The Agricultural Cattle Insurance Company v Sir John Foster Fitzgerald, Knight: 1851

In an action of debt for calls by a company formed under sta 7 and 8 Vict chapter 110 ; pleas nunquam indebitatus, and that the company was not completely registered : issues thereon : it is not indispensable that the plaintiffs should produce their certificate of registration, but the registering may be proved aliunde ; the certificate itself not being in issue. If, in such an action, the company’s deed of settlement be produced in evidence to prove the defendant a shareholder, and therefore liable under section 55 of the act, the deed is available for this purpose, though it appears that, since execution, the name of a shareholder, subscribed before that if the defendant, has been erased, and the erasure be not accounted for.


[1851] EngR 76, (1851) 16 QB 432, (1851) 117 ER 944




England and Wales


Updated: 18 May 2022; Ref: scu.296392