Page:Federal Reporter, 1st Series, Volume 2.djvu/467

460 PEDEBAL REPORTER. �Webb e Haskell, for complainant. �John Rand, for respondent. �Fox, D. J. Knight was adjudged a bankrupt February 24, 1875. At that time he was the owner of one sliare in the defendant corporation, then, and ever since, standing in liis name on the bocks of the company. Soon after his adju- dication as a bankrupt Knight iled to Canada, taking with him the certificate of this stock, which he sometime after- wards transferred and delivered, in Canada, to one Melvin Stow, of Newry, in this district. The complainant was never informed of this transfer until a few days since, February 6th, ■when, having summoned Stow to give evidence in this cause, he produced the original certificate, and thereupon assigned the same to the complainant, and the same is now filed in court. �The complainant had been informed that Stow had been to Canada, and procured the certificate from Knight, but upon inquiry of Stow he was told that he had returned the certificate to Knight in Canada, and the assignee believed he had so done until he produced the certificate on the sixth of the present month, �The complainant, as assignee, before the commencement of the present action demanded of the company a transfer of this share, and a new certificate to be issued to him as assignee, at the same tendering a sufficient bond of indem- nity, to which no objection was taken either as to its form or the surety; and, the company refusing to comply with the demand, the present suit was instituted on the twenty-ninth of September last. In the answer the defendant admits that on the twenty-fourth of February one share of the stock stood and still remains in name of C. P. Knight ; that dividends to the amount of $30 have been declared on this share and are unpaid, but whether said C. P. Knight is the bankrupt it has no knowledge. It also alleges that it is informed and believes that C. P. Knight, in August, 1874, transferred this share to one Clara P. Knight, and that the same is still her property; that no assignment of the share has ever been pre- ����