The Law Relating to Prospectuses Simply And Exhaustively Stated for Lawyers And
The Law Relating to Prospectuses Simply And Exhaustively Stated for Lawyers And
Frederick Edward Farrer
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Estates, etc. , 3 Ch. 682 ; Henderson v. Lacon, 5 Eq. , p. 263 ; Kent v. Freehold, etc. , 4 Eq. 588, (the dictum on the appeal (3 Ch. , p. 495), cannot now be supported) (Capel v. Sims, 8 L. T. 807). * Askew' Case, 9 Ch. 664 ; Alison's Case, 9 Ch. 1, but even where the share- holder has not fully paid, the Court may refuse to hear the case on motion and insist on Hction being brought (re liritinh Burniah, ex jiarte Vickers, 56 L. T. 815; Sleigh v. Glasgow, etc. , 6 Fraser, 420). (104) BESCISSIO...N AND DEFENCE TO ACTION FOR CALLS. 105 The Court has, however, in all cases a discretion to refuse to decide the matter on motion under the Act. 1 The decree for simple rescission against the company declares that the contract between the plaintiff and the company ought to be set aside, it orders repayment by the company of what has been paid by the plaintiff on the shares with as a rule 4 per cent interest, and orders the plaintiffs name to be taken off the register, and usually orders the company to pay costs.
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