Elizabeth Penrose against John Martyr
| Jurisdiction | England & Wales |
| Court | High Court |
| Judgment Date | 01 June 1858 |
| Date | 01 June 1858 |
English Reports Citation: 120 E.R. 595
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 28 L. J. Q. B. 28; 5 Jur. N. S. 362. Discussed, Atkins v. Wardle, 1889, 58 L. J. Q. B. 380.
[499] elizabeth penrose against john martyr. Tuesday, June 1st, 1858. P. directed a bill to a company of limited liability by the name of The S. W. Steam Packet Company, its full name being the S. W. Steam Packet Company, Limited. J. M., who was secretary to the Company, wrote across it " Accepted, payable at Messrs. B. & Co., J. M., secretary to the said Company." The bill was not honoured.-Held, on demurrer to a plea, that J. M. was personally liable to P. under The Joint Stock Companies Act, 1856 (19 & 20 Viet. c. 47), s. 31. [S. C. 28 L. J. Q. B. 28; 5 Jur. N. S. 362. Discussed, AtUns v. Wardle, 1889, 58 L. J. Q. B. 380.] First count: That defendant, at the time of the signing by him of the bill of exchange hereafter mentioned, was an officer, to wit the secretary, of The Saltash Watermen's Steam Packet Company, Limited ; and plaintiff, by her bill of exchange, now overdue, directed to the said Company, to wit by the name of The Saltash Watermen's Steam Packet Company, Saltash, required the said Company to pay to plaintiff 391. 4s. 3d., two months after date ; and defendant signed the said bill on behalf of the said Company as the acceptor thereof. Averment: That the name of the said Company, The Saltash Watermen's Steam Packet Company, Limited, is not mentioned in the said bill of exchange, or in the said acceptance thereof by defendant, in manner required by The Joint Stock Companies Act, 1856; and that plaintiff was and is the holder of the said bill of exchange ; and the same has not been paid by the said Company. Wherefore plaintiff sues defendant, according to the form and...
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