Scherck v. Montgomery

Citations

• 81 Miss. 426

Syllabus

<p>1. Corporations. Stock. Sale. Certificate.</p> <p>A party entitled to a certificate of stock in a corporation may assign liis right, and the assignment is good between the parties, although not evidenced by a transfer on the books of the company.</p> <p>2. Same. Code 1892, l 844. Laws 1894, p. 46.</p> <p>Code 1892, f 844, and laws 1894, p. 46, amendatory thereof, providing that stock in corporations shall be transferrable by indorsement and delivery of the stock certificate and the registry of such transfer on the books of the corporation, simply protect creditors and fix liability for unpaid subscriptions for stock.</p> <p>3. Same. Mandatory injunction..</p> <p>The assignee of a right to have a certificate of stock in a corporation issued may sue in equity, and is entitled to a mandatory injunction enforcing the right, and may make adverse claimants of the stock co-defendants with the corporation.</p>