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Macdougall v Gardiner [1875] 1 Ch D 13

Country:
United Kingdom
  • Chairman of a meeting of shareholders wrongfully (i.e. in breach of articles) refused to call a poll when one was requested by a shareholder (Claimant).

  • Shareholder sued.

Held

  • Refusal did not infringe personal right of Claimant.

  • Therefore Claimant was not entitled to bring personal action

    • Rather the proper claimant was company.

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