Noble v. Learned

Citations

• 7 Cal. Unrep. 297
• 87 P. 402
• 1906 Cal. LEXIS 382

Syllabus

<p>Jury Trial—Legal or Equitable Actions or Issues.—A suit to determine title to stock in a building association, to cancel the certificate representing the stock, to restrain the payment of money on account of the certificate, and to require the issuance to plaintiff of a new certificate for the stock, is a suit in equity, and a jury trial is not demandable as of right under Code of Civil Procedure, section 592, providing that, in eases other than actions for the recovery of specific real or personal property, etc., issues of fact must be tried by the court, subject to its power to order issues to be tried by a jury.</p> <p>Gifts—Assignments of Corporate Stock—Delivery.—An owner of stock in a building association gave to the secretary thereof a list of the persons to whom she wanted the stock assigned, and assignments were made on the back of the certificates. The secretary was given possession of the certificates subject to the owner’s order, and told to hold them until the owner’s death, and then deliver them to the assignees. A few months afterward the owner died. Held, that title did not vest in the assignees, but remained in the owner.</p>