The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-01-15
OF
SUPREME
COURT
IN AN IMPORTANT BANK CASE
I'M OGDEN.
Bank Must Transfer Stock Upon Dc.
manufacturer Decision Of the
State Court.

The supreme court afflrmS the judg-
ment OF the second district court in
the case of Herman Mundt against
the CommercialNational bank OF Ogden
and George Dawson, compelling the
Oank to transfer to Mundt's name up
on its books ten shares Of its stock
that Mundt purchased from Dawson
and to issue new certificates OF the
stock TO Mundt.
The supreme court holds that the
bank had no right, except for good
cause. TO refuse to transfer the stock
on its books, nor can corporation
set Itself up as the judge and inquire
into and pass upon the motives of the
assignor and assignee. or question the
consideration upon which The transfer
is based. unless 1t has some claim up
on the stock or some rights against
the assignor, or is notified by third
person not to transfer the stock, upon
the grounds that he has some interest
in 1t which might be lost by the trans.
fer
The supreme court finally disposes
Of the old case of the San Pedro Rail
way company against the Salt Lake
City board of education to condemn
school ground for railway purposes.
In 1905 the railroad company
brought proceedings against the board
to condemn strip of the Uintah
school premises. in the western and
sparsely settled portion of Salt Lake
City. The premises were 292 feet
long by $50 feet wide. A strip AZ IL
feet wide was condemned off the south
end. over which the railroad was built
The board contended that the opera
ton of railroad so near a school.
in view of the noise and the jar Of the
building by passing trains distracting
the attention of the pupils, and the
dangers to the children incident 10 the
operation Of a railroad there, practi-
cally destroyed the whole property for
school purposes so that 1t had TO be
abandoned. The jury awarded $3.50
as the value of the land sought to be
condemned and $1,000 as damages to
Inc portion not sought to be condemn
ed, and found that the whole property
had been destroyed for school pur-
poses.
Judgment Reversed.
The railroad appealed and secured
n reversal, the upper court holding
that the evidence failed 10 establish
that the whole property was destroyed
Tor school purposes. On the second
trial the jury found the value of the
ground sought to be condemned TO be-
$3.50, as before. the damage to the re-
mainder of the premises only $500.
and that the whole property had not
been destroyed. The board appealed.
Later it dismissed its appeal. but the
railroad company had assigned a
cross.error in the appeal relating to
the awarding of interest on the $500
from August 2. 1905. the date upon
which the railroad was let into pos
session, claiming that interest on this
should run only from the date of the
verdict, October l, 1907.
The opinion of the supreme court,
filed Thursday. relates mainly TO the
question of practice and settles for
the first time the full meaning OF rule
&c of the court relating to the fling
OF cross errors In cases on appeal II
also holds against the railroad com
pany as to the matter of the payment
OF interest All costs that have ac-
crued since the dismissal OF the ap-
peal by the board, including the print
ing of the brief. are taxed against the
railroad company.
The judgment Of the second district
court In favor of the plaintiff In the
case of S. n. Cole, respondent, against
The Utah Sugar company and the Sid,
ney Stevens Implement company TO
recover $3S574 as balance due for
sugar beets. Is affirmed,
The supreme court reverses the
judgment of the lower court In favor
Of the plaintiff In the case OF John l..
Mckinney against George Carson In
awarding damages for the trespass OF
soc sheep belonging to Carson upon
McKinney's land. and remands the
case for a new trial.