SHARES DISPUTE.

Greymouth Evening Star, 19 July 1918, Page 2

SHARES DISPUTE.

JUDGMENT IN AN APPEAL CASE Reserved judgment was given by the Chief Justice (Sir Robert Stout) in the Supreme Court recently in a ease on appeal heard last Avcek. Frodk. Jolin Lysnar, sheepfarmer, of Gisborne, Avas appellant, and the Mammoth Molybdenite Mines (No Liability) Company, respondents. The appeal Avas against a decision of Mr. S. E. McCarthy, S.M., in an action Avhcrein appellant claimed relief in respect oi allotment money (2s Cd. per share) on 500 shares in the company, also for one call of 2s. pershare. The Magistrate decided in favour of the company for .£62 10s, Avith costs £6 Ids 6d. The 'grounds of the appeal Avere that this judgment Avas erroneous in matter of fact and Avrong in point of law, that there Avas no evidence to support the judgment and that no contract Avas disclosed. His Honour decided that the Magistrate had jurisdiction to give judgment for the payment .of the sum of money due by the appellant to respondent company. The allotment Avas not a call, and therefore the provisions of section .’317 of the Companies Act had no application to the amount sued for. The appeal Avas dismissed Avith costs ,£7 7s. At the 1 1 earing of the appeal Mr. T. Neave represented appellant, and Mr. D. M. Findlay respondents.