Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 559
viii, 704 p. ; 22 cm.View a full description of this book.
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1875.1 THE GALVESTON CITY COMPANY V. SCOTT. 559
Opinion of the Court.
cates were then made ? If Jones had already issued four hundred
certificates, how was it that some of them were unsold,
and must not be sold at a less price than other certificates, and
while unsold to be represented by Menard, upon a meeting of
the shareholders? The evidence of Green explains, that the
whole of the one thousand certificates of stock were drawn up
and signed in five books, A, B, C, D, and E, four hundred of
which in books A and B, were given to Menard at once, two
hundred in book E, was kept by him "for parties in interest
"under Triplett," and four hundred were delivered to Dr.
Jones.
The evidence of Jones shows that he had never previously
issued any certificates, and that his name in that respect is a
fiction in the deed.
Green says that books A and B were for four hundred
shares, to or by Dr. Levi Jones or Menard, before the compromise,
and which were to be renewed for uniformity in the new
plan. If we examine the certificate one hundred and fiftythree
of the book A, spoken of by Green, we will see that it
was issued by Jones, Johnson, and Green, trustees, "in consideration
of the return of the certificate of corresponding
book and number, as formerly issued by said Levi Jones (one
of the first four hundred shares)." As Jones did not issue it,
we naturally search for the certificate No. one hundred and
fifty-three, in book A, that was issued by some one having
some connection with this matter, and in doing so, by the aid
of Dr. Jones's evidence, we find it in White's book, A, made
previously.
Dr. Jones says that book A was given to Menard to settle
with those who held certificates of shares under White, and the
form in which they were written is consistent with that object.
The reasons why White's name was not mentioned may well be
supposed to be, that White had not consented to this scheme,
which was being organized in direct hostility to his own, and
le, and those holding his certificates, might go on to organize
under his plan; that Yates and Allen, original owners of an
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/567/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .