Company Law of Canada

Cover Company Law of Canada
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(1900) 20 0.
L. E. 520.
Payment in 4. The plaintiff, a creditor of a company incor- " ■ porated by letters patent, sued the defendant, a share- holder, who pleaded that there was nothing due upon his stock. It appeared that there were nine sharehold- ers, two of whom had a large claim against the company for the sale of a patent. The defendant held $5,000 stock, partly paid up. It was arranged between the patentees and the other shareholders, that the latter should pay an additional ten per cen
...t, on their stock, in consideration of which the patentees were to pay up the balance of the unpaid stock of the seven other shareholders out of this claim. In pursuance of this arrangement, each of the seven gave his cheque to the secretary for the balance of his unpaid stock, which the secretary passed on to the patentees, who accepted them and gave receipts to the company for the amount.
The patentees then handed back the cheques and re- ceipts to the secretary, who returned the cheques to the shareholders, by whom they were given, it having been agreed beforehand that they were to be so re- turned and not used.


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