People ex rel. Rottenberg v. Utah Gold & Copper Mines Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Utah Gold and Copper Mines Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of September, 1909, as resettled by an order bearing date the oth day of October, 1909, and entered in said clerk’s office,, directing the issuance of a peremptory writ of mandamus'.
1Opinion of the Court
Houghton, J.:
Belator claims to be the owner of 3,000 shares of stock of the •defendant corporation evidenced by certificates held by him indorsed in blank, and for the purposes of this discussion we assume.he is the *419absolute owner thereof. He produced his certificates and offered to surrender them and demanded that such stock be transferred on the books of the defendant to himself. The defendant refused to make such transfer and the relator has procured a peremptory mandamus requiring it so to do.
We think mandamus will not lie to compel a corporation to transfer stock on its books and that…
2Cases cited7 opinions
- Matter of SteinwayNew York Court of Appeals · 1899
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Henry v. . Babcock Wilcox Co.New York Court of Appeals · 1909
- People ex rel. Callanan v. KeesevilleAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by4 opinions
- Lehrich v. Sixth Avenue Bancorporation, Inc.Appellate Division of the Supreme Court of the State of New York · 1937
- Trad v. HodesNew Jersey Superior Court Appellate Division · 1962
- Lascaris v. Albany Motor Renting Corp.New York Supreme Court · 1964
- Baker v. Macfadden Publications, Inc.Appellate Division of the Supreme Court of the State of New York · 1946