SUPREME COURT.

Globe, Volume VII, Issue 734, 26 October 1876, Page 2

SUPREME COURT.

SITTINGS AT NISI JPRIUS. Thursday, October 2ti. (Before his Honor Mr Justice Johnston). The Court re-opened at 10 a.m, WALTON V EDWARDS AND ANOTHER. For plaintiff, Mr Garrick, with Mm Mr George Harper. For defendant, Mr Joynt. The plaintiff closed his case shortly after 11 a.m. Mr Joynt then proceeded to open the case for the defence. He proposed to call evidence to prove that on the 7th of September, 1875, proposals were made by the debtors Brown to defendants, to open up business relations. On the 16th of September

the defendants consented to do so on certain terms. The first of these was that the defendants were to have security over the goods for advances made by them ; secondly, that a policy of insurance should be taken out over the goods, to cover the advances made, and the policy transferred to the defendants. He should ask the jury, on the evidence he proposed to lead, to believe that the defendants had acted perfectly bona fide and with no intention to defraud. He contended that the bill of sale given must be taken to have been given on the 16th of September, when the arrangement was entered into, and should quote authorities in the English Courts to support this view. As to the allegation of negligence, in the sale, of the property, he should bring evidence to prove that defendants had done their best in the matter. If the jury were satisfied that the defendant had done this the allegation of culpable negligence would fail. The evidence he intended to bring before them would prove that the defendants had acted perfectly bona fide , and that there was no intention on their part to defraud the creditors. The learned counsel then proceeded to call evidence for the defence. The case was proceeding when we went to press.