Webb v. Graniteville Manufacturing Co.
Webb v. Graniteville Manufacturing Co.
Opinion of the Court
The opinion of the court was delivered by
Paul, the guardian of the infant plaintiffs, took from the defendant corporation a certificate of shares of the capital stock of that corporation belonging to his wards in his own name as guardian. He placed it with a blank endorsement in the hands of Davant, his counsel, for purposes connected with his administration as guardian. Davant hypothecated the certificate to the Savings Bank of Augusta for money loaned for his personal use. Hickman, who was president of the bank, and also president of the Graniteville Manufacturing Company, purchased, with Giles, the stock from the bank, and had the stock transferred by the defendant corporation to such purchasers. To show authority on the part of Paul as guardian to sell the stock, an order of the Circuit judge of the second circuit was produced, claimed as authorizing the guardian to sell the stock for the purpose of changing the form of instrument. Objections were made to this order that need not be considered, for no sale of the nature authorized was made under it. As the title of the stock stood in the name of Paul and the beneficial interest in the plaintiffs, his wards, Paul was a trustee for plaintiffs’ use. These relations were sufficiently declared by facts appearing on the face of the certificate and the books of the corporation. The stock previous to the transfer to Paul as guardian stood in the name of Fielding and Hill, as executors of Burwell McBride. The plaintiffs are the children of Burwell McBride. The transfer to Paul as guardian was made with full knowledge on the part of the corporation of the source from which information might have been derived as to the persons represented by Paul, and it must be assumed that the defendant corporation either had full knowledge of the persons entitled as beneficiaries under the trust, or improperly neglected to inform themselves on such subject. The company were, therefore, apprised of the rights of the parties and
The judgment dismissing the complaint as to the Granite-ville Manufacturing Company must be reversed and the cause remaneced to the Circuit Court for judgment for the plaintiffs against both defendants.
Decree reversed.
Post. Case No. 720.
Reference
- Full Case Name
- IDA WEBB, BURWELL McBRIDE, SARAH McBRIDE AND WILLIAM McBRIDE v. THE GRANITEVILLE MANUFACTURING COMPANY AND CHARLES L. PAUL
- Status
- no guardian ad litem appointed
- Syllabus
- Certain stock stood upon the books of a corporation in the name of two persons “ executors of M.” It was then transferred to “ P., guardian,” and a certificate issued in the same name. P. was in fact guardian of minor children of M. P. endorsed the certificate and put it in hands of D., an attorney-at-law, for safe keeping. Under a petition in P.’s name, setting forth that this stock was the property of P.’s wards under the will of M., D. procured an order from the Circuit judge permitting a sale and re-investment. D. then assigned the certificate to a bank as collateral security for the repayment of money borrowed for his own purposes. Failing to repay, stock was sold, and purchased by the bank by whom it was after-wards transferred to H., president of the bank, who was also president of the corporation, and to G.; transfers being made on the corporation books from “ P., guardian,” to the bank, and from the bank to PI. and G. Held, that P. held as trustee, and that the books of the corporation, the certificate of stock and the order of the judge (which alone could give authority to the guardian to sell, and a knowledge of which, therefore, must have been had by the purchaser,) were sufficient to put PI. upon inquiry, and so charge him with a knowledge of the trust and conversion ; and that his knowledge in this matter was the knowledge of the corporation of which he was the president.