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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 359   View pdf image (33K)
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COHEN VS. GWYNN. 359
share, and the said Mendez I. Cohen may deliver up three shares
of his stock to be cancelled, so that the value of said four shares
may bo divided among the other stockholders.
Mendcz I. Cohen, by his answer, under oath, sets up the de-
fence that he is a bona fide holder and purchaser of the stock
held by him in the said theatre, for value paid, and without
notice, knowledge or belief of the existence of any arrangement
or understanding between the said B. I. Cohen and the other
trustees at the time of his purchase, and that he is not respon-
sible in any way for the failure of the said B. I. Cohen, to com-
ply therewith if any be established. He admits that he knew
from the transfer books, that the trustees, other than B. I.
Cohcn, had stock in their names, and no doubt he has so stated.
He further admits that he purchased stock from the house of J.
I. Cohen & Brothers, in which the said B. I. Cohen was inter-
ested aa a partner, and it may be that his interest in the stock
they held ascertained by his interest in that house exceeded four
shares, but with that he submits he has no concern and has no
knowledge.
The proof taken, and the other proceedings in the case upon
this petition, and the exceptions, are sufficiently stated in the
opinion of the Chancellor.]
THE CHANCELLOR :
This case comes before the court upon exceptions to the re-
port of the Auditor, but the agreement of counsel filed on the
12th inst., reduces the questions in controversy to two.
The first of these, and the only one which has been argued,
has respect to the ownership of the two shares of stock in the Hol-
liday Street Theatre, the proceeds of the sales of which, made
under a decree of this court, are now to be distributed. The
shares in controversy are designated by the numbers 44 and 76,
and were together with thirty-three other shares of like stock
transferred to Mendez T. Cohen, by J. I. Cohen, Jr. & Brothers,
on the 14th of June, 1841.
It appears by the transfer book that shares numbered 44 and
76, were transferred to B. I. Cohen, who was a partner in the

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 359   View pdf image (33K)
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