has  been  issued,  specific  performance  of  an  agreement  to  issue
more  cannot  be  enforced.^

Sec.  52i.  Same— Measure  of  damages  for  refusal  to  issue— Where
stock  not  fuUy  paid  up—The  measure  of  damages  on  the
breach  of  a  contract  by  a  corporation  to' deliver  shares  of  its
stock  to  a  subscriber,  which  are  subject  to  unpaid  calls  by  the
corporation,  is, — as  in  the  case  of  a  sale  of  goods  not  paid
for,— the  difference  between  the  market  value  of  the  stock,  at
the  time  of  the  demand  for  it,  and  the  amount  unpaid  of  the
instalments,  and  interest  thereon.  He  is  also  entitled  to
interest  on  such  difference  from  the  day  of  the  demand  to  the
time  of  the  verdict.^

Sec.  52].  Same— Lost  or  destroyed  certificates— Issuance  ''of
dupUcates.— Whenever  any  company  incorporated  under  the
laws  of  this  state  ,shall  have  refused  to  issue  a  new  cer-
tificate of  stock  in  place  of  one  theretofore  issued  by  it,
but  which  is  alleged  to  have  been  lost  or  destroyed,  the  owner
of  such  lost  or  destroyed  certificate,  or  his  legal  representa-
tives, may  apply  to  the  supreme  court,  at  anj^  special  term
thereof,  appointed  to  be  held  in  the  judicial  district  where
such  owner  resides,  for  an  order  reqiliring  such  corporation
to  show  cause  why  it  should  not  be  required  to  issue  a  new
certificate  of  stock  in  place  of  the  one  lost  or  destroyed.
