SUPREME COURT. YESTERDAY. WARBURTON V. PHARAZYN.

Evening Post, Issue 273, 22 December 1865, Page 2

SUPREME COURT. YESTERDAY. WARBURTON V. PHARAZYN.

The following is in continuation of what appeared in y«sterday's paper : — Mr. Izard then addressed the jury on behalf of the defendant, and called the following evidence : — C. J. Pharazyn , the defendant, sworn, said —I had transactions with ¦ the plaintiff • I have had transactions with the plaintiff in 1859, and at the end of that year I had to sue plaintiff for promissory notes, and obtained judgment ; I put in an execution, and ©btained n» results ; I saw Mr, Lipraan Levy, *rho offered me a sum on behalf of plaintiff ; I said I could not accept that sum ; I would look through my accounts, and see what was the minimum sum I could accept ; I found I could accept £1061, which plaintiff agreed to pay, ou the terms stated in my letter j before offering those terms, I was assured by Mr. Levy that that was as much as Warburton's estate could pay ; I accepted that amount ; I received a bill for £500, which was paid at maturity ; some months after I went to Mr. Levy, and complained that other creditors had received 15s in the pound ; I said I considered it very unfair ; •n the 14th February, 1862, I saw Mrs. Warburton, and gave her two years more to pay the money, without interest, but told her the money must be paid punctually • the last money vraa paid to me on the 13th December, 1864, by Mrs. Warburton ; I complained to her of her husband having secreted his goods, and she said it was not Mr. Warburton, but tiiat she had done so herself as she was not going to sue her children starved • I never asked for interest, nor has it ever been tendered to me. Cross-examined by Mr. Borlase-I did not make Mr. Levy a present of £60 for the way in which he conducted this business. Mr. Izard then addressed the jury for the defence, after which Mr. Borlase summed up the evidence for the plaintiff. The Judge charged the jury, and read over the evidence given, after which they retired. On their return, the jury returned a verdict for the plaintiff with costs. The Court then closed.