Keller v. Eureka Brick Machine Manufacturing Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — IIon. Daniel D. Fisher, Judge. Any agreement on the part of defendant to issue to plaintiff an original certificate would be ultra ñires. First. Because it is the common-law duty of a corporation to refuse to transfer stock until the original certificate is surrendered. Morawetz on Corp., sec. 186, p. 184; Smith n. Mining Co., 1 Nev. 428. Second.
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Appeal from the St. Louis City Circuit Court. — IIon. Daniel D. Fisher, Judge. Any agreement on the part of defendant to issue to plaintiff an original certificate would be ultra ñires. First. Because it is the common-law duty of a corporation to refuse to transfer stock until the original certificate is surrendered. Morawetz on Corp., sec. 186, p. 184; Smith n. Mining Co., 1 Nev. 428. Second. Because the by-law of the company printed on the face of its certificate forbids a transfer without surrender of the original certificate. See Taylor on Law of Private Cor. [ 1 Ed.] sec. 594, p. 446;…
1Opinion of the CourtThompson, J.
This was an action in the nature of a suit in equity to compel the defendant to issue to the plaintiff other certificates of stock in the place of his original certificates, alleged to have been lost, without the word, “duplicate,” or any other words being written upon them to indicate that they were issued in place of other certificates, which are still outstanding. Such proceedings were had in the circuit court that the court ordered the defendant to issue such new certificate to the plaintiff without any such words being upon it, the plaintiff having given to the defendant a bond of…
2Cases cited26 opinions
- Scovill v. ThayerSupreme Court of the United States · 1882
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Bank v. LanierSupreme Court of the United States · 1871
- Telegraph Co. v. DavenportSupreme Court of the United States · 1878
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
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3Cited by8 opinions
- Knight, Exr. v. ShutzOhio Supreme Court · 1943
- Herrick v. Humphrey Hardware Co.Nebraska Supreme Court · 1905
- Sharon v. Kansas City Granite & Monument Co.Missouri Court of Appeals · 1939
- Withers v. Lafayette County BankMissouri Court of Appeals · 1896
- Lacaff v. Dutch Miller Mining & Smelting Co.Washington Supreme Court · 1903
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