152
2.80
P.81
Matter of opinion as to falsify.
Defendant defrauded nobody so far as can be ascertained
<
deft made nothing out of it - goes to show that not false in
his view. 5th and 8th witnesses continually said 'in my
opinion'.
Difficulty of proving state of mină,
Charge A.
Statutory report filed year before balance sheet at
beginning of career of balance sheet no connection there-
with.
-
No suggestion made that Company formed to perpetrate
a fraud. No suggestion that course of business not believed
in by deft. As matter of law
to denand money on deman d
-
book entry loans gave right
advantage to Company. If share-
holders substantial, Company in better position than before.
Treated as oash transaction Loans treated as cash in books
of Company.
5th witness clinched matter
<<
G
assuming transactions were
genuine correctly shown in statutory report. If so, must be
end of charge.
Spargo's casu 8 Ch. App. p.407.
North Sydney Investment v. Higgins 1899 App. Cases
p.273.
Larocque v. Beauchemin 1897 A.C. p. 366.
Spargo case debts were past.
J
In this 083e futur e but no real differ^nce.
bona fides.
Roscoe's vidence in Civil actions p. 584,
Depends on
Eyles v. Ellis 4 Bingham 112 any transaction treated as
cash transaction is to all intents and purposes a cash
transaction. How else could transaction appear in statutory
report.
Is there any evidence to throw doubt that he didn't think he