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Page 100

CHAPTER 10
SHARES

original certificate with the certificated transfer to the transferor and the transferor then fraudulently deals with the shares so as to inflict loss on a third party, the company is not liable to the third party, because the certificated transfer is neither a negotiable instrument nor a warranty of title on the part of the company issuing it. (18)
Rights as between Vendor and Purchaser.-On a sale of shares the contract between the parties is that the vendor shall give to the purchaser a valid transfer and do all that is required to enable the purchaser to be registered as member in respect of the shares.(19) The vendor's duty is not only to give a genuine transfer, but also one which is signed by a transferor willing that the transfer shall be registered.

Hitchens, Harrison, Woolston & Co. v. Jackson & Sons, [1943] A. C. 266. Solicitors i nstructed stockbrokers to sell stock and enclosed certificate and blank transfer signed by the stockholder. The stockbrokers sold the stock, but the stockholder repudiated the contract and the company, on her instructions, refused to register the transfer. The stockbrokers replaced the stock by a purchase on the Stock Exchange and sued the solicitors for their expenses. Held, (1) the solicitors were principals, (2) it was the solicitors' duty to deliver a transfer executed by a transferor willing that it should be registered, and (3) the solicitors were liable.

If the directors in pursuance of a power in the articles decline to register the transfer, the purchaser, unless he has bought "with registration guaranteed," cannot recover the price from the vendor. (20) The vendor in such a case is a trustee of the shares for the purchaser. (21) The vendor is under a duty to the purchaser not to prevent the purchaser from having the full benefit of the transfer. (22)
Until the transfer is registered, the vendor will receive any dividends or other benefits declared on the shares and remain liable for any calls. As between the vendor and the purchaser the rights and liabilities depend on the terms of the contract. The shares may be bought " cum " or " ex " dividends or rights, or with a specified sum paid. In the absence of any such agreement, the date of the contract is the determining factor.
Be Wimbush, [1940] 1 Ch. 92. In September, 1935, P- sold shares privately to W. In April, 1936, the company declared a dividend for the year ending December 31, 1935. Held, the sale being by private bargain and not governed by Stock Exchange rules, W. was entitled to the whole dividend and it was not apportionable between W. and R.

18 Longman v. Bath Electric Tramways, Ltd., [1905] 1 Ch. 646.
19 Skinner v. City of London Marine Insce. Corpn. (1885), 14 Q. B. D. 882.
20 London Founders Assn. v. Clarke (1886), 20 Q. B. D. 576.
21 Stevenson v. Wilson, [1907] S. C. 445.
22 Hooper v. Herts, [1906] 1 Ch. 549.

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where is HTML where is HEAD where is TITLE original certificate with what is certificated transfer to what is transferor and what is transferor then fraudulently deals with what is shares so as to inflict loss on a third party, what is company is not liable to what is third party, because what is certificated transfer is neither a negotiable instrument nor a warranty of title on what is part of what is company issuing it. (18) Rights as between Vendor and Purchaser.-On a sale of shares what is contract between what is parties is that what is vendor shall give to what is purchaser a valid transfer and do all that is required to enable what is purchaser to be registered as member in respect of what is shares.(19) what is vendor's duty is not only to give a genuine transfer, but also one which is signed by a transferor willing that what is transfer shall be registered. Hitchens, Harrison, Woolston & Co. v. Jackson & Sons, [1943] A. C. 266. Solicitors i nstructed stockbrokers to sell stock and enclosed certificate and blank transfer signed by what is stockholder. what is stockbrokers sold what is stock, but what is stockholder repudiated what is contract and what is company, on her instructions, refused to register what is transfer. what is stockbrokers replaced what is stock by a purchase on what is Stock Exchange and sued what is solicitors for their expenses. Held, (1) what is solicitors were principals, (2) it was what is solicitors' duty to deliver a transfer executed by a transferor willing that it should be registered, and (3) what is solicitors were liable. If what is directors in pursuance of a power in what is articles decline to register what is transfer, what is purchaser, unless he has bought "with registration guaranteed," cannot recover what is price from what is vendor. (20) what is vendor in such a case is a trustee of what is shares for what is purchaser. (21) what is vendor is under a duty to what is purchaser not to prevent what is purchaser from having what is full benefit of what is transfer. (22) Until what is transfer is registered, what is vendor will receive any dividends or other benefits declared on what is shares and remain liable for any calls. As between what is vendor and what is purchaser what is rights and liabilities depend on what is terms of what is contract. what is shares may be bought " cum " or " ex " dividends or rights, or with a specified sum paid. In what is absence of any such agreement, what is date of what is contract is what is determining factor. Be Wimbush, [1940] 1 Ch. 92. In September, 1935, P- sold shares privately to W. In April, 1936, what is company declared a dividend for what is year ending December 31, 1935. Held, what is sale being by private bargain and not governed by Stock Exchange rules, W. was entitled to what is whole dividend and it was not apportionable between W. and R. 18 Longman v. Bath Electric Tramways, Ltd., [1905] 1 Ch. 646. 19 Skinner v. City of London Marine Insce. Corpn. (1885), 14 Q. B. D. 882. 20 London Founders Assn. v. Clarke (1886), 20 Q. B. D. 576. 21 Stevenson v. Wilson, [1907] S. C. 445. 22 Hooper v. Herts, [1906] 1 Ch. 549. where is meta name="keywords" content="old books, Free book , free book offer , free audio books , free coloring book pages , free book reports , free audio book , audio books free download , book free , free guest book , books free , free book summaries , download free audio books , free childrens books." where is where are they now rel="stylesheet" type="text/css" href="../../style.css" where is meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" where is BODY bgColor=#ffffff text="#000000" where are they now ="#000000" v where are they now ="#FF0000" where is div align="center" where is strong where is strong where is a href="http://www.aaoldbooks.com" Books > where is a href="../default.asp" title="Book" Old Books > where is strong where is a href="default.asp" Poetry Northwest (1959) where is table width="700" border="1" align="center" cellpadding="15" cellspacing="0" where is center where is tr where is td width="160" align="center" valign="top" where is div align="center" where is td align="center" valign="top" where is div align="left" where is div align="center" where is p align="left" Page 100 where is strong CHAPTER 10 SHARES where is p align="justify" original certificate with what is certificated transfer to what is transferor and what is transferor then fraudulently deals with what is shares so as to inflict loss on a third party, what is company is not liable to what is third party, because what is certificated transfer is neither a negotiable instrument nor a warranty of title on what is part of what is company issuing it. (18) Rights as between Vendor and Purchaser.-On a sale of shares what is contract between what is parties is that what is vendor shall give to what is purchaser a valid transfer and do all that is required to enable what is purchaser to be registered as member in respect of what is shares.(19) what is vendor's duty is not only to give a genuine transfer, but also one which is signed by a transferor willing that what is transfer shall be registered. Hitchens, Harrison, Woolston & Co. v. Jackson & Sons, [1943] A. C. 266. Solicitors i nstructed stockbrokers to sell stock and enclosed certificate and blank transfer signed by what is stockholder. what is stockbrokers sold what is stock, but what is stockholder repudiated what is contract and what is company, on her instructions, refused to register what is transfer. what is stockbrokers replaced what is stock by a purchase on what is Stock Exchange and sued what is solicitors for their expenses. Held, (1) what is solicitors were principals, (2) it was what is solicitors' duty to deliver a transfer executed by a transferor willing that it should be registered, and (3) what is solicitors were liable. If what is directors in pursuance of a power in what is articles decline to register what is transfer, what is purchaser, unless he has bought "with registration guaranteed," cannot recover what is price from what is vendor. (20) what is vendor in such a case is a trustee of what is shares for what is purchaser. (21) what is vendor is under a duty to what is purchaser not to prevent what is purchaser from having what is full benefit of what is transfer. (22) Until what is transfer is registered, what is vendor will receive any dividends or other benefits declared on what is shares and remain liable for any calls. As between what is vendor and what is purchaser what is rights and liabilities depend on what is terms of what is contract. what is shares may be bought " cum " or " ex " dividends or rights, or with a specified sum paid. In what is absence of any such agreement, what is date of what is contract is what is determining factor. Be Wimbush, [1940] 1 Ch. 92. In September, 1935, P- sold shares privately to W. In April, 1936, what is company declared a dividend for what is year ending December 31, 1935. Held, what is sale being by private bargain and not governed by Stock Exchange rules, W. was entitled to what is whole dividend and it was not apportionable between W. and R. 18 Longman v. Bath Electric Tramways, Ltd., [1905] 1 Ch. 646. 19 Skinner v. City of London Marine Insce. Corpn. (1885), 14 Q. B. D. 882. 20 London Founders Assn. v. Clarke (1886), 20 Q. B. D. 576. 21 Stevenson v. Wilson, [1907] S. C. 445. 22 Hooper v. Herts, [1906] 1 Ch. 549. where is Server.Execute("_SiteMap.asp") %

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