SUPREME COURT.

Globe, Volume XXIV, Issue 2611, 19 August 1882, Page 4

SUPREME COURT.

IN BANCO. Fbibat, August .18

[Before his Honor Mr Justice Richmond.] His Honor sat in the Court Chambers at 10.30 a,m, CREDITORS’ TRUSTEE OF GEORGE GREEN T

WIiBIE ABB OTHBBS.

Mr Joynt said in this case he would ask his Honor either to have the questions amended or the case sent back for re-state-ment.

Mr Harper aaid he had no objection to the first question being strnck out. Hi* Honor said that the being the case there would be no need for sending the case back for re-statement. This was a case on appeal from the District Court held at Timarn. In the Court below (he plaintiffs brought an action against the defendants to recover the value of certain goods alleged to have been converted to their own use. The defendants pleaded that Green had assigned to them by a mortgage to secure £SOO, the property claimed by the plaintiff, «ader tbs Chattels gepujrjty Apt. The coa-

tention of the plaintiff in the Court below wa» that the affidavit verifying the security under the Act was not sufficient. His Honor Judge Ward agreed with this contention, and gave judgment for plaintiffs. The defendants appealed against the decision, and the question for the Supreme Court was whether the affidavit was sufficient or not.

For tho defendants, and in support of tho appeal Mr Joynt, with him Mr Toaswil). For tho plaintiffs, and contra to tho appeal, Mr George Harper, with him Mr White. The learned counsel on hoth sides having argued the case at some length, and cited numerous authorities, His Honor took time to consider. The Court adjourned till 10.30 a.m. oa Monday.