SUPREME COURT.—CIVIL SITTINGS.

Thames Guardian and Mining Record, Volume I, Issue 93, 26 January 1872, Page 3

SUPREME COURT.—CIVIL SITTINGS.

Wednesday, January 24. (Before bis Honor Sir G. A. Arney, Chief Justice, and a Special Jury.) Gow and Another y. Eraser. —This j case, which was opened and gone into at some length on the previous day, was rc- ! sumed this morning. The counsel emj ployed were Mr W. L. Rees, who api peered for the plaint ills, and Mr Ilesketh I for the defence. Further evidence was taken in support of tlie plain tilts’ claims, j Thomas Jackson, who is one of tlie partj ners with the plaintiffs, and gave con- | firmatory evidence of that which had been

taken on the first day.—Mr J. B. Russell, barrister, on being called, deposed that lie was at a meeting of creditors when Mr Masefield agreed to rank with the creditors if the estate would pay five shillings in the-pound.—Masefield, on being called, stated (hat Vickery gave a lien by way of hill of sale over his crushing machinery. Vickery was indebted to various creditors to the amount of about £750. He struck out £l6O of his claim bccausaJt related to an old partnership affair. He would have raised no objection io tiie battery having been disposed of if a dividend of five shillings could have been secured. But in consequence of the manner in which the defendant had acted, the estate scarcely realised ninepence in the pound. Mr Weston had sent to witness a cheque for £27 for a debt of £550, which lie most decidedly refused to receive. Witness would never have relied on his bill of sale, or pushed on it, if he could have been assured of receiving five shillings in the pound. Upon cross-examination witness deposed that the body of the creditors would not hear of the estate being handed over to him. He allowed Vickery to have whatever lie required on credit, because lie (Vickery) said he would never hand over the battery to any one else ; he always said that he should not parf with it. and therefore witness considered ho was perfectly safe. He should never have given such an extent of credit if he had not thought that lie had the battery to fall back on as security for the. amounts due to him, which lie had advanced on good faith that he was well secured. Witness had protested against the sale and Mr J. B. Russell placed a man in possession of the battery properly. The meeting of creditors at which it was arranged five shillings in the pound should be paid was convened in December, 1870. Witness looked upon himself as bound to the creditors, as Frazer was taking quite an opposite course. —Mr Masefield’s evidence closed that which was called for the plaintiffs. A number of documents were put in and read, when the Court adjourned until this morning.