SHARES IN COMPANY

Evening Post, Volume CXVIII, Issue 56, 4 September 1934, Page 4

SHARES IN COMPANY

WRONG ENTRY IN REGISTER

UNUSUAL COURT CASE

(By Telegraph—Press Association.)

DUXEDIN, September 3.

An unusual case which came before Mr. Justice Kennedy in the Supreme Court this morning was an'application by Alfred Emanuel Smith to have his name removed from the register of shareholders of Ilatton's Confectionery Company in respect of 500 shares, tho applicant claiming that he had been allotted 1500 shares instead of 1000 which were applied for. «

Counsel said that no scrip had been received by Smith, but he had a receipt for &1000 for 1000 shares. There was no acquiescence by the applicant in respect of the other 500 -shares. Counsel added that tho matter was not contested. • Efforts had been made by solicitors to obtain access to the share register of the company, but the register was not available. One director, counsel said, denied that he was such, and the secretary denied that he held that position. ■ In the meantime the bank had put in a receiver.

In reply to his Honour, counsel said that he had a list of shareholders which showed that the largest holder, Oswald M. Smith, had paid only 2s per share on 9423 shares, while the applicant had fully paid up for 1000 shares.

His Honour ordered that the register of members be rectified by the removal of the applicant's name as a holder of 500 shares, leaving him registered as a holder of 1000 fully-paid shares.