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Colonial Cases

Guthrie v. Simson, 1876

[insolvency]

Guthrie v. Simson

Judicial Committee of the Privy Council
12 February 1876
Source: The Times, 14 February, 1876

LAW REPORT.
JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Feb. 12.
GUTHRIE v. SIMSON.
  This was an appeal from a decision of the Supreme Court of the Colony of Victoria in an action brought by the respondent, as assignee of the estate and effects of John Middleton, an insolvent. The insolvent was a sheep and cattle dealer at Geelong; the appellants were cattle salesmen there. Messrs. Guthrie discounted for the insolvent an acceptance, which turned out to be forged. They gave him a further advance, in consideration of which he placed in their hands 70 head of cattle and gave them a lien on 609 ewes. He was then in difficulties, and was said to be contemplating suicide. The assignee contended that the transactions constituted a fraudulent preference. He sued the appellants in trover and for money payable, and succeeded before the jury, andalso before the Court, in Australia, but the Court reduced the damages.  On the appeal,
  Sir Henry James, Q.C., and Mr. Finlay were for the appellants; the Attorney-General (Sir John Holker, Q.C.) and Mr. Edwyn Jones were for the respondent.
  Sir Robert Collier gave judgment, dismissing the appeal, with costs.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School