Between the Trustee of the property of R.
Therburna debtor, and Wa Hargreaves a Bankrupt, Plaintitis; and the Chartered Bank of India, Australia, and China, Defendants.
This is a claim by the Trustee of the Estate of R. F. Thorburn and William H: ves: the plaintiffs, against the Chartered Bank of India Australia and China for Tls. 7,768.32, the proceeds of certain goods, hereinafter mentioned, received by the defendants, and claimed by the plaintiff to belong to him as the Trustee of the said Estate; and by the consent of the parties, and by order of the Acting-Chief Judge, dated the 27th day of January, 1871, the following case has been stated the opinion of the Court under the Gth Rule of procedure without any pleading.
Ist. From the year 1867, to the month of May, 1870, the said R. F. Thorburn and Wi Yiam'Hargreaves, carried on business as Merchants and Commission Agents at Shanghai in copartnership, under the style of *R. B. Thorburn," the said William Hargreaves having a three-fifths interest and the said R. F. Thorburn a two-fifths interest in {he said copartnership business.
2nd.—The said firm of R. F, Thorburn was in the habit of obtaining loans' from the Chartered Bank of India Australia and China (and other Banks,) upon goods, giving to the said Bank a promissory note in the following form Taels One month after date fixed, 1 promise to pay to the rel Bank of india, Australia and Chink or order, the ofice of said Dank here, Tala Shanght eu:
Text read from the printed page and cleaned; old type leaves the occasional error.