@Tigger
Quote:
Tigger wrote: Quote:
fairlanefastback wrote:
Another element you seem fit to twist is that what you call the $2500 Bill McEwen "receipt", its really a wire transfer *request*, not a receipt, which the Hyperion lawyer continually has pointed out. Did the money not get sent, did it indeed get sent? Neither you or I can know that, but its not a receipt of a completed wire transfer, plain and simple. And again its certainly nothing that Hyperion issued any receipt for either.
|
Hyperions lawyer didnt say that they didnt receive the money did he? No he said that the included document was a request for the transfer and not proof that it did occur. Now if it didnt occur he would have said we didnt get the money. He pointed out that even with that money they only sent $24,750. Thats true, Hyperions lawyer even admits that the 40K sent to Hyperion really happened, but it was for other things (arctic PDA agreement, etc). -Tig |
You can ignore the reality that cases are often built on multiple theories if you wish but its a basic methodology used by lawyers for a layered defense. They have not admitted getting the wire transfer. At the same time so far Amiga has not been able to prove that they have. So both sides have said nothing definitive in that regard. Amiga has tried to give the appearance with what they could find, but its not definitive. It may be enough to sway the judge though, hence why multiple theories are presented by the defense.
The $24,750 number is one of many "even if" scenarios Hyperion's lawyer throws out there for consideration. He is covering several scenarios in an attempt to show why even if the judge chooses to accept certain things as fact that they still would not lead to a decision in favor of Amiga (in his mind, as Hyperions advocate). It does not mean you add up the sum of what is said in different scenarious and theories as they are presented.
As an example, Hyperion to an extent, *for the sake of illustration of my point* proceeds *somewhat* in this manner:
Arguement #1 $25,000 was not sent, less was, hence we only issued a reciept for $22,500 (which was a typo for $22,250 payment).
Arguement #2, well ok if you don't buy arguement #1 Judge it still does not matter because Amiga can only show for sure sending $22,250 from their end. So again $25,000 was not sent.
Arguement #3, well ok if you don't buy arguement #1 or #2, it still does not matter because then at best we were sent only $24,750 of the $25,000.
Arguement #4, well ok judge, you deem the $250 not material enough, ok well they owed us other money first for other things.
Arguement #5, well ok yes they sent other monies, but still owed us beyond still
Arguement #6, BTW its not a buy-back anyway, we still have a license!
etc etc etc
So your statement:
Quote:
Now if it didnt occur he would have said we didnt get the money. |
Is not really going to be accurate all the time when it comes to a defense lawyer, far from it IMHO. He will likely be reserved to what he can state for sure if he is a good lawyer, what he can say for sure right now is there is no proof that they got $24,750 in that transaction and that they admit only getting $22,250 that they further admit they accidently invoiced as $22,500. You aren't in his head, its not clear that if "A" does not occur that he will then say "B". Again your conjecture, but not stated as conjecture. Opinions and conjecture can still lead to a valuable conversation, but presenting them as fact is not fair or proper, on a number of levels IMHO.
Last edited by fairlanefastback on 21-Jun-2007 at 09:27 PM. Last edited by fairlanefastback on 21-Jun-2007 at 09:24 PM. Last edited by fairlanefastback on 21-Jun-2007 at 09:21 PM. Last edited by fairlanefastback on 21-Jun-2007 at 09:14 PM. Last edited by fairlanefastback on 21-Jun-2007 at 09:13 PM.
_________________ Pegasos2 G3 running AOS 4.1 and MorphOS 2.0 Amikit user, tinkering with Icaros VM (AROS) EFIKA owner Amiga 1200 |