Barrett v. King
Massachusetts Supreme Judicial Court
Tort for the alleged conversion of twenty shares of the capital stock of the Continental Brewing Company against Charles A. King and that corporation. Writ dated July 3, 1899. In the Superior Court Hophins, J. ordered a verdict for the defendants; and the plaintiff alleged exceptions.
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Tort for the alleged conversion of twenty shares of the capital stock of the Continental Brewing Company against Charles A. King and that corporation. Writ dated July 3, 1899. In the Superior Court Hophins, J. ordered a verdict for the defendants; and the plaintiff alleged exceptions. The face of the certificate for the shares in question contained the following: “ This Certifies that William A. Holmes, of Boston, Mass., is the owner of twenty (20) Shares of the capital stock of the Continental Brewing Company, and said shares are transferable only in person, or by attorney duly constituted,…
1Opinion of the CourtHolmes, C. J.
This is an action of tort for the conversion of twenty shares of stock in the Continental Brewing Company, by a refusal to transfer it to the plaintiff on the books of the company. It may be assumed for the purposes of decision that the stock was purchased on the plaintiff’s behalf, but it stood in the name of one W. A. Holmes, who indorsed the certificate and handed it over to the plaintiff as soon as he got "it. This certificate was expressed to be transferable only in accordance with the by-laws of the company printed upon it, and one of those by-laws forbade a disposition' of the stock…
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