Legal Opinion

O'Mara v. Newcomb

Supreme Court of Colorado

Decided September 15, 1906No. 5185; No. 2790 C. APublishedCited by 2 opinions

Appeal from the District Court of Teller County. Hon. Louis W. Cunningham, Judge. Action by John O’Mara against E. C. Newcomb, as trastee, and The First National Bank of Cripple Creek. From a judgment in favor of defendants, plaintiff appeals.

1Opinion of the CourtJustice Campbell

A stranger to this action was the owner of certain certificates of stock in a mining company organized under the laws of this state. The certificates were in the usual form, having on the back a blank form of indorsement and an appropriate blank power of attorney for their proper transfer. This owner indorsed them in blank, and subsequently they were purchased by the plaintiff, John O’Mara, on the stock exchange. With the certificates in this condition, 0 ’Mara left them for safe keeping with C. A. Gill, who was a stockbroker in the city of Cripple Creek. Several months after this deposit…

2Cases cited3 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Bank v. LanierSupreme Court of the United States · 1871
  3. Supply Ditch Co. v. ElliottSupreme Court of Colorado · 1887

3Cited by2 opinions

  1. Howison v. Mechanics Savings BankSupreme Court of New Hampshire · 1936
  2. Ironstone Ditch Co. v. Equitable Securities Co.Supreme Court of Colorado · 1911

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