42.
44
A.
His Lordships
Mr. Fitzroya
A.
4.
You
On the contrary it could be recovered, if not from the principal, from the guarantors. Mrs. Brewer was guaranteed, not the bank. could not recover from the guarantors, You knew that urn, Frewer was liable to the Bank and that she was worth only $15,000.00 and yet you returned that figure as a cash pay- ment.
Until you drew my attention, I never thought that the wank could not have sued Mrs. Brewer's guarantors. I always assumed the guarantee to Mr B. Drewer was quite sufficient guarantee to the wank.
Examined by the Court.
(to Mr. Brewer}
A.
328
Q.
12 13
Q.
A.
Q.
A..
*
Q.
A.
tho
A.
G
38
(Copy of Statutory report handed to mr. Brewer)
You understand the charge which you are facing. Will you look at the report (to Jury) the point of the charge appears under heading "B" the Certificate certifies cash received in respect of shares issued wholly for cash as $876,750.00 The case for the Crow is that this is an in- correct statement.
After having answered ar. Fitzroy's questions you still hold that it is a correct statement? I am still of the opinion that it is a correct statement, that is to say, taking it I have got to put a figure in. The Government form requires me to put a figure in and i still main tain I could put no other figure in. I have a got to put a figure in and ▲ could not put any other in. If i had the wording of the phrase, i would probably have not put that figure in, but according to these words I had to put that figure in.
It is a described form?.
Yes, my Lord.
I don't think the form is in the schedule.
I don't think it is a Statutory form, it is made under the section of the Ordinance but I don't think it is a statutory foria.
That is the wording of the statutory form.
I think what you did är. Brewer was to get hold of one of the books and you found this form. Maybe I did.
I think it is only a form suggested in the text book.
(text book shewn to hr. Brewer).
It is very likely that I copied it from that very form.
You consider that in using that form you had no choice but to put in that figure?. That is my opinion.
(Palmer's Company Law form No. 237 read to Jury and
taken in conjunction with statutory Report.)
Se far you have followed the form?. Yes.
But you have added "and upon which the total sum of $ ---- etc." there is nothing in the form suggesting you had to add that?.
No.
(Form read out). İxatggank You would have complied with the form if you had stopped there You added to the form "and upon which the total