Legal Opinion

Dean v. Nelson

Supreme Court of the United States

Decided December 18, 1870PublishedCited by 23 opinions

Appeal from the Circuit Court of the United States for "West Tennessee; the case having been thus: Thompson Dean, of Cincinnati, prior to the breaking out of the late rebellion, was the owner of a large amount of capital stock in the Memphis Gaslight Company, a corporation of Tennessee, situated and doing business at Memphis, in that State.

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Appeal from the Circuit Court of the United States for "West Tennessee; the case having been thus: Thompson Dean, of Cincinnati, prior to the breaking out of the late rebellion, was the owner of a large amount of capital stock in the Memphis Gaslight Company, a corporation of Tennessee, situated and doing business at Memphis, in that State. In May, 1.861, he transferred his entire stock to one Pepper, secretary of the company, to enable him (Pepper) to make some disposition of it in view of approaching hostilities. On the 11th day of June, 1861, Pepper sold and transferred fifty shares, of…

1Opinion of the CourtJustice Bradley

In determining the questions raised by this record,, the court is of opinion in the first place, that Dean must be regarded as concluded on the question of the sale of his stock. Had the transaction been merely an agreement for a sale upon the terms on which the sale was actually made, and this a bill by the vendees for a specific performance, we should find great difficulty in distinguishing this case from that of Dorsey v. Pachwood. † But here the sale was actually made, and the stock was actually transferred to Nelson, so that, in the absence of fraud, it became absolutely his. And in…

2Cited by23 opinions

  1. Haymond v. CamdenWest Virginia Supreme Court · 1883
  2. Hall v. HallWest Virginia Supreme Court · 1888
  3. Dorr's Adm'r v. RohrSupreme Court of Virginia · 1886
  4. Perkins v. RogersIndiana Supreme Court · 1871
  5. Grinnan v. EdwardsWest Virginia Supreme Court · 1883

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