Geyser-Marion Gold-Min. Co. v. Stark
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Utah. This was a suit in equity brought by the appellee, Charles B. Stark, against the appellant, the Ge> ser-Marion Gold-Mining Company, a corporation of the state of Utah, to compel it to either reinstate upon its records the registry of his ownership of 3,000 shares of its slock, or to pay to him the value of that stock, which the appellee alleged the corporation had negligently permitted to bo…
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Appeal from the Circuit Court of the United States for the District of Utah. This was a suit in equity brought by the appellee, Charles B. Stark, against the appellant, the Ge> ser-Marion Gold-Mining Company, a corporation of the state of Utah, to compel it to either reinstate upon its records the registry of his ownership of 3,000 shares of its slock, or to pay to him the value of that stock, which the appellee alleged the corporation had negligently permitted to bo transferred upon its records to third parties. The appellant answered that the stock in question stood upon its books in the…
1Opinion of the CourtSanborn, Circuit Judge
Corporations issue certificates of the ownership of their stock. They condition the rights of their stockholders to vote, to participate in their management, and to receive dividends upon their stock, upon a registry of their ownership of their shares in the corporate books and upon these certificates. They make the certificates and keep the registries, and they thereby assume an obligation to each stockholder to use reasonable diligence to certify, and to make their records declare the truth. No man can be lawfully deprived of his property without his consent except by due process of law,…
2Cases cited27 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Irwin v. WilliarSupreme Court of the United States · 1884
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Barnard v. KelloggSupreme Court of the United States · 1871
- Telegraph Co. v. DavenportSupreme Court of the United States · 1878
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3Cited by30 opinions
- Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
- Ownes v. NagelIllinois Supreme Court · 1929
- Phoenix Title and Trust Company v. Myles Stewart, Trustee of the Estate of Arthur Peabody and Olive PeabodyCourt of Appeals for the Ninth Circuit · 1964
- Sanford v. Van PeltSupreme Court of Missouri · 1926
- Cunningham v. PettigrewCourt of Appeals for the Eighth Circuit · 1909
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