DOI Page / Citation link:
https://doi.org/10.11588/diglit.70301#0070
54 kirby’s wonderful museum;
But there is a fact which shews better than any specula-
tion, that no part of the 1250/. was paid by the check upon
Goom, which is that the check was not in existence, or
thought of till near two months after the transaction of
the 1250/. was completely settled. I think I have
proved by the assignment of the 15th of July, supported
by the agreement of the 31st of August, that all that mo-
ney must have been paid antecedent to the 15th of July, and
the check was not made till the 7th of September, when it
was deposited in my name at the bankers, as appears in their
account, and the testimony of Mr. Percival. If this check
had been drawn for the purpose of paying any part of the
purchase-money, that had been agreed to be paid for my
third of the business, would it not have been drawn at the
time I was put in possession of the business. There is an-
other circumstance, which I trust will satisfy you that the
check was never intended for the purpose of paying Mr.
Blight. The business was valued at 3315/., of which I pur-
chased one third at 1250Z.; that 1250/. could not be intended
to form a part of the capital of the business, but was to go
into the pocket of Mr. Blight, where, in fact, it had gone in
different advances. If it had gone into the capital I should
have had a third-share of the capital of 4565/., which it is
clear neither of us could ever have intended. The 1250/.
being for Mr. Blight’s separate use, and not a part of the ca-
pital of the trade, none of it could have been paid into the
bankers, in my name; and therefore the 1000/. check which
was paid into the bankers, could not have been part of the
1250/. as is pretended, on the part of the prosecution; in
fact, that check was only one of the many fictitious papers
which the state of Mr. Blight’s affairs rendered necessary;
it was drawn for no other purpose than to keep up appear-
ances at the bankers, and to conceal the real state of his af-
fairs, and whatever Mr. Blight might have said respecting it,
it was merely to give credit to those appearances. A mer-
But there is a fact which shews better than any specula-
tion, that no part of the 1250/. was paid by the check upon
Goom, which is that the check was not in existence, or
thought of till near two months after the transaction of
the 1250/. was completely settled. I think I have
proved by the assignment of the 15th of July, supported
by the agreement of the 31st of August, that all that mo-
ney must have been paid antecedent to the 15th of July, and
the check was not made till the 7th of September, when it
was deposited in my name at the bankers, as appears in their
account, and the testimony of Mr. Percival. If this check
had been drawn for the purpose of paying any part of the
purchase-money, that had been agreed to be paid for my
third of the business, would it not have been drawn at the
time I was put in possession of the business. There is an-
other circumstance, which I trust will satisfy you that the
check was never intended for the purpose of paying Mr.
Blight. The business was valued at 3315/., of which I pur-
chased one third at 1250Z.; that 1250/. could not be intended
to form a part of the capital of the business, but was to go
into the pocket of Mr. Blight, where, in fact, it had gone in
different advances. If it had gone into the capital I should
have had a third-share of the capital of 4565/., which it is
clear neither of us could ever have intended. The 1250/.
being for Mr. Blight’s separate use, and not a part of the ca-
pital of the trade, none of it could have been paid into the
bankers, in my name; and therefore the 1000/. check which
was paid into the bankers, could not have been part of the
1250/. as is pretended, on the part of the prosecution; in
fact, that check was only one of the many fictitious papers
which the state of Mr. Blight’s affairs rendered necessary;
it was drawn for no other purpose than to keep up appear-
ances at the bankers, and to conceal the real state of his af-
fairs, and whatever Mr. Blight might have said respecting it,
it was merely to give credit to those appearances. A mer-