The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-02-22 00:00:00

ABBOTSBURY RAILWAY OASES.

(ABBOTSBURY RAILWAY COKPANY Y. 4. T. ENSOR.)
Mr. Kinglake. instructed by Mr. Edwin Burnett, appeared
for the plaintiffs.
In opening the CABO the learned Coututtl asked his Honor
to take a note in these cases, as they might be maters of
very considerable importance. The Abbotsbury Rsilway
Company was • compon• incorporated by Act of Portiamen% 41 and 42 Vic.. c. 211, for the purpose of making •
railway between Ablntabury and Weymouth. Dorchester,
and other parts of the county. The Act authorised the
recast of the comp to y to be £14,000 in 5,400 shores of £lO,
£2 payable on application, £2 payable on allotment, and
£2, as required at intervals of not'lcas than three months.
These actions were brought to recover arrears, some of
thorn calls, some of them money payable on apoliaa-
tion, and some of them money payable on allotment and
calls. In the first cue of the Company v. J. T. Ensor, it,
was to reasver 13i., being the arrears due upon live
shares, for whnli ho applied, and which wore allotted
his,.. The first call, the psi m•nt on appinati on, and
ointment had already been paid, and he asked hi. Honor
to give him judgment for the amount in arrears. Having
called his Honor's attention to the 2nl section of the
Company's Clauses Act, in which were incorporated all
sections relating to the 'ursine for calls, and which was
the only *talon to which he need allude, the learned
, Counsel said he should prove to his Honor that the appli-
cation for the shares had been made by the defendant.
that be was registered proprietor of the shares, and that
due notice of call* bad been given horn.
Mr. William Manfield said he was role of the secretaries
of the Abbotsbury Railway Company, and had been so
sincti Ito formation. He produced the forum of
application for shares. Produced an application
for five shares, in Mr. Eusor's hand writing.
Also produced the register of tho shareholders In the
company sealed at a half•yearly meeting of the company, at
the Ilcheater Arms. Mr. &nor raid £lO on application
and • further £lO on allotment. Oa the 12th April the
first call was payable. Notice was given through the pose,
and • notice was sent to Mr. Ensor. He posted it him-
self. It had never boon pelf. The second call was
payable on July leth. and be posted aaaaa call himself.
The third call was mule on lath October the same year
None of the calls bad been paid, and there was the sum
of £3O due, with interest, up to 31st of January, 1881.
His Honour considered the case proved, and gave judg-
ment for plaintiffs with costa.
THE ABBOTSBURY RAILWAY COMPANY Y. JOHN SLY.

This was • claim for three calls on one share.
His Honour: Do you admit it I If you do, you will save
half tho bearing fuel
Mr. Sly: I don't admit it.
Mr. Minglake : Ile bas raid the application and
allotment money, but not the first, sec aid, and third
Mr. Manfield proved posting the notices as in Mr.
Ifrisor's cue.
Mr. Sly said be wished to mike • remark in this Cale.
The worthy counsel had said he wished to enlighten the
Judge as much as he po sibly could, and he hod made him
fully acquainted with one side, but as there was no
c mussel employed on their side, he would like to give
their side of the question. Ho admitted he took the share,
but he took it under certain ms-repreuntations, which
others would he able to prove. Ho would state the nature
of the case. That gentleman (pointing to Mr. Mansfield)
whether his name is Mansfield or
Mr. Kinglake : No, no, I must stop this at once. This
is • cue brought for the purpose of making defaulting
shareholders pay up their debts which they do not chose
to do. If he has anything to say in regard to the case,
then let him say it, but don't let us have dirt thrown upon
respectable gentlemen; but Ikt us confine ourselves to the
Mr. Sly (to Mr. Matifield): When you applied for me
to take shares, did you not represent to me that in the
event of the shares not being taken up to two-thirds of
the capital, the scheme woul I not be started, and that the
railway would not be started unless you had the whole of
the ground, that the monev would lie in the Wilts and
Dorset Bank, and that it would be returned to it at
21 per cent. interest!
Mr. Mandeld: Certainly not. I remember perfectly
well what I did say,
Mr. Sly: And upon the faith of that represeetation I
ook the share.
His Honour: He denies he said it, and you must be
octant with it.
Mr. Sly: Cen the case be adjourned. I have witnesses
to prove it. There are 20 gentlemen here who parted with
their money on the same representation, and when the
second Call WY used. We found that they had not kept
faith with us as they ought to have done; then we refused
to pay the calls. And now he say. hen mode the
representation at all. If he did not 111 Wee PI out of
this box.
Voices in Cunt: " He did, he did."
His Hooour said what a pity it was they did not
empiov counsel to conduct their cue.
Mr. Kinglets staked His Honour if it did not occur to
him that notice should have been even of this
defence.
Mr. It. Foeset Lock, who was in Court, rose and
suggestsd, maims curer, that it was not • defence of a
statutory or equitable nature of which notice must be
given, but it WY a defence Of Cant/110a law, of contract being
void for fraud, of which no notice need be given.

tow,

(Applause.) •
The Judge : 11l clear the Court if there are any
expressions of approval of any kind.
Mr. Kinglake ,aid he was much obliged to Mr. Lock.
This was an action brought upon a contract, which con-
tract they had not upset The prospectus was sent to all
the shareholders, upon the faith of which they signed the
application form ; there wee no misrepresentation of the
sort. The corporation or company could not be guilty of
fraud individually, even if an often. of the corporation
was guilty of fraud.
The Judge: If the corporation by the fraud of Its
servant derives a benefit from It.
Mr. Kinglake : We are easing upon the contract. That
appears to me to be the substance cit the case. Her. was
the contract with no representation upon It
The Judge: That being so, the man than takes the
sharer' according to the contract. He may have been
induced, but it is denied.
Mr. Kinglet's : He might have the right of action
against Mr. Manfield in his private capacity, if he per-
suaded him by some misrepresentation to take shares.
The Judge gave a verdict for the company, but intimated
that the defendant could move for a new trial.
Mr. Kin take asked for costa, which his Honour
allowed. He remarked that the railway was in process.
Mr. Sly stoutly denied this statement of "our worthy
counter —(laughterl—the whole thing was gone to squash
altogether. The contractors had taken away everything,
even the wheelbarrows. Nothing has been done the last
twelve months. They know it. and can't deny it. It
would would have been done all right if that gentleauin
there (alluding ti Mr. Mandeld) and those who hid their
heads together to get their money out of than had only
waited. It would then have been • successful scheme,
and one that would have wad everybody their own, and
what they expected they would get for interest ; but
there was so much for one and the other, and they ate the
mks before it was baked.
Addressing his Honour, Mr. Sly said Does your Honour
understand I move for a new trial.
The Jude*: You have subecribed to what has unhappily
been an abortive scheme; you took your chance for it.
Mr. Pearce, on behalf of Mr. Minor, told his Honour it
eras understood the came would be settled outside the

Court.
His Honour : If there dm been anything of the sort as
has been stated here, you can move tu set this verdict
mide for breach of faith. Ile would stay execution till be
shad heard the other came at Weymouth.
ABDOTSBORT RAILWAY COMPANY V. WILLIAM HENRY
CROCKLR.

-----
Mr. Kinglake said in this case Mr. Croaker applied for
two shame be paid the application. but did not pay the
allotment nor any subsequcnt calls. The claim was for
£l7 9r. 101.—.06 for the allotment. and three calls, and
94. 101 for interest
Yandeld produced the form of application for shares
'good by Use defendant, and the register of shareholders.
The Judge: Did you apply for the shares I
Mr. OreCILIN: I did not apply for the shares.
Mr. Hinglake : Is this your handwriting
Yr. Crochet: Tee.
The Judge: Then you did apply.
Yr. Crochet: Mr. liantleld and his agents sent round
and said that the money would be put in the Wilt, and
Dorset Bank. They said they would not commence the
maws?, till they had money enough to go on with and
awah t. and if they did not get enough they would return
tbs imam with Wand.