SUPREME COURT.—IN BANCO.
YESTERDAY. —(Continued. )
(Before His Honor Mr. Justice Gillies). GREENWOOD V. CROWN PKINCE G M.Co!
After Mr Hesketh had replied to Mr McCormick's argument, His Honor delivered judgment for the plaintiff, with costs. Damages, Is. In delivering the judgment His Honor said he was of opinion tbat the plaintiff's argument had failed on the question of due notice of the calls being due, but was made out on the second ground, viz , that no declaration of forfeiture had been made by the Company. The expiration of the notice did not in itself constitute forfeiture without declaration. In assessing the damages he had been guided by the practice in cases in trover, which the present suit nearly resembled. In those, it was usual to fix the damages at the value of the property at the time it was converted. At the time the Company appropriated the shares, they^ were unsaleable, so that he should award merely nominal damages.
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Auckland Star, Volume VI, Issue 1669, 24 June 1875, Page 3
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159SUPREME COURT.—IN BANCO. Auckland Star, Volume VI, Issue 1669, 24 June 1875, Page 3
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