SUPREME COURT.-Civil Sittings.

Auckland Star, Volume II, Issue 454, 24 June 1871, Page 2

SUPREME COURT.-Civil Sittings.

SATURDAY, JUNE 24.

[Before His Honor Sir Q-. A. Amey, Zt., : ,t Chief Justice.]

His Honor took his seat on the Bench at 10 o'clock.

Auckland awd Fiji Company t. Rennib. —Mr. Whitaker, instructed by Mr. Bennett, appeared for the plaintiff; Mr. MaeCormick for the defendant.—This was an action by the directors of the above company to recover from the defendant £1050, amount of calls due upon a number of shares held by the defendant at the rate of £150 a share. Mr. John Muir Wayland, Registrar of Joint Stock Companies, produced the articles of association, and proved that the company was duly registered under the Joint Stock Company's Act. The articles of association were read, from which it appeared that the directors had power to make calls upon the shareholders upon notice of 30 days being given of demand for payment, the call to be deemed to have been made upon the day when the resolution authorising it was passed. By another article 15 per cent, was to be charged upon default of calls. There were three issues left to the jury: 1. Are the 'plaintiffs a company registered and incorporated under the Joint Stock Companies' Act.! 2. Is the plaintiff a member of such company, and a holder of shares. 3. Is the defendant indebted to the company in the sum of £1050, calls due on shares held in such company by the said defendant. Thfl defendant denied all the material allegations contained in the declaration.—The following evidence was adduced: —C. Phillips, pupil of Mr. Bennett, solicitor, said he had kept the minute book of the Auckland and' Fiji Cotton Company. On the 9th of February there was a meeting of directors; present, Messrs. J. S. Macfarlane and James Williamson. Two directors were sufficient to form a quorum. It was resolved to make a call of £150 a share, payable on or before Monday, March, proper notice to be served forthwith on every shareholder. Mr. Kennio was a shareholder on that day. Notice of the call was given to every shareholder. The directors were appointed at a previous meeting of shareholders.—Cross-examined : The minutes were written by the witness, and due notice given to the shareholders, Mr. Eennie with others. The following was the substance of the notice:— cr Auckland and Fiji Cotton Company: To John Eennie, Esq.—Suy-At a meeting of. the directors of; the Auckland and Fiji Cotton Company held at the offices, Queen-street; on the 9 th,of February, and payable on or about the 9th day of March. I have to request that on or that day* "will pay the sum of £1050, being the amount due for calls on shares held by you." (it was admitted that the notice reached the hands of the defen-dant.)—rße-examined : The directors were Messrs.^. S. Macfarlane, James Williamson, and James Watt. They were appointed at a meeting":;of shareholders. All the shareholders X have paid up except Mr. Ronnie. Mft Rennie is the only defaulter. Mr., Rennie was manager of the company.— This Mas the ,plaintiff<'s .case.—Mr. MacCormick thought the plaintiff Bhould be nonsuited, on the ground that there Was no notice of c,all to shareholders by the directors. The resolution madfi by, the directors was not sufficient* without notice given to the shareholders by,the^directors or some person duly] authorised by ' tti'em (the notice' was signed O. Phillip, pro directors), and, further, that the time, place, and persona, for payment of pallslshould be appointed.—Mr. Whitaker declined to be nonsuited.—His Honor said be had no power "to nonsuit, but he would reserve leave rto move for a nonsuit or to enter . ,the verdict ~; for. the ■. defendant.—Mr. Phillips was re-called, and said that he was not appointed; before the' calls were made. Had! been appointed seoretary since. Did not see any. resolution.of .the directors appointing or giving him authority.to sign the notice.—The jury, under the direction of His Honpr.gaye a, verdict. s ior the plaintiff on all the issues, subject to the points reserved. His , Honor, appointed Monday for the further hearing of Fernandez v. Orosbie (part heard). Mohi v;. Craig will be taken on Tuesday morning. Jurors, should be in attendance at 10 o'clock.

.. OnJFMay,,a meeting of persons'interested in the formation of a Highlariil Company in connection with the Auckland .Volunteers,, was held afc' the Queen's $erry Hotel. About fifteen persons, were present, and after some discussion the meeting was adjourned; for, a Track. t v., , i |pti r/ .;