Pollock v. . the National Bank
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where a decree in equity, dismissing the plaintiffs’ bill, had been affirmed, without prejudice to the right of action.
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Appeal from the general term of the Supreme Court, in the first district, where a decree in equity, dismissing the plaintiffs’ bill, had been affirmed, without prejudice to the right of action. This was a bill in equity, filed in the late court of chancery against the Bank of America, and the National Bank, to compel the latter to issue new shares of stock to the complainants, in lieu of certain shares which had been transferred on a forged power of attorney, and for general relief. Prior to 1842, the plaintiffs’ brother, Andrew Pollock, had been a clerk in the Bank of America. They were each…
1Opinion of the Court
*Gardiner, J.
The Misses Pollock were the * 0-7» i 1 -* acknowledged owners of fifty shares of stock of the National Bank, standing in their names on the books of that institution, with the certificates, the evidence of their title, in their possession. This stock was subsequently transferred from their names to the names of other persons, by the permission of the bank, which received and cancelled the original certificates, and has ever since refused to pay dividends to the complainants, or in any way to recognise them as stockholders in the institution, and denied their title to, or any…
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