New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-06-26


Epesched By consideration vi such the fact that
there shares and certificates of stock beyond the osna
agent Of the GomprBy know not how the facts may be IN
this I.ptet nor is laeria 10 the argument Inc C9lpoi
smeu.i in he 70 ore than ts capital because
senue Thus The Lumber Of shares recognized may be
practically nciessed for the that all over Issues are
lot no bow thu thu, the shares are q tina, character No
question Of this kin d arises in he before US.
hs the sued to Kyle va, void in hi; hands. upon
the special ground that the agent could not certify except
upon oIs which old not exist Ia respect TO taa sac
observe fur her, that third person dealing with
ky and taking from him ran.fs, Of the certificate doubt
des with hun uLee taat belief created rgats against
dealt dire city with the # the Company, aud he kne the
conditions bad aen in which the power TO certify dePes
and bad snsfer the books otherwise from
rs h.,ehod Nov DO I ,S grds t be- 90
Issuing the SPURIOUS certificates were wi bin any actual
EtweI which the Corporation ever attempted 70 coulter
not ehsgeabe win knowls Of the extent aud limit
Of his suhoy He known be transfer agent merely
OF and ue shsres, aud in thu, character his
ed TO the certificate IL question and all oter What
ben regular their face
tO:s Which were enui.e presented to tha pae, desins
though il feet the ssen; had authority 70 su them aud
sCGsh tho sxset .AItEt Of his authority was known But
irecy With the ssen' and with that hnowedge it is pre-
such " as ibe situation Of K e.
well in this any other notice special
10 v.s!ness 10 he plaintiffs, The the, appear
IN be finding OF the judge, that Kyle received toe
cate OF for biz but the agents and egoaed
win tbs ysinuns lean BY plsdgng security paid the pro-
eeeds Of The section the But these
rot sr' 10 the plaintiffs They dealt with ye owner
Upon that theory they have rst rely and under.
stand ih'm 10 DO II is the best the will sit CT
IL they choose to take the fcis they actually are and 10 re-
s,rd k,le teeotaor merely between hem and the
ulei tsett Of the Corporation they would in the
pos'oi q an IN MEDIATE dealer with agent receiving from
BIN certificate Of stock ssu,d without authority and this po.
sop az have shown. would be their claim
y9si prefer 10 be Ietsrded and do regard them td
ne' dsain with Kyle as the apparent Of stock
In oreer 10 teep in view the conditions Of tie general
1etmn hh proper 10 state the cocclusons wb.h
sd.r thus Tar estsbiished. They follows. ceI.
hcae ~ss void IN the HANDS kve the holder
~ss fsrdeny ssute, and be paid not!Is FIR IT, IL vas
o VOID IN his hands because issued by sgent without a
uonty hsre eins 10 surrender previous certificate ard
rsifer 10 him on the books actual stock and
su'bcIty was h to bm IL void the stock
Ioessed 70 r-esert had existence and could on ct
sus ne barter CT the COMPANY all the Of
son " tn creation and issue Of sack being exhsuse liz
nHeet TOT conclusion las. msptioneI IL mu.t 81, and
etcerto that IS further result The certificate voi
"f III rosslbie csumsDces ttst De son whatever
"lsop can cis N under the rshts Of slSh, isr
Sses Oh he eoUra 81 reaI sdu hlD .c reb.e.