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eBook details

• Title: Rothwell v. First Nat. Bank Boston Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 26, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

LUMMUS, Justice. The plaintiff brings this action of tort against the executors of the estate of his father James E. Rothwell for the alleged conversion of six hundred shares of common stock and ten shares of preferred stock of Carr Fastener Company, and twenty-six unregistered bonds of Utah Metal and Tunnell Company. The testimony of the plaintiff was in substance as follows: The plaintiff received three hundred shares of common stock in 1917 as a gift from the father, and received the other three hundred shares in 1921 as a stock dividend. The stock stood in the name of the plaintiff until, early in November, 1927, the plaintiff indorsed all the stock certificates in blank at the request of the father, with the understanding that the father might use them if necessary in making a financial settlement with the plaintiff's then wife Katharine in connection with divorce proceedings pending in Nevada which resulted in a decree of divorce on July 5, 1928, and should return them if not so used. On November 30, 1927, the father caused the common stock to be transferred into the name of a confidential friend, Helen S. Byrne, who held them in trust for purposes prescribed by the father. He caused the preferred stock to be transferred into his own name on July 10, 1928.

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