COURT OF APPEAL.

Dominion, Volume 3, Issue 869, 16 July 1910, Page 15

COURT OF APPEAL.

REPUDIATED MINING SHARES. COMPANY LAW. The Court of Appeal, with .the Chief Justice (Sir Robert Stout) and Justices Williams, Edwards, and Chapman on tho bench, was again occupied yesterday with tho appeal relating to tho prospectus of the Shorthand Flat Gold Mining Company, 1 Ltd. Proceedings in this case had been commenced in the Supreme Court, Auckland, by -John- Dawson,- gentleman, of Mount Roskill, who called on tho company to show cause why his name should not ho removed from tho register of members of. tho company, and why ho should not recover tho sum ol £50, 'which he had paid to the company, after alleged misrepresentation by the secretary, William Gray. Mr. Justice Sim had found conflict of cvi--Innce as to the alleged misrepresentation, hut ruled that Dawson was en.itlcd to succeed on tho ground of noncompliance with statutory requirements .u connection with the issue of a" prospectus. Ho had, therefore, ordered that'tho company's register should ho rectified by the deletion of Dawson's name, and that the company should repay the £50 to Dawson with interest at 5 per cent, from September, 1909, until the date of payment. It was against ~ this' judgment that the company appealed. Mr. C. P. ; Skerrett, K.C., with him Mr. C. B. Morison, appeared for the company, v.-hilo tho respondent was represented by Mr. E. W. Burton, of Auckland, and Mr. M. Myers. I After hearing further argument at ' considerable length tho Court reserved | judgment.