[12]
Many proofs
might one advance and set forth to show that the plaintiff's claim to a sum of
banking capital is malicious and baseless. But the strongest proof of all that
Phormio received no capital is, I think, this: that Pasio is set down in the
lease as debtor to the bank, not as having given banking capital to the
defendant. The second proof is that the plaintiff is shown to have made no
demands at the time of the distribution of the property. The third is that when
he subsequently leased the same business to others for the same sum, he will be
shown not to have leased any private capital of his own along with it.
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