CO129-535-5 N.I. Brewer- transcript of trial and evidence 1-1-1929 - 31-12-1931 — Page 154

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