SUPREME COURT.-IN BANCO.

Auckland Star, Volume VI, Issue 1668, 23 June 1875, Page 3

SUPREME COURT.-IN BANCO.

(Before His Honor Mr. Jus bice Gillies.) WILLIAMSON V. PEARSE.

In this case, Mr. Hesketh applied for leave from the Judge to appeal from His Honor's decision to the Court of Appeal at "Wellington.

Mr. Rees, on behalf of the defendant, opposed the application. His Honor, after hearing the arguments on both sides, gave the desired permission to appeal. GREENWOOD V. CROWN PRINCE G.M.C. This was an action brought by the plaintiff, who is the lessee of the Auckland Market, against the directors of the Crown Prince G.M.C. to recover damages for wrongfully striking his name and that of his wife from the books of the Company as holders of certain shares. The facts of the case had been stated before his Honor in Chambers. Mr McCormick, with Mr Laishley, appeared for the plaintiff, and Mr Hesketh for the defendants.

In his opening argument, Mr McCormick contended that under the Act, of 1870, calls to be legally payable must be advertised 14 days, and must have five days clear notice given of the time and place of payment, in.elusive of the day of publication ; this had not been complied with. It was also necessary fhat 30 days' notice of the forfeituro of shares should be given. He maintained that the call being made irregularly, was not legally due; there was no declaration of forfeiture ; no conduct on the part of the plaintiff to constititute acquiescence or a waiver of the irregularity. On the question of damages, Mr MacCormack cited Cotterill v. Van Dieman's Land Company, a similar case in the Court of Queen's Bench, in which t the damages were assessd at the value of the shares at the time of the forfeiture, deducting the price of the calls.

At the conclusion of Mr MacCormack's address the Court adjourned till 2 o'clock.