 1894
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3Cited by1 opinion
- Bond v. Atlantic Terra Cotta Co.Appellate Division of the Supreme Court of the State of New York · 1910