RESIDENT MAGISTRATE’S COURT.
Monday, April 10. (Before John Bathgate, Esq., 8.M.)
Albion Brewing Company v. John M ‘Laren was a claim of JA, for calls due. Mr HagSitt for plaintiffs. The defendant, who conacted his own case, disputed the claim on ithe ground that James Brown, who appeared in the published list of provisional directors, was not a shareholder; that he (M‘Laren) bad not aimed the articles of association ; and that he had not received notice of the calls being due.— His Worship decided that it was not necessary that the defendant should sign the articles, of association; and these articles being binding upon him, it was not necessary that he should receive notice of calls, because the eighth article provided when the instalmeuts became due. The defence that James Brcrwn was not a shareholder was scarcely one that that Court could entertain, though it might be a good reason, if true, for setting aaicLe a claim upon the defendant in a higher Court. He could only look at the register of shareholders, which was conclusive evidenoe in that Court, and in it the defendant's name appeared. Judgment would, therefore, be for the plaintiff for the amount claimed with costs.—The defendant objected to professional costs being included; but his Worship said he could not help him. The Albion Brewing Company v. Stan* ell and Stephens were, upon Mr White’s application, adjourned till the 20th inst. In the following cases judgment went by •default: Albion Brewing Company v--Haggie, L4O; same v. Glasaford, Ll6; same 'T. Lewis, Ll3 ,2s 6d; same v. Kilgour, LlO 11s 8d ; same v. Haokworth, L 8 0; same v. -Pain, L2g 9s 2d; Curran v. Bobbins, Lslss; Fenwick v. Jones (of Jones, Basch, and Co.), L 2 5; and Spedding v. Thompson, LI Is.
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https://paperspast.natlib.govt.nz/newspapers/ESD18760410.2.13
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Evening Star, Issue 4094, 10 April 1876, Page 3
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297RESIDENT MAGISTRATE’S COURT. Evening Star, Issue 4094, 10 April 1876, Page 3
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