A firm which had acted through nominees sought to raise an estoppel as to its status on the company registers.
Held: The nominees acquired a ‘title by estoppel’ against the company following the issue by the company of a share certificate to the nominees. But that ‘title’ had been lost by the time the action began and was not available to Burge and Co. No representation was made which they had acted upon. Even if there had been a representation, that firm had not altered their position in any material way.
Judges:
Brett LJ, Cotton LJ
Citations:
(1879) 5 QBD 188
Jurisdiction:
England and Wales
Cited by:
Distinguished – Dixon v Kennaway and Co 1900
Farwell J said: ‘There is no doubt on the authorities that a certificate under the seal of the company estops the company from denying the title of a person who has accepted and acted on the certificate. In Knights -v- Wiffen [LR 5 QB 660 at 665] . .
Cited – Cadbury Schweppes Plc and Another v Halifax Share Dealing Ltd and Another ChD 23-May-2006
Fraudsters had successfully contrived to sell shares of others, by re-registering the shares to new addresses and requesting new certificates. The question was which of the company, the company registrars and the stockbrokers should bear the loss. . .
Lists of cited by and citing cases may be incomplete.
Estoppel, Company
Updated: 11 June 2022; Ref: scu.242177
