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" Each shareholder, until the whole amount of his stock has been paid up, shall be individually liable to the creditors of the company to an amount equal to that not paid up thereon, but shall not be liable to an action therefor by any creditor before an... "
Reports of the Supreme court of Canada - Page 514
de Canada law reports - 1878
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Acts of the General Assembly of His Majesty's Province of New Brunswick

New Brunswick - 1876 - 854 pages
...of the Company to an amount equal to that not paid up thereon, but no further, and such shareholder shall not be liable to an action therefor by any creditor before an execution against the Company has beeu returned unsatisfied in whole or in part. 11. Any description of action may be prosecuted and...
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Statuts du Canada

Canada - 1876 - 484 pages
...stock thereof not then paid up, and no action shall be brought against any shareholder therefor until an execution against the Company has been returned unsatisfied in whole or in part. 38. It shall be the duty of the Directors to declare and Dividends, make half-yearly dividends of so...
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The Shareholders', Directors, and Voluntary Liquidators' Legal Companion: A ...

Francis Beaufort Palmer - 1878 - 136 pages
...position to prove inability to pay debts than insolvency. The fact that execution issued on a judgment against the company has been returned unsatisfied in whole or in part, is evidence that the company is unable to pay its debts. So, too, the fact that a creditor for not...
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The Shareholders' and Directors' Companion: A Manual of Every-day Law and ...

Sir Francis Beaufort Palmer - 1880 - 134 pages
...position to prove inability to pay debts than insolvency. The fact that execution issued on a judgment against the company has been returned unsatisfied in whole or in part, is eviden.ce that the company is unable to pay its debts. So, too, the fact that a creditor for not...
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The Law and Practice of Joint Stock Companies Under the Canadian Acts: A ...

Charles Henry Stephens - 1881 - 680 pages
...amount of his shares has been paid up, shall be individually liable to the creditors of the Company to an amount equal to that not paid up thereon ; but shall not be liable to an 1 LR 9 Eq. 653. action therefor by any creditor, before an execution against the Company has been returned...
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The Shareholders' and Directors' Legal Companion: A Manual of Every Day Law ...

Francis Beaufort Palmer - 1882 - 212 pages
...position to prove inability to pay debts than insolvency. The fact that execution issued on a judgment against the company has been returned unsatisfied in whole or in part, is evidence that the company is unable to pay its debts. So, too, the fact that a creditor for not...
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Reports of Cases Decided in the Court of Appeal, Volume 7

Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1883 - 858 pages
...amount of his stock has been paid, individually liable to the creditors of the company or corporation to an amount equal to that not paid up thereon, but...the amount due on such execution shall be the amount recovered with costs against such shareholder. And whereas you, James Austin, are a stockholder in...
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Report of the Commission for the Revision and Consolidation of the General ...

Québec (Province). Commission for the Revision and Consolidation of the General Statutes - 1883 - 662 pages
...iintil the whole amount of his stock has been paid up ; but shall not be liable to an action therefor, before an execution against the company has been returned unsatisfied, in whole or in part ; 43-44 V., c. 43, s. 23. when and -• Municipal corporations, being duly empowered so to tions nTav°...
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The Canadian Law Times, Volume 5

1885 - 652 pages
...amount of his shares has been paid up shall be individually liable to the creditors of the Company to an amount equal to that not paid up thereon ; but...whole or in part; and the amount due on such execution not exceeding the amount unpaid on his shares as aforesaid, shall be the amount recoverable with costs,...
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The Ontario Reports: Containing Reports of Cases Decided in the ..., Volume 7

Ontario. High Court of Justice - 1885 - 838 pages
...amount of his shares has been paid up, shall be individually liable to the creditors of the company to an amount equal to that not paid up thereon; but...has been returned unsatisfied in whole or in part." It is contended by the plaintiff that having sued the company in Quebec, and having an execution in...
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