64 Md. 534 | Md. | 1886
delivered the opinion of the Court.
The plaintiff below' (now appellee) alleged that he sold the defendant thirty shares of the stock of the National Express and Transportation Company (partly paid up) and that the defendant neglected to have the shares transferred to himself on the books of the company, and that the company, through its assignee having called for an assessment on said shares, the plaintiff was compelled by suit to pay the same. He sought to recover from the defendant the amount so paid.
On the supposition that the plaintiff’s averments were sustained by proper proof, we think that his claim was well founded. The object of the sale of the stock must have been to denude himself of all interest in it, and to transfer it to the purchaser. Henceforth, all advantages arising from the ownership were to accrue to the purchaser, and all burdens arising therefrom were to be borne by him. It is simply impossible to suppose that, in making the contract of sale, the parties intended that the seller should pay future assessments for'the benefit of the purchaser. It would be just as reasonable to infer that he was to receive any future dividends which might be de
We see no reason for a reversal.
Judgment affirmed.