At Osgoode Hall, Toronto,
on Monday, creditors of the late H. W. Pursel, a hotelkeeper who
was in business at different times at Windsor, Forest and Simcoe,
and who latterly lived Leamington, won an action whereby they
sought to make available for the satisfaction of debts owing them
funds which Pursel had deposited in a bank to the credit of
his wife; also a pair of horses he had given her, and
certain property Mrs. Pursel partly paid for with money drawn on
Mr. Pursel had been in
financial straits more than once, and his wife had loaned him
money. In 1916 he was doing a big business over the bar at Simcoe,
and between May and August of that year he had deposited $2,867 to
the credit of wife.
It is held that he
intended to give his wife a preference over his other creditors.
Suit to recover against the cheques given to the wife was started
by John Sutton, a Simcoe merchant, who had a default judgment
against Pursel for $1,186.16.
Judgment: The deposit of
cheques amounting to $762.90 made by H. W. Pursel in the Canadian
Bank of Commerce at Simcoe to the credit of defendant Mary Pursel
was fraudulent and against the plaintiff and other creditors of H.
W. Pursel; that the interests of the defendant Mary Pursel in the
property in the pleadings (viz., the house in Leamington, the
motor car, the popcorn machine, and the moving picture business,
as well as moneys paid into court to the credit of his action) are
charged in favor of the plaintiff and other creditors to the
extent of $762.90, together with interest on the amount of each
cheque from the day it was deposited, which is to be computed at 5
per cent, and stated in the judgment.
Defendant Mary Pursel to
pay plaintiff's cost. Fifteen days' stay.
T. J. Agar for plaintiff;
F. C. Kirby of Windsor for defendant.