The Express.
London, England, 1867-02-20 00:00:00

LA W INTELLIGENCE.
(THIS DAY.)

::QCITY st-r).T.
(P.• W. Wood.)
it I. IioTEL
• • • C'•, t.-y was iue.upvmaed on the 1:011 July. 1463.
g.- h.; oei •hsmoraniluni ztssociation
. • sole::••••••• :he arc of aitiele:wen.regis•
• • • la Fehruary of the following year.(lathe loth of July,
Messrs. Eikington rnteae.l into all agreeminit '
h--t• with Mr. oil,. of the pi omoters,
• were to take 1:0 shares upon the terms
• • -.p:•!ying g•sels to the hotel allow-
• g 20 is I ceiit. iliseiu.n: on the price, and being
p :.ieti• than 10s. a share in respect of
In the 1.2;b of July !lodges wrote to
)1. Eik,ngton, approving the agreement, with
• - • that M. .-.s. Elkingtun were to ',ay 10s.
• iii• ie, ~pplieation and on allotinent and no more..
bah of 3 ols lessrs. Elkington their
•:• ;•• s and on the 11th of November the score-
• '.•••, nifia!iy wrote to Messrs. Elkington. referring
.- le! ti ref the loth of July.anci requesting theirattenil •
. h.- .i.,1 meetnig havt day. Messrs. Elkingtoti scot
to :itti ii : the meeting on the 12th, when, as they
i:ended. the eiaifraet be tweet! themselves 011
lioatrt, W:.• and it was resolved that
• - should lie accepted, with the further
ion that if the ord, r for plate and cutlery
4.-•11114.1 10)1101V 61.01 .%0010/., Elkingtons were to take
shares. Mu-sr.,. Elkiligton paid their iillotenent
:a-fury on the 2WI of November No goods were user
but the shares were registered in Elkingtons'
/,am, !subsequently calls were made. but Elkingtons
wi re never f-Aled to pay. Notices were, however.
continuously scot to them. The seinding-up was in Isiah
Mu. Karst:A.. Mr. W. W. Karslake, for the
0.,..1 liypii•list•ir, who hail summoned the Messrs. Elking-
toP.n fo Allot,' and .how cause why they shoul•I not he put
upon the list of coot rilnitories, contended, find, that until
the 12th of Noveaiber there wsui no contract. because
:he agreement with Hoilgi • before the incorporation was
sul•so,uently confirmed ; and secondly. that if there
teas a contract. that part of it which purported to
ie.pt Elkingtun from the payment of future
c 'ls. sva, and could nut he enforced as against
erclittors.

Mr. 1k (ea. t/.('., and Mr. Calilecott, for Messrs. El-
kington, disputa-it tii! proposition that the company were
:nit hound by the airs of Hodges but if the contract
contain...l an illeg d stipulation, then it was void in toto.
y asked that they should be registered either as condi-
t iivial shareholders, or not at all.
Mr. Kandak, . in reply.
Vice-( hancellor (having resolved judgment since
the Irau pve de-vision this morning. He said the only
was, whether Messrs. Elkington had agreed to
shares, or whether the agreement was conditional
only on the company ordering and taking goods for them.
His Lore au-cart:fit Ily reviewed the correspondence, and said
tl.vt though no doubt the payment of the allotment
nary in November was an awkward fact in Messrs.
Elkin.:ton's ease, he nevertheless thought they did so,
only on the faith of the contract, which was that goods
were to be supplied, and to be paid for in shares. If more
ssls were required, more shares would have to be taken, if
less. Upon the whole he thought that as in
pat no goods were supplied, it mine to the same thing as
if Messrs. Elkington's name hail never beenon the register
sr all. They must therefore be removed from the list of
ciaaributories, and from the list of members of the coin.
piny, and they and the official liquidator would both have
their costs out of the estate.