SUPREME COURT.

Globe, Volume XXIII, Issue 2230, 21 April 1881, Page 2

SUPREME COURT.

SITTINGS AT JfZSI PRIUS. Thursday, Avtb.il 21. [Before big Honor Mr Justice Johnston and a special jury."! The Court re-opened at 10 a.m. CLABK'S TBUSTBBS V (JOODMAK AND OTHEBS. This was an action in whioh Alexander Munro, as creditors' trustee, was plaintiff, and James Goodman and Foster, defendants. The defendants were trustees under a settlement made by the bankrupt, G. T. Clark, on his wife. The plaintiffs now sought to upset the settlement on the ground that it was a fraudulent one, and made wilh intent to defeat and delay his oreditors. The defendant Goodman was merely a nominal defendant, Foster having taken over the trusteeship. Mr Harper, with him Mr Thompson, for the plaintiffs; Mr Joynt, with him Mr Thomas, for the defendants. From the evidence adduced it appeared that the plaintiff and the bankrupt were in copartnership, which afterwards was dissolved. The plaintiff had occasion to take proceedings in the Divorce Court against his wife, and the bankrupt was made a corespondent. The plaintiff obtained a divorce, and the bankrupt was adjudged to p»y the costs. Prior to this the bankrupt executed the deed of settlement on his wife of the property therein mentioned. The date of the settlement deed was February 21st, 1880, but one of the attesting witnesses, Algernon Elliott, deposod to the signing of the deed by the parties on the 15th of March, 1880. The other attesting witness was the <lt fondant Goodman. The disputed point in the case was tho period of the signing of the deed of settlement, and on this there was a u good deal of evidence taken. The date of the petition and issue of citation in the divorco case were proved as (ho 6th of March, 1880. The costs in the suit were taxed, and allowed to the plaintiff, as £ll7 8s 61, outhe 21at of July, 1880. The accounts in the partnership suit between the plaintiff and the bankrupt were filed in the Court. The case/ was stiil proceeding when wo went to press.