FRAUDE.—CREANCIER

COUR D'APPEL, avril 1830.

MONTGOMERY ét PRICE.

Jugé: Que, lorsqu'un créancier s'empare des biens de son débiteur, en fraude des autres créanciers, il peut être condamné à leur en payer la valeur.

On declaration made by Alexander C. Montgomery, as gar-

nishee, which was contested in the Court below, judgment of

Court below atlirmed. The Court were of opinion that the possession taken by appellant of the debtor's property was à

matter which might be brought into discussion by the con-

testation raised on the declaration ne by appellant in the

Court below, and, as this possession was in fraud of the cred-

itors, that he was liable to pay to those creditors the full

value of that property. That this value having been ascer-

tained, and, it appearing that appellant had disposed of the

goods as his own property, the Court had rightly directed

that value to be paid by appellant and to be secured for the benefit of the creditors. (3 R. L.,458 : 1 R. C., 482.)

PROCES PAR JURY.—BILLET A ORDRE.-—LEGATAIRE.—MATIERE C0i- MERCIALE.

COUR D'APPEL, novembre 1830.

GERRARD et HAYS et al.

Jugé : Qu'une action, sur un billet à ordre, intentée par un légataire, à laquelle le défendeur plaide, en contestant au demande” sa qualité de légataire, n’en est pas moins une cause commerciale, qui peut étre décidée par le jury. (1)

Action brought by residuury legatees of late David David, for £10,590 16s 5d., amount of promissory note in his favour. Defendant Gerrard denied that respondents were the legal representatives of late David David. A trial by jury was asked and granted.

KERR, J., said that, on the first question, namely, whether this case should be submitted to a jury, the Court were unanimous that this was one of the cases that should go before à jury. The action was brought by persons who were the repre-

(1) Voyez art. 348 C. P. C. de 1867 et art. 421 C. P, C. de 1897,

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sentatives of à merchant, based upon à promissory note given by one merchant to another. We must look to the contract at its inception, it was evidently mercantile, and, as to any questions of law that may arise during its investigation, the judge will direct the jurv as to what is the law, or they may return a special vercict, and the point of law be reserve A for aroument,

Chief Justice SEWELL fully agreed as to this being à proper jury case: and ba the same reasons urged by Mr. Justice KERR on that subject. It would be very dangerous to refer the facts of any case to two different tribunuls, because the Court might be of opinion pro, and the jurv contra. That decision, therefore, must be contirmed, (3 KR. L., 458 : 1 KR. C., 482.)