18
(
(5)
(6)
(d) whether Brewer knew that the statement was false,
As to the findings; the Jury ought to find
in favour of facts (a) and (b) and (c) and (d), -
because there is evidence that these facts did exist,
and there is no evidence proving beyond reasonable
doubt that they did not exist.
Regarding the evidence;➡
As to (a) it is admitted that Promissory Notes were
executed. and there is no evidence of facts impairing
their legal validity,
As to (b) it is admitted that the demands were set
off against each other,
As to (a) there is evidence that the Promissory Notes
onstituted gemine business transactions:-
Interest was debited against the promisors: p.11.26
Some of the loans were paid up: p.11.19.23.29.
In some cases judgment was had against the promisor:
p. 26.56
In one case the official Receiver sued on a Note:
P. 26.57
The promisors were man of substance (or guaranteed by
men of substance): p.44,46.63.
It is also, to a greater or less degree, in favour
of Brewer's bona fides that:<
He refunded voluntarily $55,000 to the Company:p.41
He received only a small salary from the Company:p.6 8
He held only a comparatively small number of shares (200) in the company: p.38.
He did not sell his shares when the Bank flourished:
7.68.
He declined to receive all the contributions which
were offered (not wishing to have a large sum of money
awaiting investment); p.25.
There were no grounds for ulterior motives:p.50.
The
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