(Gudgment for Pisin)
"Rely on nobody in this world but yyourseli," was the advice of Judge Grant Jones to the defendant In the case of A.C. Davis v. J. A. Thompson in H. M. Supreme Court on July 13, when Mr. Thompson, Who filed a counterclaim some time ago, said he had failed to take the matter up as he had rolled upon an officer of the Registry to notify him whea the case was io come up.
Mr, John McNeill, appearing for Mr. Davis, said that his client ob-{tained judgment on January 27 for the sum of $3,202.44 on a promissory note. A stay of execution was granted defendant in the amount of $1,312.72, until such time as he fled a counterclaim, or until a further order. was Defendant declared that he never took a serious view of a lotter sent
opening a special" account, plaintits on September 4, 1038, indeed, had never kept such an a count. When he received this mones hho sent it to the bank to be added to his private account. At the very: frst moment he received the $11,000 forming the first instalment, he 'd cided to apply it to Interest owing through the company.
After making a few calculations, Mr. Reeks put it to witness that he had taken Upon himself the right 10 carry on exchange transactions the sum of 1,600,000 francs, and to debit any loss to the company, using public money for this purpose,—Defendant replied that it was' only Ratural that he should protest him 'As four months had elapsed, Mz. 'MeNelll said his client felt it' high time that the matter was disposed of, and was therefore applying under Order 38, Rule 12, of the Rules of the Supreme Court. Plaintif" had not yet asked for the balance of the money due him under the order, and now asked that either the counter~ claim be dismissed or that plaintiff be allowed to levy execution.
'Asked why he had delayed the matter, Mr. Thompson said:—"It was owing to a misunderstanding. When fled the counter claim, I asked Mi Ricketts about it and the sald:—"You will receive notice; you will be Me formed later.' I cannot. afford a lawyer and rested on that" Ie had Informed in due course, Giving judgment, his Lordship made out an order for the plaintiff to levy execution, and. informed Mr. Thompson that "the counterclaim would have to be tried separately, and that he would have to fle a writ on the matter.
Text read from the printed page and cleaned; old type leaves the occasional error.