Shaw v Fisher
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1848 |
| Date | 26 January 1848 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 5
HIGH COURT OF CHANCERY
Affirmed, 5 De G. M. & G. 596; 43 E. R. 1001 (with note).
[11] shaw v. fishee. Jan. 25, 26, 1848. [Affirmed, 5 De G. M. & G. 596; 43 E. E. 1001 (with note).] A vendor by public auction of shares in a railway company, incorporated by Act of Parliament, at the request of the purchaser (who had paid his purchase-money), executed a transfer to a third party, who did not accept the transfer, or register himself as a shareholder. On a bill filed by the vendor against the purchaser for a specific performance, the Court directed the usual reference as to title. By an Act of the 8 & 9 Viet., intituled, " An Act for Making a Railway from the Town of Newry to the Town of Enniskillen," in which the Companies Clauses Consolidation Act, 1845, and the Lands Clauses Consolidation Act, 1845, were incorporated, a' company was incorporated by the name of "The Newry and Enniskillen Railway Company;" and it was provided that the capital of the company should be £900,000, to be divided into 18,000 shares, of which the amount should be £50 each. Previously to November 1845 the Plaintiff, Mr. William Shaw, was the registered proprietor of seventy-five shares, numbered respectively 14,646 to 14,730 inclusive, in the above company, on each of which shares the sum of £2, 10s. had been duly called up and paid. On the 7th of November 1845 these seventy-five shares were offered for sale by public auction, with numerous other shares in different railways and other public companies, under certain conditions, including the following :- 1. The highest bidder to be the purchaser; and, if any dispute arise between two or more bidders, the lot so disputed shall be immediately put up again and resold. 3. The balance of the purchase-money must in every case be paid at the office of 6 SHAW V. FISHER 2DEG.&SM.12. the auctioneers at the Hall of Commerce, between the hours of ten and four on the day following the sale, except in eases where any special transfers are required, and to such the utmost expedition will be given. Mr. Shaw's seventy-five shares were included in the above sale, in two lots, of which twenty ^five shares constituted Lot 152. Mr. Eobert Fisher became the purchaser of Lot 152 at the price of £1, 8s. 6d. per share; and, on the 27th of November 1845, the full purchase-money of the twenty-five [12] shares was duly received by the auctioneers, and paid to Mr. Shaw. Mr. Fisher caused the same...
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