Hawthorn's Case
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 16 January 1849 |
| Date | 16 January 1849 |
English Reports Citation: 63 E.R. 1199
HIGH COURT OF CHANCERY
S. C. affirmed, 1 Mac. & G. 49; 41 E. R. 1180.
[571] hawthorn's case. Jan. 16, 1849. [S. C. affirmed, 1 Mac. & G. 49; 41 E. R. 1180.] A., a shareholder in a joint stock banking company, established under the 7 G-eo. 4, c. 46, effectually assigned his shares in the company more than three years prior to the winding up of such company, under 11 & 12 Viet. c. 45. It appeared that there , was at least one other former shareholder in the same situation. Held, that A. had been properly included in the list of contributories, and that it was no objection that his name had been placed on the list upon notice given by a continuing shareholder. Held, also, that if the certificate of the decision given out by the Master to the party appealing differ from the statement on the file of the proceedings, the latter is to be assumed to be the actual decision. On the 2d of January 1847 Mr. Robert Hawthorn, then the holder of eighteen shares in the North of England Joint Stock Banking Company, effectually transferred them to John Cowans, and thenceforth Robert Hawthorn's name was not returned to the Stamp Office. The official managers, one of whom was a continuing shareholder in the company, summoned Mr. Hawthorn to shew cause why his name should not be on the list, under the 81st section of the Act, which provides that it shall be lawful for any person whose (1) An appeal from this decision to the Lord Chancellor has been heard, and ordered to stand over until the result of the proceedings at law is known. 1200 hawthobn's case iDEG.&sM.572. name shall stand upon the list of contributors to summon any person whose name shall not be upon such list, and who shall not have been previously specially excluded therefrom, to appear before the Master, at a day and time to be therein specified, to shew cause why his name should not be included in, or should be specially excluded from, the list; and that, upon the return of such summons, or at any future time, to be fixed by the Master, he shall consider the liability or. alleged liability, or right of the party so summoned, to be inserted in such list, and shall, by writing under his hand, declare whether such party should or should not be included in, or excluded from, the list. [572] The Master, after hearing the parties, settled the list of contributories, including the name of Mr. Bobert Hawthorn as a contributory in respect of eighteen shares, and, as such, liable to debts, liabilities and losses of the company up to the 1st of January 1847. (Fide ante, p. 549.) It appeared that there was at least one other former shareholder who had ceased to hold shares at a period anterior to January 1847. The name of this other shareholder was William Hawthorn. Mr. Eussell and Mr. Bates now moved, on behalf of Mr. Eobert Hawthorn, that his name might be struck out of the list of contributories. There are three different classes of companies to which the provisions of the Winding-up Act apply. First, companies formed under, and regulated by, the stat. 7 Geo. 4, c. 46. Secondly, companies under the stat. 7 & 8 Viet. c. 110. Thirdly, companies under the stat. 7 & 8 Viet. c. 113. It is...
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