SUPREME COURT.

Globe, Volume XXIII, Issue 2271, 13 July 1881, Page 3

SUPREME COURT.

NISI PRIUS SITTINGS. This Day. [Before his Honor Mr Justice Johnston.] His Honor took his seat at 10 a.m. Special Jtjby Oasb. oebditors* tbußtbes of j. fbaskb t bbownb and bbatjmont. This was a case in which the creditors' trustees of one John Eraser sought to have a deed of assignment made between John Fraser and Co. and the defendants set aside as fraudulent and void. The deed conveye i to the defendants under the joint estate the fore and business of the bankrupts at M unt Somers, with power to place in a manager for the space of twelve months or soil the property. The separate creditors now objected to the deed on the ground that the joint creditors refused to permit the separate creditors from taking part in the distribution of the estate. The declaration of the plaintiffs prayed that the deed might be set aside ai fraudulent and void, and the defendants restrained from proceeding with the distribution of the estate. The defendants pleaded a general denial of all the material allegations, and further that the deed of assignment was given in good f a'.th, for valuable consideration and prior to the bankruptcy of the debtors, of which the defendants had no knowledge. The facts of the case wore that the debtors, trading under the style or firm of Eraser and Co., made a deed of assignment, both of their joint and several estates, to their joiat creditors, and the defendants were appointed as trustees. The several creditors of the various members of the firm were shut out from any participation in the estate of the debtors, and therefore they came to the Court to have the deed set aside and the aseoto in the estate divided between the joint and several creditors of the debtors.

Mr Joynt appeared for the plaintiffs. Mr Garrick, with him Mr Holmes, for the defendants.

Mr Joynt, having opened the case to the jury and read the declaration, proceeded to call evidence in support of his oase. The witnesaea called were Messrs Hugo Friedlander, John Beaumont (of the firm of Wood, Shand and Co.), Alexander Dunlop, &c.

The case was proceeding when we wont to press, and is likely to be continued tomorrow.

[Left sitting.]