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810 ARTICLE 23
An. Code, 1924, sec. 61. 1912, sec. 48. 1910, ch. 73, sec. 37K (p. 69).
65. A person who for value transfers a certificate, including one who
assigns for value a claim secured by a certificate, unless a contrary intention
appears, warrants—
(a) That the certificate is genuine;
(b) That he has a legal right to transfer it; and
(c) That he has no knowledge of any fact which would impair the
validity of the certificate.
In the case of an assignment of a claim secured by a certificate, the
liability of the assignor upon such warranty shall not exceed the amount
of the claim.
As to the warranties of an endorser of negotiable paper, see art. 13, secs. 84 and 85.
As to the warranties of a transferor or endorser of bills of lading, see art. 14, sec. 35.
As to the warranties of a transferor or endorser of warehouse receipts, see art. 14A,
sec. 44.
An. Code, 1924, sec. 62. 1912, sec. 49. 1910, ch. 73, sec. 37L (p. 69).
66. A mortgagee, pledgee or other holder for security of a certificate
who in good faith demands or receives payment of the debt for which such
certificate is security, whether from a party to a draft drawn for such debt,
or from any other person, shall not by so doing be deemed to represent or
to warrant the genuineness of such certificate, or the value of the shares
represented thereby.
An. Code, 1924, sec. 63. 1912, sec. 50. 1910, ch. 73, sec. 37M (p. 70).
67. No attachment or levy upon shares of stock for which a certificate
is outstanding shall be valid until such certificate be actually seized by the
officer making the attachment or levy, or be surrendered to the corporation
which issued it, or its transfer by the holder be enjoined. Except where a
certificate is lost or destroyed, such corporation shall not be compelled to
issue a new certificate for the stock until the old certificate is surrendered
to it.
Cited in McQuillen v. National Cash Register Co., 13 F. Supp. 53.
See also secs. 85 to 88. And as to lost certificates, see sec. 83.
An. Code, 1924, sec. 64. 1912, see. 51. 1910, ch. 73, sec. 37N (p. 70).
68. A creditor whose debtor is the owner of a certificate shall be en-
titled to such aid from courts of appropriate jurisdiction, by injunction
and otherwise, in attaching such certificate or in satisfying the claim by
means thereof as is allowed at law or in equity, in regard to property which
cannot readily be attached or levied upon by ordinary legal process.
An. Code, 1924, sec. 65. 1912, sec. 52. 1910, ch. 73, sec. 37-O (p. 70).
69. There shall be no lien in favor of a corporation upon the shares
represented by a certificate issued by such corporation, and there shall
be no restriction upon the transfer of shares so represented by virtue of any
by-law of such corporation, or otherwise, unless the right of the corporation
to such, lien or the restriction is stated upon the certificate.
Cited in McQuillen v. National Cash Register Co., 13 F. Supp. 53.
An. Code, 1924, sec. 66. 1912, sec. 53. 1910, ch. 73, sec. 37P (p. 70).
70. The alteration of a certificate, whether fraudulent or not, and by
whomsoever made, shall not deprive the owner of his title to the certificate
and the shares originally represented thereby, and the transfer of such
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