91 So. 634 | La. | 1922
Plaintiff attached, in the hands of the Commercial National Bank of Shreveport, certain shares of oil stock, standing in the name of defendant and indorsed in blank, against which the garnishee had issued its so-called negotiable trust receipts, promising to deliver the stock to the order of the defendant upon return of said receipts.
Prior to the attachment, defendant had assigned certain shares thereof to diverse persons, who had notified the bank of said transfers; but the bank had not accepted the transfer and, for reasons satisfactory to itself, had refused to issue new trust receipts to the transferees.
I.
The receipts not being negotiable instruments, their possession did not of itself alone vest in the holders thereof the property in the shares themselves held on deposit by the bank, except between the transferor and the transferee.
II.
And, when the property sold is in the custody of a third person, such delivery takes place only when the order for its delivery has been accepted by the person having the custody. O. C. art. 2247. That is to say such person must either make actual delivery to the purchaser or agree to hold the property for his account. And the reason is this, that the delivery of a thing sold is the actual transferring of the thing into the power and possession of the buyer. O. O. art. 2477. Under the circumstances shown in this case, it is clear that the assignees of the certificate never did obtain possession of and dominion over the stock; and hence it remained subject to attachment by the creditors of the depositor.
Finally, to hold otherwise would be to set at naught the very plain terms of the Uniform Stock Transfer Law (Act 180 of 1910) under which the title to shares of stock can be transferred only by delivery of the stock certificate. See sections 1, 10, 22.
Decree.
The judgment appealed from is therefore affirmed.
Rehearing refused by the WHOLE COURT.