Hybart v Parker
| Jurisdiction | England & Wales |
| Judgment Date | 10 February 1838 |
| Date | 10 February 1838 |
| Court | Court of Common Pleas |
English Reports Citation: 140 E.R. 1063
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 27 L. J. C. P. 120; 4 Jur. N. S. 265; 6 W. R. 364. Principle applied, Gray v. Pearson, 1870, L. R. 5 C. P. 575.
[209] hybart v. parker. Feb. 10th, 1858. [S. C. 27 L. J. C. P. 120; 4 Jur. N. S. 265; 6 W. E. 364. Principle applied, Gray v. Pearson, 1870, L. R. 5 C. P. 575.] . It is not competent to the adventurers or shareholders in a cost-book mine to stipulate by their rules that unpaid calls shall be recovered as a debt due from the defaulting shareholder to the purser. This was an action against a shareholder in a cost-book mine to recover calls. The first count of .the declaration stated, that, before and at the time of the making of the several calls thereinafter mentioned, the defendant and others were adventurers and shareholders of and in a certain company of adventurers and shareholders for working certain mines, formed upon the cost-book principle, and called the East Birch Tor Tin Mining Company, and that, by the rules and regulations of the said company before and at the time of the making of the said calls and still in force for and agreed to by the defendant as such adventurer and shareholder and the other adventurers and shareholders therein, authority was and is given to the adventurers present at any general or special general meeting of the adventurers and shareholders of and in the said company, held pursuant to the said rules, to make any call or calls they might think necessary for working the said mines, upon the said adventurers and share holders in respect of their several shares therein; and that by the said rules and regulations it was and is further agreed that all calls should be paid into such bank as the committee for the time being appointed pursuant to the said rules for the 1064 HYBARE V. PARKER 4 C, B,.(N-SJ 210, management of the said company might direct,; within ^fourteen days after such calls should have been made, and that, for the better, enforcing, payment of any call or calls made pursuant to the said authority, and found to be in arrear, the same should be considered, and was thereby declared to be, a debt or .debts due from the share holders or respective shareholders so in arrear: .to the purser of the said company, who, should have power to recover the [210] same as a simple-contract debt or ..debts due to him from such defaulter or respective defaulters, by action at, law in any or either, of Her Majesty's superior or inferior courts; and that, upon the,hearing or trial of any such action, the production of the register :of shareholders in the cast-book, with the minute of the resolution making such call or cal& so iii arrearishould be...
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