Jones v Garcia del Rio
| Jurisdiction | England & Wales |
| Judgment Date | 24 July 1823 |
| Date | 24 July 1823 |
| Court | High Court of Chancery |
English Reports Citation: 37 E.R. 1113
HIGH COURT OF CHANCERY
Distinguished, Turner v. Moy, 1875, 32, L. T. 58.
[297] jones . garcia uul Rio. Jutyu, 14, 24, 1 [Distinguished, Turner v. May, 1875, 32 L. T. 58.J Some oE the holders of scrip or shares of a loan cannot file a bill ou behalf of themselves and the other holders to have their subscriptions returned. Several persons having distinct demands, and not being able to sue on behalf of themselves and others, cannot bo co-plaintiffs. The cases in which a bill can be filed by one person on behalf of himself and others, are cases in which the others have a choice between that and nothing. This was a bill filed by three persons, on behalf of themselves and all other the holders of scrip or shares of the Peruvian loan, against John Garcia del Bio and James Paroissien, who were stated by the bill to have come over from South America-in the character of envoys and ministers, from a government styling itself the Peruvian government, to this country, and to have represented themselves to be empowered to contract for a loan for the use of the said government, and against Thomas Kinder the younger, the contractor for the loan, and William Everett and others, the bankers to whom the subscriptions for the loan were paid. The bill prayed, that an account might be taken of the monies which had been advanced and paid by the plaintiffs and the other holders of scrip or shares of the loan who should come in and claim the benefit of the suit, and that the plaintiffs and such other holders as aforesaid might be declared entitled to have what they had so paid returned to them, and to have the monies paid to and remaining in the hands of the defendants the bankers applied for that purpose, and that an account of such monies might be taken, and that the same might be applied accordingly, and that in the meantime the defendants the bankers might be restrained from parting with such monies, and the other defendants from receiving or disposing of the same. It appeared by the pleadings, that in October 1822 the defendant Kinder entered into a contract fnr a loan of money to the defendants Garcia del Rio and Paroissien for the service of the state of Peru, to be in part secured by bonds of the Peruvian government payable to bearer ; [298] that a great number of persons afterwards purchased from Kinder scrip or shares of the loan ; that the scrip having been in many instances sold by the original...
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