References: [1858] EngR 1072, (1858) 3 De G & J 170, (1858) 44 ER 1233
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Shares in a company which was in the course of formation were allotted to an applicant whose application was merely a verbal request to a director to obtain the shares, but who subsequently paid the deposit. On being requested to execute the deed af settlement the allottee refused to do so. The company afterwards obtained an Act of Parliament, and in the register of shareholders made under the Act the name of the allottee, omitting however his first Christian name, was inserted in the register as a shareholder in respect of the same number of shares as had been allotted to him, but which were differently numbered, numbers corresponding to those on the allotment being ascribed in the new register to another shareholder. Held, that no written agreement to take shares was necessary, but that the Appellant had become liable as a contributory, and was not relieved from his liability either by his refusal to execute the deed, by the change in the numbers of the shares ascribed to him, or by the mistake in his name.
