Legal Opinion

Todd v. Diamond State Iron Co.

Supreme Court of Delaware

Decided January 16, 1889PublishedCited by 15 opinions

Appeal from Court of Chancery, New Castle county. This suit was brought to determine, by interpleader, between George W. Todd and Jethro T. McCullough which of them is entitled to 105 shares of the capital stock of the Diamond State Iron Company, the complainant, standing upon the books of the company as the property of the defendant McCullough, and to certain dividends thereon (and interest upon a part of the dividends) that have accrued since January, 1881. This stock, on…

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Appeal from Court of Chancery, New Castle county. This suit was brought to determine, by interpleader, between George W. Todd and Jethro T. McCullough which of them is entitled to 105 shares of the capital stock of the Diamond State Iron Company, the complainant, standing upon the books of the company as the property of the defendant McCullough, and to certain dividends thereon (and interest upon a part of the dividends) that have accrued since January, 1881. This stock, on January 10, 1882, was pledged by McCullough, to the defendant Darlington to secure the payment of a promissory note for…

1Opinion of the Court

In the Court below, Saulsbury, Chancellor,

delivered the following opinion:

The complainant in this suit, a corporation existing under the *383laws of this state, states that there stands in the name of Jethro T. McCullough, one of the defendants in this cause 105 shares of the capital stock of said company, which were transferred to the said defendant on the 28th day of December, A. D., 1878, by George C. Simpson, executor of Jethro T. McCullough, deceased; that, in the latter part of the year 1881, the president of the said corporation complainant was notified by the defendant George W. Todd that…

2Cited by15 opinions

  1. Dillingham v. DahlgrenCalifornia Court of Appeal · 1921
  2. Equitable Trust Co. v. GallagherSupreme Court of Delaware · 1954
  3. Klein v. MarkarianCalifornia Supreme Court · 1917
  4. Gray Co. v. Alemite Corp.Court of Chancery of Delaware · 1934
  5. Lazear v. Ohio Valley Steel Foundry Co.West Virginia Supreme Court · 1909

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