The Victorian Reports Volume 4
Author | : Victoria. Supreme Court |
Publisher | : Rarebooksclub.com |
Total Pages | : 356 |
Release | : 2013-09 |
Genre | : |
ISBN | : 9781230046754 |
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...acceptance of his application, or of the allotment of shares to him. In Lem'.ta's Case (la), Levita's name had been advertised as a director, he had attended board meetings, and had received fees for so doing. There is no provision in the articles of association for any qualification of local directors. The application for shares was a mere negotiation for the purpose of constituting a. local board, which came to nothing. The acceptance of an application for shares must be communicated to the applicant, in order to make him a shareholder: Pellat's Case, Re Richmond Hill Hotel Coy. (l), per Cairns, L.J., followed by Rolt, L.J., in Gwnn/s Case, Re Universal Banking Corporation (m). There was no real acting as a director by the defendant, and the only scrap of evidence, or rather inference, of his knowing of an allotment to him, is his not demanding a return of the deposit; but that is not evidence of a knowledge of an acceptance. The sum was small, and the company did not prosper. The admission of a loose book with papers pinned into it as evidence of the minutes, would open a door to fraud. Cur. adv. molt. _ PER CURIAM. In this case a verdict was taken for the plaintiff, by consent, damages 165l., leave being reserved to the defendant to move to enter a verdict for him. The first and most important question is whether sufficient proof was adduced of the allotment of shares to the defendant; or in other words, whether there was proof of a contract of purchase by the intending shareholder, as purchaser, from the company, as vendor; such as would, in an ordinary case, be suflicient to bind In a sale by auction the intending purchaser makes a This acceptance the parties. bid, and that bid is accepted by the auctioneer. being...