« AnteriorContinua »
an affidavit that it was not the custom, in the course of business, to require a written memorandum, where there was a deposit of shares, under the circumstances stated in the petition.
The only question on the petition was as to the costs.
Mr. Bacon, for the petitioners, contended that, although there was no written memorandum, the case did not come under the class of mortgagees' petitions without a written memorandum ; and that, by reason of the circumstances stated in the affidavit
as to custom and course of business, it came under the class of mortgagees' petitions with a written memorandum, the evidence of custom and course of business having the effect of a written memorandum. He cited Ex parte Sheppard (1).
Mr. Brodrick, for the assignees.
SIR J. L. Knight BRUCE said that he thought that the costs should be given as in the case of deposit with a written memorandum.
(1) 2 Mont. D. & D. 431.
TO THE SUBJECTS OF THE
CASES IN CHANCERY AND BANKRUPTCY,
LAW JOURNAL REPORTS,
Vol. XXVII.--XVIII. New Series.
Accumulations- By deed of settlement in 1817 R.
vested stock in trustees, and directed them to accumulate dividends during joint lives of A. and his wife, and upon decease of A, to pay dividend to his wife if she survived her husband for life, and upon her death, stock, with accumulations, to go to her daughter upon attaining twenty-one. Direction to accumulate good for so much of joint lives of A. and his wife as expired during life of settlor. Rosslyn's Trust, 98 - Testator devised real estate to trustees, upon trust for A. for life; and directed them, after death of A, to accumulate rents for twenty-one years from death of A, and, at end of that period, to divide accumulations in manner mentioned in will. Will did not contain any residuary devise or bequest. Testator died in 1824, and twenty-one years from his death expired in 1845. A. died in 1837, and twenty-one years from death of A. Would expire in 1858. Heir-at-law entitled to interest of fund accumulated between 1837 and 1845, and rents of property until 1858. Bequest of fund to be divided among children of A, children of B, children of D, and to E, if he should then be living, and, if not, E.'s share to be divided into four parts, and paid to children of A, B, C, and D. "in manner aforesaid." Fund divisible among children per stirpes and not
per capita. Netileton v. Stephenson, 191 Acquiescence. See Company. Administration of Estate-İn creditors' suit against
administrator of intestate and assignees of administrator, who afterwards became bankrupt, no costs of suit given to bankrupt or his assignees. Assignees not entitled to costs of petition served on them by equitable mortgagee, not party to suit, praying payment to him out of court of monies arising from sale of mortgaged estate, not sufficient to pay principal and interest monies, and to sale of which he had consented. Carr v. Henderson, 39 - Plaintiff, one of class of persons interested in testator's residuary personal estate, who files bill for its administration, entitled to costs of suit out of fund generally; but if some of parties beneficially interested have incumbered or absolutely assigned their portions of fund, costs of assignors only
Index, Chanc. of Bankr.
allowed, to be paid to their assignees respectively, and rest of costs incurred by assignees to be satisfied out of assigned shares respectively. Greedy v. La
vender, 62 -- Costs of proceedings in Ecclesiastical Court in
curred only for purpose of making suit complete, borne by general fund. Cotton v. Penrose, 128 - Fund settled on A. for life, with remainder to B.
and others. B. mortgaged his reversionary share to C, and was afterwards convicted of felony. In suit for administration of fund, to which Č. and Attorney General defendants, Attorney General not entitled to his costs out of general fund. Kitchener
v. Kitchener. 152 - Creditor, who without notice of decree in administration suit, had commenced action in Scotland against administratrix, and afterwards had come in under decree but declined to undertake to discontinue his action, fixed with costs of motion for injunction to restrain proceedings at law. After decree in administration suit, creditor not allowed, in first instance, to proceed at law to ascertain claim, on grounds that cause of action arose in Scotland, witnesses resident there, and questions of Scotch law involved. Graham v. Maxwell, 225 ---A, legatee under will, assigned interest to B. for benefit of creditors. Suit instituted for administration of testator's estate, to which A. and B. parties. A. joined with other legatees in his answer; B. an. swered separately. B. not entitled to costs out of testator's general estate. Heywood v. Grazebrook, 303
- In creditors' suit directed to try consideration of bond given by testator to his son, it being admitted that executor bad at time of transactions between himself and bond creditors sufficient assets of testator in his hands to satisfy amount of those debts, executor was entitled to prefer them to others of equal degree, and to be allowed payment of them in passing his accounts. Immaterial to consider whether assets converted into cash for purposes of those transactions; they not being invalidated by omission of actual payment of cash or delivery of goods of equivalent value by executor to those creditors. Executor defendant in suit, ordered to be
privileged from arrest while attending registrar's
attorney died three years before term expired, and
See Orders of December 29, 1848, 503
plaintiff at law in trial of issue. Motion by him,
worth v. Heslop, 352
stock since time of sale. Turner v. Maule, 454
in order to strengthen his case, cannot be used on
Upon motion by way of appeal against an order
filed after order cannot be read. Parkyn v. Cape, 392
after order to take bill pro confesso, destroys effect
irregular. Bainbrigge v. Baddeley, 385
costs. Kennedy v. Lewis, 455
queathed annuity of 1001. to his son for life, after
though no interest in subject-matter of it, entitled
Court to submit all matters in difference to arbitra-
Banker-At time of bankers suspending payment,
joint account of A. and B. indebted to them, but
Right of wife to jointure under deed of arrange-
plaintiff to amend, and plaintiff fail to amend, pro-
son v. Emerson, 50
August 1841, plaintiff not compellable to omit in-
terrogatory part. Mason v. Brest, 105
dant became bankrupt, and plaintiff obtained com-
- See Amendment. Costs. Parties,
Cathedral. See School.
charity, survivor of whom died intestate, leaving
Bath and Allorney General v. Blair, 275 - See Mortmain. Power. Will. Charter. See Discovery. Chose in Action. See Will. Company - Shareholder in trading company filed bill
on behalf of himself and all other shareholders, except defendants, complaining of acts done by directors and others, injurious to interests of company. Suit not authorized by general meeting of shareholders; but acts complained of done in pursuance of resolution passed at general meeting, and within general powers of company. Demurrer on part of company for want of equity allowed, upon ground that individual shareholder not entitled to be plaintiff in suit for such object. Lord v. Copper Miners, 65 --- General demurrer to bill by three directors against company for repayment of money lent by them to company, allowed, such case being within sect. 29. of 7 & 8 Vict. c. 110, which invalidates contracts with company in which directors personally interested as contracting parties. Teversham v.
Cameron's Railway Co., 177 --- Winding-up Act, 11 & 12 Vict. c. 45.-Company,
incorporated by act of parliament in 1830, authorized to raise capital in shares, and empowered to make pier and works for landing passengers and goods, not within Winding-up Act. Herne Bay Pier Co., 71
-- Contributories not precluded from obtaining order for dissolution and winding up of company by pendency of suit instituted on behalf of shareholders in joint-stock banking company, for purpose of making directors personally liable for losses sustained, no decree having been obtained, and no debts of company remaining unpaid. St. Marylebone Banking Co., 81
-- Shares in joint-stock banking company were purchased for benefit and transferred into name of infant, but dividends received by father, who executed deed of covenant for payment of instalments and observance of covenants in deed of settlement, by son, and to indemnify bank against losses by reason of son being under twenty-one, or on account of payment of dividends. Father liable as “contributory." North of England Banking Co. ex parte Reavely, 110
- Purchaser of shares in joint-stock company transferred them into name of another, in trust for infants. That other accepted trust and received dividends, and afterwards signed instrument, whereby be declared himself trustee of shares, but was indemnified by purchaser. Purchaser not a “con
tributory." North of England Banking Co. ex parle Penurick, 112
Mining company on cost-book system, formed before passing of Winding-up Act, not within its operation. Although case within strict letter of act, yet if action arise out of dispute between shareholder and company, and not from their inability to pay, shareholder not entitled to order for winding up concern. If tests directed by act to be applied to try solvency of company, strictly and literally apply to particular company, but presumption arising therefrom is rebutted by evidence, so that there is no reason to believe company insolvent, Court will not
interfere. Wheal Lovell Mining Co., 139 - Order being made for winding up affairs of banking company, notice served upon party, that official manager proposed to insert his name as contributory, as representative of deceased brother who had no legal personal representative, but dividends had been paid to surviving brother. Under that notice Master only jurisdiction to decide whether party a contributory in character mentioned in notice. North of England Banking Co. ex parte Glaholm, 147
- Former member of joint-stock company, whose shares transferred within three years prior to date of order for winding-up, properly placed in list of contributories, to be settled by Master under sect. 74. of Winding-up Act. North of England Banking Co. ex parte Hawthorn, 179
-- Affidavit of service of petition for winding up affairs of company under Winding-up Act, served on one of members of company, necessary, although member served appear by counsel at hearing of petition. Tring, fc. Railway Co., 242
- In proceedings under Winding-up Act, Master made order appointing A. and B. official managers, and approved of Messrs. G. as solicitors, and directed Messrs. G. to attend him, and ordered all persons who had any writings relating to company to leave them at office of Messrs. G. Order discharged on motion, so far as related to Messrs. G, on ground that B. had not concurred with A. in appointment of Messrs. G. as solicitors. Master has authority at any time after commencement of proceedings in his office, to discharge petitioner from further attendance. Et parle
Bass, 245 - --- Liability of shareholder as contributory con
fined to losses occurring after contract to take shares. North of England Banking Co. ex parte Sanderson, 248
- A. died possessed of shares in banking company, and deed of company provided that executor of deceased shareholder should not be entitled to be shareholder until he had gone through certain formalities, and A. died possessed of shares in company. A.'s executor, who had taken no steps in respect of shares, properly put on list of contributories in character of executor. North of England
Banking Co. ex parte Thomas, 249 ---- By deed of settlement of banking company hus
band of female shareholder not entitled to be shareholder until he had gone through certain formali. ties. A. married B, female shareholder, and did not comply with formalities, but received dividends on shares, and signed warrants “ A. pro B." A. properly on list of contributories. North of England Banking Co. ex parte Burlinson, 250 ---- So also where A. married B, female shareholder, but took no steps whatever in respect of shares, and never received any dividend. But, semble, in such case name of B. should be on list with that of A.
North of England Banking Co.ex parle Sadler, 251 --- In 1842 A, previously to her marriage, by deed
assigned shares in banking company to H. in trust
for her, for her separate use. Bank stopped pay-
land Banking Co. er parte Hall, 252
to stand in his name, for purpose of being afterwards
- Shareholder in steam packet company trans-
---- So where A, in consideration of sum paid by B,
Co. ex parle Pim, 259
shares in it allotted to A, on which he paid deposit
n proof of existence of some test of insolvency
- -- At extraordinary general meeting of joint-stock
company, resolution passed by majority of share-
- See Evidence. Lien. Railway.
- Bill against husband and wife; husband, after
insufficient. Steele v. Plomer, 209
perfect title which he, as volunteer, and without
and B. had together made various etchings for their
tion be continued. Prince Albert v. Strange, 120
their body and their powers, taken to be a corpo-
dismiss upon payment of plaintiff's debt and costs,
certain classes of costs. Kenny v. Beavan, 64
bill of costs for parliamentary business upon scale