Tuesday, before his Honour Judge Sir (Skinner Turner, Thomas William Bowern brought an action against Mena D. Silas for the allotment or transfer by defendant to plaintiff of 100 fully paid up shares in the Pung Wo Manufacturing Ca., Ld.; on, in tha alternative, for the sum of $5,000 by way of damages suffered by plaintiff by reason of defendant's failure to allot or transfer the shares. i Mr. P. W. Goldring appeared for plaintiff and Mr. Rk. F. Master for defendant.
In asking that his appearance for defendant be treated og conditional, Mr. Master pointed out that no cause of action was disclosed in the writ. He therefore asked that his appearance be entered as conditional, and he would then immediately apply to have the case struck out. Thera was no averment of contract in the writ, and it was impossible to_tell what the action was for.
Mr. Goldring—If pleadings are ordered I can set forth the whole of my case.
His Lordship—Are you not bound to show the cause of the action in the writ?
Mr. Goldring—The writ implies that plaintiff was promised these shares and I submit that on the face of it that is an averment. It is pretty clear that we claim we are entitled to these shares.
His Lordship—The writ is clearly insufficient and will have to be amended. With the new writ can be served the statement of claim, and other pleadings will follow afterwards.
Text read from the printed page and cleaned; old type leaves the occasional error.