case the south sea COMPANYAppellants Eleanor CURZONRespondent that march a  subscribe pound into the three subscription of the SouthSea company and their  cashier give a receipt for the money by mistake of the clerk the Christian  name of another person be insert in the book instead of a a bring his action  against the company for the money pay and on their fill a bill in equity for  relief a demurrer general for want of equity demurrer allow the appellant be  empower by a act of parliament that Geo I to increase their capital stock by  take in by purchase or otherwise from the several proprietor all the several  species of debt due to they from the government as particular mention in the  say act do in order thereto by three several subscription sell very large  quantity of their stock by the last of which subscription common call the  three subscription the brown appellant sell their stock upon the term follow  videlicet that every subscriber shall pay pound for every pound of the stock  he so subscribe for the same to be pay at ten several payment of pound each  the first payment of pound per cent to be pay down and the remain pound at  nine subsequent payment this subscription be calculate for the sale of five  million of stock the appellant come to a resolution of appropriate a certain  part thereof to the several director of the company and some other person of  particular rank and distinction who be to collect and deliver in to the then  treasurer a listen of the name of such person as be Willing to become  purchaser on the abovementioned term the subscription be complete and the  listen of subscriber deliver in the respondent name appear in one of those  listen as a subscriber for pound stock of the three subscription and as such  she on the saint of June pay to Mr John Webster one of the clerk belong to the  appellant then treasurer or cashier pound as the first payment to be make for  the purchase of the say stock the subscription consist of near a hundred  thousand different name deliver in several different listen and not digest  into any method or order it become absolute necessary for the dispatch of such  a number of proprietor first to reduce the name in each listen into  alphabetical order and then to enter all the proprietor name in one book  whereby each name may with much great ease be refer to but it so happen that  in transcribe so great a number of name the name of the respondent in the  general alphabet be by mistake of one of the clerk make Edward Curzon and this  mistake remain a long time undiscovered be carry on through the several  extract take from the general alphabet where the first mistake be make by the  general decrease of public credit which soon afterward happen the appellant  stock be great abate in value and therefore it become necessary to reduce the  term of the say three subscription in case of the several proprietor thereof  accord in September the appellant come to a resolution in a general court to  reduce the term to pound per cent but the stock still abate in value they by a  subsequent resolution in a general court agree that no more money shall be  demand of the respective proprietor of the say three subscription but that  they shall have stock for the money then pay in at the rate of pound stock  with the then midsummer dividend of pound per cent in stock for every pound so  by they pay in and these resolution be afterward confirm by parliament in  pursuance of which lastmentioned resolution and in order to give the several  proprietor a opportunity of ascertain their right to the say subscription and  to claim stock arise therefrom conformable to the resolution the appellant  cause other book to be make in a alphabetical manner of the name of all the  proprietor of the say three subscription with proper columns distinguish the  sum pay on such subscription and also the brown stock arise from and to be  give in lieu of the money so by they pay in with blank columns for each  proprietor to subscribe his name in testimony of his claim such subscription  and accept brown er p the term of the last resolution instead of those term on  which the subscription be first make but the appellant clerk who make such  alphabetical book transcribe the same from the former alphabet wherein the  name of the respondent be first mistake and make Edward carry on the mistake  into those book which be manifest involuntary and not with design to defraud  the respondent of the pound because some of the former alphabet refer to the  folio in Mr Webster cash book where Eleanor Curzon stand enter and admit to  have pay in pound for the first payment on the say three subscription and it  no where appear in any of the appellant book relative to the say subscription  that any money be ever pay to their cashier by Edward Curzon on account of  such subscription neither can they discover that there ever be any such person  as Edward Curzon in be nevertheless the respondent come among other proprietor  of the say subscription to claim her stock for the pound by her pay in  pursuant to the last resolution and upon search the alphabet of the say  subscription find her name not enter therein but the name of Edward Curzon  instead of Eleanor and imagine that the original listen of subscriber be  either destroy or not to be find and that through the largeness and confusion  of such transaction it will be difficult if not impossible for the appellant  to rectify such mistake or to prove her a subscriber in any of the say listen  she refuse to accept such stock and some time afterward bring her action  against the appellant on the plea side in the court of exchequer for the say  pound as for money receive by the appellant for the use of the respondent and  obtain judgement therein for recover the say sum together with cost of suit  thereupon the appellant exhibit their bill in the say court against the  respondent for relief set forth their case as above state and sound their  equity thereupon and insist that the original listen of subscriber name so  deliver in be lose or conceal by Mr knight their late treasurer or cashier who  have withdraw himself out of the kingdom and therefore pray a discovery from  the respondent whether she do not solicit or procure herself to be enter a  subscriber to one of those listen for pound in the say three subscription and  in who listen in particular and whether she be not admit as such by Mr Webster  their clerk and whether she do not pay in the say pound to Webster for the  appellant use for the first payment as aforesaid and if she do not claim or  come to claim the say subscription or the stock arise therefrom pursuant to  the say resolution and if the appellant do not allow her to be a subscriber  and ready offer to admit her claim thereto and that she may set forth her  reason why she refuse to accept the same and the appellant further insist upon  the act of parliament Geo I brown entitle a act for make several provision to  restore public credit which suffer by the fraud and mismanagement of the late  director of the SouthSea company and other whereby it be provide that upon the  appellant make a addition of pound S d per cent to the stock then allow or  Allowable for the money pay in on the say three subscription the same shall be  in full discharge and satisfaction for the money so pay in notwithstanding any  misnomer misspelling or omission of entry of the money pay for the say  subscription of which act the appellant have not any opportunity of take  advantage on the trial of the respondent action at law it not have pass soon  enough for that purpose and therefore the bill further pray that the  respondent may be decree to accept stock in lieu of the say pound so pay in as  aforesaid accord to the beforementioned resolution and the provision of the  say act of parliament to this bill the respondent demurrer insist that there  be no equity therein and likewise insist upon the judgement at law obtain by  her against the appellant on the that of November this demurrer be argue when  the court think fit to allow the same and to dismiss the appellant bill with  cost from this order the company appeal insist W peer William t Bootle that  the same be unjust inasmuch as they be thereby deprive of the benefit of the  respondent answer by which it will have appear that she be a subscriber in the  say three subscription and pay in the pound as the first payment on that  account and no other and that her name be give in as a subscriber in one brown  er p of the list of that subscription and duly enter as such that the name of  Edward be insert instead of Eleanor mere by the mistake of one of the clerk  who transcribe the listen and this mistake be help by the lastmentioned act of  parliament but that act do not pass soon enough for the appellant to take any  advantage thereof at law that though the appellant be thus deprive of a legal  advantage of the several matter above state yet they be sure proper to be  insist on in a court of equity as a ground why the respondent ought only to be  entitle as a subscriber to the like proportion of stock for her money pay in  as all other subscriber be entitle and not to have the money return and  therefore it be hope that the order of dismission will be reverse with cost  and that the respondent shall be oblige to answer so as that the merit of the  case may proper be bring in question on the other side it be only say t  Lutwyche c Phipps that the order complain of be ground upon and agreeable to  the rule of equity and good conscience and that therefore the appeal ought to  be dismiss with cost accord after hear counsel on this appeal it be order and  adjudge that the same shall be dismiss and the order of dismission therein  complain of affirm jour vol p