American Stores Corp. v. Atkins
Supreme Court of Virginia
Appeal from a decree of the Chancery Court of the city of Richmond. Decree for complainant. Defendant appeals. This is a suit in chancery instituted by the appellee, Mrs. Sue Rose Atkins, against the appellant, the American Stores Corporation, a corporation, and its president, to enforce the lien of a certain writing, which was signed on the part of the appellant corporation by its president and secretary and treasurer, and had the corporate seal of the corporation affixed…
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Appeal from a decree of the Chancery Court of the city of Richmond. Decree for complainant. Defendant appeals. This is a suit in chancery instituted by the appellee, Mrs. Sue Rose Atkins, against the appellant, the American Stores Corporation, a corporation, and its president, to enforce the lien of a certain writing, which was signed on the part of the appellant corporation by its president and secretary and treasurer, and had the corporate seal of the corporation affixed thereto, and which was by its terms in effect a chattel mortgage conveying certain personalty belonging to the…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court.
Of the questions presented by the assignments of error, which are all based on the above mentioned defenses, we will first consider the following, namely:
[1] 1. Did the learned chancellor below err in holding that the certificate of deposit for $1,425.00, issued by the Bank of Victoria to John H. Atkins, was for the proceeds of sale of 150 shares of stock belonging to said Atkins and by him sold to J. W. Fowlkes; and that this certificate was therefore the property of said Atkins when it was issued;…
2Cases cited4 opinions
- Crumlish v. Railroad Co.West Virginia Supreme Court · 1889
- Ruffner Bros. v. Welton Coal & Salt Co.West Virginia Supreme Court · 1892
- Deepwater Council v. RenickWest Virginia Supreme Court · 1906
- Merchants Bank v. Goddin & HowisonSupreme Court of Virginia · 1882