The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-08-19

at the delivers
Waimanalo
but X did the
cancel the
to ] and
The statute Sec 2ole Civil Laws
delivery
entitled surrenderng
transfer shall be valid
transfer
have been recorded the
the
the o the shares transferred
Held the stock
and D.
transfer not being by endorsement nor in omnpee
corporation rightly refused
record remedy of
OPINION WHITING j.
The parties appear in this
without action
Gour petitioners Jonah Kalananaoe and David Kawanana
koa the part and Walter NJ Gfard Treasurer of
Waimanao Sugar Company coronation on the other mart
respectfully represent
That they parties a question in difference which
might be the subject of action before Judge cham
bers and have agreed containing upon
which the controversy depends and herewith present subm
sion of the to the Justices of the Supreme Court
The facts which the controversy depends follow
Jonah Kalananaoe and David Kawananakoa claim be the
owners of fifteen shares of the Wmanao Sugar Company
OF deed from kapioani of which is hereto annexed
marked Exhibit "a and made hereof and by virtue of
delivery of said certificate from said Kapiolan
ananaoe and David kawananakoa and have demanded of said
Walter NJ Gfard, Treasurer Waimanalo Sugar Company
that he cancel said certificate and
of said Jonah Kalananaoe and David Kawananakoa
that the said Walter NJ Gard Treasurer said
Sugar Company has refused cancel such certificate and
certificate requested the ground that said cer
cate is not endorsed'by the said Kapolani,
"Ihe question for the determination of the whether
said Walter NJ Giard be compelled proper
Jonah Kalananaoe and David Kawananakoa."
By the deed annexed the Queen Dowager Kapoan conveys
to said Jonah and David certain real and also doth e
convey, and give them al personal property belonging
her, that is bonds stocks leases furniture ewery, cattle and
horses and all other personal situate the Hawaiian
Islands in and for their executors admins
traitors and assigns forever
By this deed and the delivery of the shares of
the title passed and became vested in Jonah and David
Sargent Franklin ms. Co., Pick Sargent Essr
Marine Ry Co., Pick. 201; Com. Bank of Buffalo Kort
alright, % Barb 34s Com. Crompton 1877 Pa ST. 1s9
The usual form of transfer of certificates of stock enable
them to be registered in the books of the corporation and
certificate obtained by endorsement by assignment with
power of attorney to register the transfer of the stock
It does appear the submission of this whether the
Waimanalo Sugar Company has bylaw regulating the
stock but by Sec of the Civil Laws is provided
Whenever the capital stock of any corporation divided
and the certificates thereof issued transfer of the
be made by endorsement and delivery of the ce
The endorsee shall be entitled a certificate
suenderng the old And transfer shall be valid except
thereto until such certificate shall have
obtained shall have been recorded the
corporation show the date of the transfer
the parties thereto their places of abode and the number and
description of the shares transferred
The transfer in this is strict conformity with the
law and if the corporation satisfied accept this equitable
title require the parties bring the matter before court
equity where protect itself through order of such
court may able nterpead other parties who might
be in interest.
Equity will compel transfers. 2 Thomp Corp s. 1925
We that the holders of the certificates of stock