The money deposited with the "de fendant by plaintiff was a special fund, and where there was a claim against a special fund the law had it that defendant was. not entitled to set off a'elaim - for damages. His Submission was that these monies were deposited with the defendant in. his capacity as a trustee.
Defendant set off in his claim certain sums, but said nothing as to when this money became due. Even it he were.able to show this, some of the money was due after the date of the company's receiving order. All that he was entitled to claim was the interest owing on. the $190,000; which formed the "amount of the original transaction.
Mr,"Reoks next death with the fact that Mr. Judah, the managing director of the plainti company was. trustee for, the defendant in respect -of 48 shares in the company.
Mr, MeDonald: That.is nothing but a little cheap prejudice.
The Judge: If Judah is a trustee: for this number of shares, Moses is practically the owner of the company, except for two shares, The money for these shares, continued Mr. Reeks, was produced by the defendant, and at some time or other Mr. Judah gave defendant a promissory note. There had never been any request for payment of this note, and his submission was that the whole of the company was-a "one-man" show.
Text read from the printed page and cleaned; old type leaves the occasional error.