Thames Plate Glass Company v Land and Sea Telegraph Construction Company
| Jurisdiction | England & Wales |
| Date | 1865 |
| Year | 1865 |
| Court | Equity |
Company - Winding-up - Specific Performance - Leave to enforce an Answer -
A vendor's suit was instituted against a company for specific performance, and an injunction obtained restraining an action to recover the deposit-money paid on the contract. Interrogatories were filed, but before the answer was put in the Defendant company was in course of voluntary winding-up under supervision. On a summons for leave to continue the suit, notwithstanding the winding-up, the Court gave leave to enforce an answer, but directed that no further proceedings should be taken without leave of the Court.
THIS was a summons adjourned into Court for leave to proceed with a suit against a company, notwithstanding an order to continue a voluntary winding-up under the supervision of the Court.
The bill, which was filed in June, 1870, was for specific performance of an alleged contract to purchase for £70,000 certain land, buildings, engines, and machinery belonging to the Plaintiff company at or near Blackwall, Poplar. The agreement was constituted by a memorandum of agreement under the seal of the Plaintiff company, and a letter under the seal of the Defendant company, accepting, with some variations, the proposal of the Plaintiff company, and an alleged acceptance of the variations by the Plaintiff company. The Defendant company had refused to complete, alleging the negotiations did not amount to a concluded agreement between the parties. The contract, however, had proceeded so far that the Defendant company had paid a deposit on the purchase-money of £1000, which was subsequently paid into the National Bank in the joint names of George Brady, one of the solicitors, and Alfred Goslet, one of the directors of the Plaintiff company. The Defendant company commenced an action in the Court of Exchequer, and issued a process of attachment in the Lord Mayor's Court, for the purpose of recovering the deposit-money; and the bill prayed an injunction to restrain the prosecution of the action and process of attachment. On the 23rd of June, 1870, an order was made, upon a motion for an injunction, directing the money to be brought into Court (which was subsequently done), and restraining the action and process of attachment.
The interrogatories were filed on the 24th of June, 1870.
On the 21st of July, 1870, a resolution was passed to wind up...
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Re Euro Bank Corporation
...of Jamaica, Jamaican Constitutional Ct., February 8th, 1999, unreported. (21) Thames Plate Glass Co. v. Land & Seas Tel. Co.ELRELR (1870), L.R. 11 Eq. 248; 40 L.J. Ch. 165; on appeal (1871), L.R. 6 Ch. App. 643; sub nom. Re Land & Seas Tel. Constr. Co., Thames Plate Glass Co. v. Land & Seas......