Case Summary - Re London and Northern Bank ex p Jones (1900)
In Re London and Northern Bank ex p Jones (1900), the offer had been withdrawn before the hearing. The notification of acceptance had been posted. Facts The applicant applied for 1,000 shares in the corporation on October 15, 1898. He formally rescinded his application on October 26th in a registered letter. The withdrawal was received at 8.30 a.m. on October 27 and was opened at 9.30 a.m. by the company secretary. Meanwhile, on October 26, the company's board of directors decided to assign the shares to the applicant and accepted his offer in writing. The allotment letters were gathered during the course of the night and taken out to be posted at 7 a.m. on October 27. The letter was presented to a postman in a London street around 7.30 a.m. The letter was postmarked at 11 a.m., according to the postmark. Decision The company had failed to demonstrate that it had posted its acceptance of the applicant's offer before receiving his withdrawal at 8.30 or 9.30 a.m. Per Cozens-Hardy J: ‘The Postal Guide … expressly states that town postmen are not allowed to take charge of letters for the post … I cannot, therefore, regard the postman as anything better than a boy messenger employed by [the company] to post the letters and the mere fact of handing the letter to the postman … was not a posting of the letter.’
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