Ex parte The Rhydydefed Colliery Company, Glamorganshire Ltd the same Company and of The Joint Stock Companies Acts, 1856, 1857
| Jurisdiction | England & Wales |
| Judgment Date | 26 June 1858 |
| Date | 26 June 1858 |
| Court | High Court of Chancery |
English Reports Citation: 44 E.R. 1199
BEFORE THE LORDS JUSTICES.
[80] Ex parte the ehydydefed colliery company, glamorganshire, limited. In the Matter of the same company and of the joint stock companies acts, 1856, 1857. Before the Lords Justices. June 26, 1858. A person, claiming to be a creditor of a limited company, served a demand under sect. 68 of the Joint Stock Companies Act, 1856, and, the company not having paid, secured or compounded for the sum claimed, he presented a petition for winding up. It did not appear that there was any ground for supposing the company unable to pay its debts, and the company disputed the debt, there being unsettled accounts between the company and the Petitioner, so that it could not, on the materials before the Court, be ascertained whether anything was due to the Petitioner or not. Held, that the petition ought not to be dismissed, but it was ordered to stand over till it had been ascertained by proceedings at law whether the Petitioner was a creditor or not. This was an appeal by the company from an order of Mr. Commissioner Fonblanque. The company had originally been formed on the cost-book principle ; it was afterwards, in 1855, dissolved and reconstituted, the new company being provisionally registered under the 7 & 8 Viet. c. 110; and ultimately it was incorporated as a limited company under the Joint Stock Companies Act, 1856. Mr. Sidney Pottinger Harris was the manager of the company at a salary till February 1857, when he was discharged. In the course of his employment large sums of money belonging to the company passed through his hands, and at the time of his dismissal there was an unsettled account between him and the company in respect of them. On 20th February 1858, Harris served on the company a demand for £745, 8s. 8jd., which he alleged to be due to him for arrears of his salary, and upon the balance of accounts; he asserting that, independently of his salary, the balance was in his favour. [81] The company did not dispute that some arrears of salary were due to Harris, but they asserted that he had not rendered any proper accounts, and that it was, therefore, not established, and they disputed it being the fact, that anything was due to him upon the whole. On the 23d of February 1858 the company commenced action against Harris to recover...
To continue reading
Request your trial
-
Re GFN Corporation
...Q.B.S. Pty. Ltd., Re, [1967] Qd. R. 218, considered. (15) Rhydydefed Colliery Co., Glamorganshire Ltd., Ex p.ENR(1858), 3 De G. & J. 80; 44 E.R. 1199, considered. (16) Russian Bank for Foreign Trade, In re, [1933] Ch. 745; (1933), 102 L.J. Ch. 309; [1933] B. & C.R. 157, considered. (17) Rus......
-
Re The Amicable Insurance Company, ex parte C. G. Malone
...17 C. B. N. S. 765. (3) L. R. d H. L. Eng. & Ir. App. 242. (4) 4 De G. & Sm. 400. (5) 4 De G. & Sm. 590. (6) 2 De G. M. & G. 271. (7) 3 De G. & J. 80. (8) 4 De G. M. & G. Bank'', 542. VOL. VI.] EQUITY SERIES. 277 of decision that, if the authorities are to be reviewed, it can only be Ch. Ap......
-
The Catholic Publishing and Bookselling Company Ltd
...Mussell (6 Law T. (N. S.), 138). The Court has jurisdiction to make such an order as has been made; Be PJiydydefyd Colliery Company (3 De G. & J. 80). The evidence establishes that a debt is owing by the company to the Petitioners, and that the company is unable to pay its debts. The twenty......