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1918 Supreme(SC) 3

Canada National Fire Insurance Company – Appellant
Versus
Hutchings and others – Respondent


Advocates Appeared:
Clark, Peter Thomas , Lawrence Jones and Co. , Manning, Upjohn , W.A.T. Sweatman

Sir Walter Phillimore:-

The first mentioned action is brought by the transferor and transferee of a parcel of fully paid-up shares in the Canada National Fire Insurance Company against that Company; the second action is also a joint action by two transferors and the transferee of two parcels of fully paid-up shares in the Great West Permanent Loan Company against that company. It is the same transferee in both cases, and the same point, that is, whether the directors of either company have an absolute power of refusing to approve and register transfers of fully paid-up shares regular in form and regularly presented to them.

It appears that in the first instance application was made upon motion for prerogative writs of mandamus; but that upon some question arising as to the propriety of this form of remedy the applications for these writs were by consent converted into actions, statements of claim being delivered setting forth the facts, and claiming as relief a mandamus or an order in the nature of a mandamus commanding either defendant company to register the transferee as the owner of the shares in question.

Some formal evidence was given; but, again by consent, the actions were he
































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