the wood industries in our courts of litigation. D'Oyly Owens | 1 |
holds (though Finn Magnusson of himself holds also) that so | 2 |
long as there is a joint deposit account in the two names a | 3 |
mutual obligation is posited. Owens cites Brerfuchs and Warren, | 4 |
a foreign firm, since disseized, registered as Tangos, Limited, | 5 |
for the sale of certain proprietary articles. The action which was | 6 |
at the instance of the trustee of the heathen church emergency | 7 |
fund, suing by its trustee, a resigned civil servant, for the pay- | 8 |
ment of tithes due was heard by Judge Doyle and also by a com- | 9 |
mon jury. No question arose as to the debt for which vouchers | 10 |
spoke volumes. The defence alleged that payment had been made | 11 |
effective. The fund trustee, one Jucundus Fecundus Xero Pecun- | 12 |
dus Coppercheap, counterclaimed that payment was invalid | 13 |
having been tendered to creditor under cover of a crossed cheque, | 14 |
signed in the ordinary course, in the name of Wieldhelm, Hurls | 15 |
Cross, voucher copy provided, and drawn by the senior partner | 16 |
only by whom the lodgment of the species had been effected but | 17 |
in their joint names. The bank particularised, the national misery | 18 |
(now almost entirely in the hands of the four chief bondholders | 19 |
for value in Tangos), declined to pay the draft, though there | 20 |
were ample reserves to meet the liability, whereupon the trusty | 21 |
Coppercheap negociated it for and on behalf of the fund of the | 22 |
thing to a client of his, a notary, from whom, on consideration, he | 23 |
received in exchange legal relief as between trusthee and bethrust, | 24 |
with thanks. Since then the cheque, a good washable pink, em- | 25 |
bossed D you D No 11 hundred and thirty 2, good for the figure | 26 |
and face, had been circulating in the country for over thirtynine | 27 |
years among holders of Pango stock, a rival concern, though not | 28 |
one demonetised farthing had ever spun or fluctuated across the | 29 |
counter in the semblance of hard coin or liquid cash. The jury (a | 30 |
sour dozen of stout fellows all of whom were curiously named | 31 |
after doyles) naturally disagreed jointly and severally, and the | 32 |
belligerent judge, disagreeing with the allied jurors' disagree- | 33 |
ment, went outside his jurisfiction altogether and ordered a gar- | 34 |
nishee attachment to the neutral firm. No mandamus could lo- | 35 |
cate the depleted whilom Breyfawkes as he had entered into an | 36 |