APPEAL COURT.

Hawera Star, Volume XLV, 1 July 1925, Page 11

APPEAL COURT.

A TARANAKI CASE. (BY TELEGRAPH. PRESS - ASSOCIATION.) WELLINGTON, July I. The Court of Appeal was engaged this morning in hearing the appeal of the Taranaki Farmers’ Meat Company, Ltd., against an oral judgment -of Judge Ostler at New Plymouth. Dann le Cren Morgair is the respondent and plaintiff in the action against the appellant company to have a contract to have shares taken in an issue of 12,000 £5 preference .shares rescinded and nis name removed from the register and his money returned to him, upon the alleged grounds of false representations as to the opening of the company’s works and the carrying on off freezing on consignment and of financial arrangements made and to be made with the Bank of New Zealand. The original 1 action was concerned with the respondent appearing for himself, and in a- representative capacity for 112 other subscribers to the company’s issue. The statement of claim was ordered to be struck out of the list of causes so far as it related to plaintiffs other than Morgan, on the ground that a wrong form of procedure had been adopted, and also that further particulars should lie given of the alleged false representations. On t-tie question as to the correct method to bring other subscribers before the court-, the Judge stated that they should be joined as co-plaintiffs, so that they lvould not lose their right to have the contract rescinded and. would not be liable to contribute for the benefit- of creditors the unpaid balance of calls on their shares. The appeal is against this order for joinder. • ’* Mr. D. R. Hoggard appeared for the appellant company, and Mr. L. M. Moss for respondent.