Duryea v. Elkhorn Coal & Coke Corp.

The defendant, Elkhorn Coal & Coke Corporation, is a Maine organization. In 1905, a Virginia corporation, bearing the same name, transferred and conveyed to the defendant all of its property and rights. By reason of this transaction and the corporate votes authorizing it, the plaintiff, Ellen II. Duryea, a stockholder of the Virginia company, became entitled to receive twenty-one hundred and seventy-five shares of the defendant’s stock. She did not ask that it be issued to her nor did she tender her old certificates until 1921 when her demand for the stock was refused. Whereupon she brought…