Clews v. Friedman
Massachusetts Supreme Judicial Court
Bill in equity, filed J une 20, 1902, against the trustee in bankruptcy of A. H. Zunz to restrain him from enforcing an attachment against four shares of the capital stock of the Boston and Albany Railroad Company, attached as the property of Rosa W. Zunz, who sold the shares to the plaintiffs.
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Bill in equity, filed J une 20, 1902, against the trustee in bankruptcy of A. H. Zunz to restrain him from enforcing an attachment against four shares of the capital stock of the Boston and Albany Railroad Company, attached as the property of Rosa W. Zunz, who sold the shares to the plaintiffs. The bill alleged, that the plaintiffs were copartners carrying on a banking business in the city of New York, that on March 1 or 2, 1900, Rosa W. Zunz, being the owner of the certificate representing the four shares of stock in question and having owned it since October 17, 1899, sold and delivered it…
1Opinion of the CourtKnowlton, C. J.
This case calls for a construction of the St. 1884, c. 229, (R. L. c. 109, § 37,) which is as follows: “ The delivery of a stock certificate of a corporation to a bona fide purchaser or pledgee, for value, together with a written transfer of the same, or a written power of attorney to sell, assign and transfer the same, signed by the owner of the certificate, shall be a sufficient delivery to transfer the title as against all parties; but no such transfer shall affect the right of the corporation to pay any dividend due upon the stock, or treat the holder of record as the holder in fact,…
2Cases cited4 opinions
- Boston Music Hall Ass'n v. CoryMassachusetts Supreme Judicial Court · 1880
- H. W. Wright Lumber Co. v. HixonWisconsin Supreme Court · 1899
- Andrews v. Worcester, Nashua, & Rochester RailroadMassachusetts Supreme Judicial Court · 1893
- Allen v. FrenchMassachusetts Supreme Judicial Court · 1902
3Cited by10 opinions
- Bellows Falls Power Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1915
- Edgerly v. First National BankMassachusetts Supreme Judicial Court · 1935
- Lane v. Volunteer Co-operative BankMassachusetts Supreme Judicial Court · 1940
- Monotype Composition Co. v. KiernanMassachusetts Supreme Judicial Court · 1946
- Knight, Exr. v. ShutzOhio Supreme Court · 1943
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