42.

50

A.

A.

40

A.

A.

They were allotted by number before or after the promissory note?,

It might have been before.

That note was given as payment for the call?. He was liable for all calls (Referred to applica- tion).

Un your side you claim one result of the transac- tion is that the Bank can no longer demand money in respect of the calls on these shares?.

That is correct.

If the Dank could sue there would be a complete answer that the calls had been paid in advance?. That is right.

That therefore allowed you to say that they had received the amount mentioned in the Certificate?. Yes.

Cross-Eyamined by mr. Fitzroy.

Q.

A.

Q.

A.

A.

Q.

A.

Can you tell me what time the Directors' meeting was held on the 10th of June?.

Unless it was in the book, I could not possibly remember. As a matter of fact I don't think there was a meeting on the 10th of June. The Directors' meeting declaring the allottment was on the 10th of may,

I mean the wall.

The Call is merely made payable on the 10th of

June.

The Call was made on the 10th of June, you signed it yourself. Would I be right in s aying that meeting was held in the evening.

There was no Directors' meeting held on the 10th of June. This is the resolution (read from Minute Book) it came into effect on the 10th of

June. It was passed by me.

(Articles of Association No. 56 read) Is that signed by two-thirds of the Director a? •

les, but there was not many and these signatures were added on several days prior to the 10th of June and the last was put by me.

Do you know the time you wrote it?.

As it is my signature, I might have put it at an early hour, say 9 o'clock.

I notice there are eight signatures,

Q.

I thought

Q.

you nas twenty Directors?.

A.

8.

At that time i think we had only twelve. can refer to the Articles of Association. Directors on the 22nd of ebruary, eleven.

You

You

A.

A

say that there were no more that twelve Directors? At that time.

I suppose you came in as the last one?. i only made one.

(COURT ADJOURNED 1 p.m. and REASSEMBLED 2.15 p.m.)

His Lordshipa

Ar. £rewer i Mr. Fitzroys

Mis Lordshipa

Ars. Brewer you are calling your witnesses?, Only ar. Udy.

my Lord, will you want r. Ross?.

I cannot say, I think he had better stop.

ERNEST ALBERT HENRY UDY Sworn and examined by Mr. Drewer

His Lordship♪

A.

Are you employed or working for yourself?, I am an Accountant and have just commence practice in Hong Kong.

Page 50Page 51

Share This Page