Re The Dublin, R, R, R, R, and Rathcoole Railway Company. Sir Patrick O'Brien's Case

• Jurisdiction: Ireland
• Judgment Date: 09 June 1877
• Date: 09 June 1877
• Court: Chancery Division (Ireland)

V. C. Court.

IN RE THE DUBLIN, R., R., R., R., AND RATHCOOLE RAILWAY COMPANY.

SIR PATRICK O'BRIEN'S CASE.

Knox's Case Ir. R. 11 Eq. 294.

Austin's CaseELR L. R. 2 Eq. 435.

Green's CaseELR L. R. 18 Eq. 428.

Marquis of Abercorn's CaseENR 4 De G. F. & J. 78.

Brown's CaseELR L. R. 9 Ch. App. 102.

Kincaid's CaseELR L. R. 11 Eq. 192.

Forbes' CaseELR L. R. 19 Eq. 353.

Brotherhood's CaseENR 4 De G. F. & J. 566.

Kincaid's CaseELR L. R. 11 Eq. 192.

Knox's Case Ir. R. 11 Eq. 294.

Company — Winding-up —— Qualification — Resignation of director — Contributory.

422 THE IRISH REPORTS; [I. R. IN RE THE DUBLIN, R, R., R., R., AND RATHCOOLE RAILWAY .COMPANY. Sin PATRICK O'BRIEN'S CASE. Company-Winding-up-Directors named in Act-QuaVcation-Resignation of director-Contributory. A Special Act provided that the subscribers should be united into a ComÂÂÂpany for the purposes of the undertaking ; that the number of directors should. be seven, and the qualification of a director the possession in his own right of fifty shares ; and that B. and six other persons named should be the first directors. B., who attended one meeting of the directors, and seconded a vote of thanks to the Chairman, was there asked to sign the subscription contract, but he refused, and said he would not take any shares ; at the next meeting of the directors B.'s resignation as director was sent in and accepted, and from that time he never took any part in the affairs of the Company, and his name was never entered on the list of shareholders ; two subsequent Acts were obtained, in neither of which B.'s name appeared. Many years afterwards, the Company having been ordered to be wound up :-Held, that B. should be placed on the list of contributories as the holder of fifty shares. APPLICATION on behalf of Sir Patrick O'Brien, Bart., to review the list of contributories, and for an order that his name should be excluded therefrom. By the Special Act, 1864 (27 & 28 Vict. c. cclxxxi., s. 3), it was enacted that certain persons therein named, and all other subscribers to the undertaking, should be united into a Company, and that such Company should be incorporated by the name of, &c. ; by s. 9, that the number of directors should be seven; and that the qualification of a director should be the possession in his own right of fifty shares ; by s. 11, that Sir Percy Nugent, Bart., Sir Patrick O'Brien, Bart., G. K., J. R., Daniel Treacy, Laurence Edward Knox, and W. C. should be the first directors, and should continue in office until the first ordinary meeting to be held after the passing of the Act ; and that at such meeting the shareholders might either continue in office the directors appointed by the Act, or any number of them, or might elect a new body of directors, or directors to supply the places of those not continued. in office, the directors appointed by the Act being re-eligible. VOL. XI.] EQUITY SERIES. 423 In 1874 the Company was ordered to be wound up,' Messrs. Craig V. a Court. and Gardiner were appointed Official Liquidators, and they placed 1877. Sir P. O'Brien on the list of contributories as the holder of fifty Sm. PATRICK O'BRIEN's shares. CASE. From the Minute Book of the Company, it appeared that a meeting of the directors was, in pursuance of a regular summons, held on the 14th of December, 1864, and that Sir P. O'Brien attended, and seconded a vote of thanks to the Chairman ; when the meeting was adjourned to the 16th of December, at which adÂÂÂjourned meeting one of the directors reported, upon the part of Sir P. O'Brien, that it would not be in the power of the Hon. Baronet to continue as a director, "owing to...