Keyser v. Hitz

Citations

• 133 U.S. 138
• 10 S. Ct. 290
• 33 L. Ed. 531
• 1890 U.S. LEXIS 1896

Syllabus

<p>After the passage of the act of June 30, 1876, 19 Stat.- 63, savings banks organized in the District of Columbia under an act of Congress, and having a capital stock paid upln whole or in part, were entitled to become national banking associations in the mode prescribed by Rev. Stat. § 5151.</p> <p>A certificate signed by the Deputy Comptroller of the Currency as “ Acting Comptroller of the Currency,” is a sufficient certificate by the Comptroller of the Currency within the requirements of Rev. Stat. § 5151.</p> <p>The record from the trial court must be taken in this court as it was presented to the appellate court below, and an objection to it, not made there, will not be considered here. '</p> <p>A transfer of stock in a bank to a person without his or her knowledge or consent, does not of itself impose upon the transferee the liability attached by law to the position- of a shareholder in the association; but if, after the transfer, the transferee approves or acquiesces in it, or in any way ratifies it, (as, for instance, by joining in an ap- . plication to convert the bank into a national bank,) or accepts any benefit arising from the ownership of such stock, he or she becomes liable to be treated as a shareholder, with such responsibility as the law imposes in such case; and this liability-is the same whether new certificates have or have not been-issued to the transferee after the transfer.</p> <p>The endorsement, by the payee, of a check which appears on its face to be drawn by the cashier of a bank in payment of a dividend due the payee as a stockholder, estops him from denying knowledge of its contents of ownership of the shares.</p> <p>A married woman in the District of Columbia may become a holder of stock in a national banking association, and assume all the liabilities of such a shareholder, although the consideration may have proceeded wholly from the husband.</p> <p>The coverture of a married woman, who is a shareholder in a national bank, does not