The Archive · 1939

Helmick Gives Opinion

The opinion handed down by Judge Helmick states: This matter comes before the court upon the hearing for the approval and confirmation or the disapproval of the plan of reorganization of the debtor company filed by the trustee. Since no objections to the plan have been filed and since the requisite percentage in amount of each class of creditors affected by the plan and of the stockholders have filed Dealing with the evidence given by Partap Singh, Mr. McDonald stated that hehad said that on August 24 Hari Singh had come to his home alone. Shortly afterwards Cammiade and Lamport came there also and Hari Singh and' himself agreed to make-a loan of $3,000 to Cammiade on security of his broadcasting machinery. Cammiade had brought an invoice for the machinery h had been produced.

He had lent Cammiade $1,500 on August 24 and plaintiff (Hari Singh) had promised to give Cammiade the rest on the same day. Mr, McDonald contended that this evidence was inadmissible as also was Partap Singh's later evidence of having seen Cammiade on August 25 when he was informed that Hari Singh had given Cammiade $1,500.

Also inadmissible, Mr. MeDonald contended, was the evidence given by Partap Singh to the effect that a certificate of mortgage was in his (Partap Singh's) name and that he could recover the whole $3,000.

Leaving Partap Singh's testimony Mr. McDonald submitted that the evidence of this witness having given Hari Singh a promissory note on August 23 for $1,500 and dated August 23 because Hari Singh had drawn the money out of the bank on that date, was inadmissible.

Mr. McDonald then went on to quote the evidence of George Serge Lamport, a tutor of English and French and a British subject from Mauritius. Parts of this were inadmissible, he submitted, especially that stating that Cammiade had told him on August 25 that he had received '$1,500 from Hari Singh after receiving $1,500 from Partap Singh on August 24, Judgment was reserved after Mr. Maitland had stated that he did not wish to argue the case. He asked for costs for respondent,

Text read from the printed page and cleaned; old type leaves the occasional error.

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