CLAIM FOR SHARES

Evening Star, Issue 20315, 25 October 1929, Page 7

CLAIM FOR SHARES

IN A. AMD T. BURT, LTD. “UNFORTUNATE HISTORY " OF APPLICATION The application is one that has had an unfortunate history,” said Mr F. B. Adams in the Supreme Court in Banco to-day, when, on behalf of the executors in the estate of Alexander Burt, ironmoulder, deceased, Dunedin, lie applied for an order barring Janies Gilbert Burt, a farmer, of Woodlands, in his claim against the estate. J. G. Burt claimed that he should have transferred back to him 2,000 ordinary shares in A. and T. Burt, Ltd., or their value or equivalent, together with any bonus shares issued in respect to such shares. The executors barred the claim upon the grounds that it was rejected by the executors on March 13, and notice was served .upon the claimant to take legal proceedings to enforce his claim within a period of three months from the date of serving the notice. J. G. Burt had failed to endorse the claim. When the name of the claimant was called in tho court, Mr Adams said ho understood there was no intention on tho part of the person named to attend tho hearing, and he moved that an order bo granted in the terms of the motion. Mr Justice Kennedy pointed out that the affidavits were not in order, there being a discrepancy in the dates on which notice to take legal proceedings was served. The dates were given as March 13 and March 31. Ho suggested that fresh affidavits and motion should be filed. Mr Adams replied that ho would like to be heard on the point, as the preparation and serving of new papers would cost money and time. Ho suggested that the dates could be amended. His Honour said he would take the matter in Chambers. He remarked that tho claimant believed that his claim was well founded in fact. Mr Adams said J. G. Burt had seen one of the executors. He had admitted that he had no legal claim, but he thought ho had a moral claim. His Honour: Even if he had a moral claim, it is strange that ho did not in voke, as he was entitled to, the arbitration of the executors of A. and T. Burt, Ltd. Mr Adams said the claimant had never gone beyond the writing of letters.

The motion was adjourned for further consideration iu Chambers.