Rigler
Homestake Oil Co. v. Rigler
Opinion
Lead Opinion
Neterer, J.
Appellant seeks relief from a judgment in the lower court for dividends on its corporate stock held by appellee. Appellee, as receiver of a bank, in his complaint alleges his official relation and indebtedness to the bank by one Julius C. Peters and transfer and assignment of 6,000 shares of the capital stock of the appellant company as collateral security for such indebtedness, and alleges that at the time of the assignment and transfer it was agreed between Peters and the receiver that all dividends which should be declared on the appellant’s stock held by the receiver should be paid to the receiver; that the receiver remained the holder of such certificates of stock and indebtedness and assignment during all of the times involved in this suit, and that, after such assignment, dividends were declared upon the stock held by the receiver in the sum of $3,000 for the year 1924 and in a like sum for the year 1925; that on the 23 d day of February, 1924, or immediately thereafter, the receiver gave notice to the appellant that he was the owner of such shares of stock, and entitled to all dividends declared thereon subsequent to the 23d day of February, 1924, and that thereafter…