McDONALD V. INGALL.

Auckland Star, Volume XXIX, Issue 302, 22 December 1898, Page 3

McDONALD V. INGALL.

A most important milling case was hoard in the Supreme Court in Banco, on December. 3rd, when Mr I). B. McDonald, member of the Brokers' I Association applied for a • man- | damns and injunction against . Godefroi Drew ingall. The statement of claim showed that McI Donald wont to search the register of! shareholders of the Taruru Creole Gold Mining' Company, Limited. As McDonald was searching' the register, Ingall took the book from him and refused to allow him to inspect it further. McDonald demanded the in- : spection as aright, but Ingall refused ion the ground that McT?o:iald had ; been taking notes. McDonald claimed ■ the right to take notes, but Ingall ! absolutely refused to allow him, and j McDonald applied for a mandamus ; and injunction. Mr Jackson Palmer appeared for McDonald, and Mr Hesketh for Ing-all. Mr Hesketh submitted (1) that the < jmpany should have been sued and not Ingall; (2) that the Act used the words 'inspect' and did not say 'copy,* so all the right conferred upon shareholders was to inspect and not to copy. iN-'i Jackson Palmer submitted that they'could not sue the company but only the wrongdoer himself, that is Ingall, and that the company could not Vo punished for Ingall's own personal wrongdoing-, and quoted as authority Poulton v. the London and South Western Railway Company, Law Reports1 2, Queen's Bench 5154. Mr Palmer also submitted that the word 'inspect' carried with it the right to ccpy, and quoted numerous authorities, and after quoting the judgment of the Chancery Court this year to that effect in" the case of Boord v. the African Consolidated Company, J Chancery (1898) 590, His Honor stopped Mr Palmer and said he did not require to hear him further, as he agreed with him. Judgment was given for the issue of an injunction against lug-all with costs as in an action in the lowest scale.