Legal Opinion

O'Neil v. Wolcott Mining Co.

Court of Appeals for the Eighth Circuit

Decided November 15, 1909No. 3,057PublishedCited by 30 opinions

Appeal from the Circuit Court oí the United States for the District of Colorado. Bill by H. M. O’Neil against the Wolcott Mining Company and others. Decree for defendants, and complainant appeals. The complaint in this ease is that at The final hearing the court dismissed the hill of the appellant, which was exhibited to obtain a transfer to the complainant upon the books of the Wolcott Mining 'Company of 3,000 shares of its capital stock.

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Appeal from the Circuit Court oí the United States for the District of Colorado. Bill by H. M. O’Neil against the Wolcott Mining Company and others. Decree for defendants, and complainant appeals. The complaint in this ease is that at The final hearing the court dismissed the hill of the appellant, which was exhibited to obtain a transfer to the complainant upon the books of the Wolcott Mining 'Company of 3,000 shares of its capital stock. The mining company was organized about 1890, and it had a capital stock of 100.000 shares of a par value of $1 per share. It issued a eertiiicate for 3,000…

1Opinion of the Court

SANBORN, Circuit Judge.

The salient feature of this case is that the corporation which received from the mutual agent of the vendor and purchaser the certificate of the stock here in question properly indorsed for transfer and a regular request from the registered stockholder, Wolcott, arid from the intermediate vendor, Delamater, and the purchaser, Mrs. Carleton, to transfer it to her; refused to make the transfer ánd' delivered the certificate and the assignment to the agent of A. Wolcott without the knowledge or consent of Mrs. Carleton, the purchaser, who had paid $2,000 for it, or of the…

2Cases cited45 opinions

  1. Burgess v. SeligmanSupreme Court of the United States · 1883
  2. Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
  3. Lehigh Mining & Manufacturing Co. v. KellySupreme Court of the United States · 1895
  4. Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
  5. South Dakota v. North CarolinaSupreme Court of the United States · 1904

40 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
  2. Corabi v. Auto Racing, Inc.Court of Appeals for the Third Circuit · 1959
  3. Hickey v. JohnsonCourt of Appeals for the Eighth Circuit · 1925
  4. United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
  5. Austin v. HaydenMichigan Supreme Court · 1912

25 more not listed; retrieve them via the Exa API.

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