Ness v Angas

ness v anuas May 8, 1840 -A married woman, with the consent of hei husband, the defendant, purchased, with the proceeds of her separate estate, shares rn a Joint-stock Banking Company, and was registered as owner Hei husband received some dividends, and signed receipts as the agent of his wife , he fjlso attended a meeting of the Company, at which none but shareholders weie entitled to be present The Company's deed of settlement piovided, that the husband of any female shareholder should not be a member in respect of such shares, but should be at liberty to sell them, or at his option to become a member on complying With certain requisitions, which the defendant in this case did not do - Held, that the defendant was not a member, for the put pose of execution by scire facias on a judgment against the public officer, under the 7 (Jeo 4, c 40, s 1,1 [S C 6 D Si L G45, 181, J l k 470, 13 ,)ui 874 Applied, jVess v AmiAtioiiy, 1849, 4 -fclx 21 See Uodijsmi v Bell, 18.10, ." E\ 967 ] Scire facias on a judgment obtained against the public offlcei of "The North of 3 EX, 806. NESS V. ANGAS 1071 England Joint-stock Banking Company," against the defendant, as a member for the time being of the Company. Plea, that the defendant was not a member modo et forma; upon which issue was joined. At the trial, before Cresswell, J., at the Northumberland Summer Assizes, IS IS, it appeared, that in the year 1840, and subsequently, Mary Angas, the wife of the defendant, being entitled to an annuity of 2001. a year to her sole and separate use, purchased out of the produce of it several shares in "The North of England Joint-stock Banking Company," which were duly transferred to her by deed. The shares were purchased by her in her own name, with her husband's consent, and she was registered as a shareholder, and so described in the return made to the Stamp Office, in pursuance of the 4th section of the 7 Geo. 4, c. 46. The defendant had received some of the dividends on these shares, and had signed receipts in those terms:-" Per procuration of Mary Angas, John L. Angas;" and also thus: "For Mary Angas, John L. Angas." All these receipts were issued upon the usual form of dividend warrant prepared and issued by the Company, stating the shares to be "standing in my iiarno." The defendant had also attended some [806] meetings for winding up the affairs of the Company, at which none but shareholders were entitled to be present. The deed of settlement was put in, the 28th clause of which provided, that " the husband of any female shareholder, or the executor, administrator, or legatee of any deceased shareholder, or the assignee of any bankrupt or insolvent debtor possessed of shares, shall not be a member of the Company in respect of such shares as shall be vested in him in respect of any of the aforesaid capacities respectively ; but such assignee of a bankrupt or insolvent debtor shall sell and dispose of such shares in manner and subject to the provisions hereinbefore expressed and contained with respect to the sale and transfer of shares; and any such husband, executor, administrator, or legatee as aforesaid, shall be at liberty either to sell and dispose of the shares so vested in him, in like manner and subject as aforesaid, or, at his option, to become a member of the Company in respect of such shares, on complying with the provision of these presents as next hereinafter expressed in that behalf." By clause 29, "the husband of any female shareholder, or the executor, administrator, or legatee of a deceased shareholder, who shall be desirous of becoming a member of the Company in respect of the shares vested in him, in any of such capacities respectively, shall give notice in writing at the banking-house of the Company in Newcastle-uport-lVne of such his desire; in which notice shall be expressed the name and place of abode of the person giving the same, and the name of the shareholder iu whose place or right he claims, and the number of shares in respect whereof he is desirous of becoming a member; whereupon and upon otherwise complying with the provisions of the deed of settlement, he shall be admitted and become a member in respect of such shares, and have the same transferred into his name accordingly, and shall be personally charged with the duties and liabilities incident |to the ownership of the same." [807] By clause 30, "the husband of any female shareholder, or the executor, administrator, or legatee of any deceased shareholder, who shall not, under tjhe provision lastly hereinbefore contained, elect to become a member of the Company in respect of the shares vested in him iu any such capacity, and also the assignee of every bankrupt or insolvent debtor possessing shares, shall be entitled to receive any dividend which shall have become due on...