Shanghai, June 7th Before R. A. Mowar, Esq., Deputy Acting Me. 0 8, Esau Defendant conducted his own case.
Defendant was sued as administrator of the estate of W. Croy, deceased, under circumstances detailed in the plaiutifr's Festing and data besves 5 Chakiang ax tmployé cient Chinkiang 2 the 1, Me Customs, and eho el intestate ete iting his ly the sum of Si a0 Shang: exrveney? sund ding his Ife and since lis deal hn, na lis agent Sod as agtut of ti defodant, an his administrator Gray, and for the benefit of his estate, of the value of Tis, 160; which sume are still duo and unpaid to the Plainti@ rho plaintiff ina demanded the said sums, mounting to Tls. 300 Shanghai currency, of defendant, Dut he had declined to pay them or any' part thereof. The plaintiff therefore prays that the defendant may be rel t" vay to him forthwith, the said sum of Tis: 300, together with the costs of suit, Defendant did not put in an answer to the petition.
Mr. Eaates simply mentioned that the sums 200 and Tis, 100, were the only items in dispute, and then called—Witiias Freperick WALKER, who deposed—I am an Awericau citizen, and reside at Chinkiang. Tam a commission agent. I knew the late William Gray. He was a tidewaiter at Chinkiang. I held a power of attorney from him, to transact all kinds of business for him, I Keld it for six or seven months before his death. He gave it me on his transfer to Shanghai, I looked after his buildings and houses there, collected rents, effected repairs, and generally managed his business. I on one occasion drew a mortgage for him for Tis, 500. After his death, I continued to act for the estate, under the authority of the Supreme Court. On one occasion he requested me to come to Shanghai, to look after the bankrupt estate of a Mr. Eggert. He wrote me a note asking me to do so. I came, and remained about four day it, Wainewright has all the papers, including the note Mr. Gra wrote me tocome toShangbai. After Mr. Gi decease I loked after his property generally. He had one two-storied building and one ngle storied building. Those were all. I collected the rents, $35 per month; and drew oura lease for one of them. I made disbursements for repairs, lr. Gray died on Novem ber 11th, 1874. (Book produced.) I know this pocket book. 'I first saw it la Mr. Mowat's office. [know the handwriting to be Mr. Gray's, L observe an entry in it, "WY, B, Walker, Tls. 200." I hada transaction with Mr. Gray, amounting to Tis, 200, When he bought the houses, Hent him Tls. 200. It was some time in April—the Ist, I think—1874. I have no voucher for that sum. I knew nothing of the existence of the book until saw it in Mr, Bowat's ofice. No part of the Tls. 209 has been repaid to me. (Lotter produced, of 14th November, from the Acting Consul at Chinkiang, asking petitioner to take charge of the estate, and famish particulars.) I did tamis the particulars, and took charge of the estate. I had charge of it before, by verbal authorit of the Consul, there being nobody to loo after the estate. I produce letter from ceased, dated October 16th, 1874, asking mo to come down to Shanghai on Eggert's aflaira, and offering to pay all my expenses up and dewy. (Other letters were produced, but they contained no allusion to remuneration, Petitioner said he thought there was another letter, but it was not produced.) I paid Tia. 15 for my return ticket from Chioklang and back. I lived at the Hotel des Colonies all the time I was here. They charged me $3 per day. I had to incur atier expenses. arrived it Shanghai on the Sth November, 1874. Gray was taken ill the same night, and Thad him removed to the Hospital, {had to pay $2 or $3 for the carriage. He died on the 10tb, and was buried on the 1th, I returned to Chinkiang the day after the funeral, Mr. Warsewnicnr, who was not present at the opening of the case, but to whom on his appearance the Court read over the plaintiffs deposition as far it had then proceeded, said his position in the matter was rather a passive one, and he simply wanted to do what the Court considered right in it; though he certainly thought that for services rendered since the death of Mr. Gray, the plaintiff was entitled to some remuneration, but he had no very distinct statement of what those services were. The plaintiff could probably account of them. With regard to services uring the lifetime of Mr. Gray,—there was no arrangement made, wu less plaintiff showed. that he was employed as an agent; and he (Air, Wainewright) thought that what he had done, appeared as if it had been done out of friendship. As far as he knew, the plaintiff had not made out his claim for services rendered during Mr. Gray's lifetime.
Plaintiff, in answer to Mr. Wamewnicnr id—The services I rendered during the lifetime of Mr. Gray were the visit to Shanghai, the preparation of a mortgage, and the management of is property for six or seven months. He never promised to pay me for my services, but it was understood that I was to be paid.
'Mr, Watxewricnt, referring to some letters produced, said the date of the letter giving plaintiff notice to hand over all papers, &c., to Messrs, Spencer and Wolff, was the 3rd' December; and he seemed' to have written that firm on the 7th January, handing eased ab the end of the year, up to which over the papers. His agency practically time he had collected Tis, 1(Cross-examination resumed—With respect to the loan of $200, he said he wanted it to purchase this property. I paid it to him in sycee. ho acknowledgment from him, Tdid not ask him for one. He had borrowed money from me before, Tls. 30 or Tls. 50 at atime. [swear positively that Ilent him the Ts. 200, that I owed him nothing, and that he was to repay it. He had never lent me money. There were no cross accounts. I had only to account to him for the rents collected, Tite account produced contains all the rents received by me for Gray, or for The Counr asked if Mr, Eam: put avy questions by way of re-examination to the plaintiff seemed only proper that the plaiutif! should Mr, Eames would merely suggest that it be paid something for what he bad dot before Mr, Gray's death. Plaintiff was a commission agent, had acted in the usual of business, and the charge he had-made aid not seem to be very hi The Courr said it wished to ask the plaintiff a few questions,—to which the following replies were given:—Betwoen the time of Mr, Gray's leaving Chinkiang and his death, T goleed Tie 2, Daring the tine of Bt, Tent the Tle, 28 40 Afr. Gray, though he bankruptcy, the houses were empty.
was owing me the Tis, 200. 1 had to pay for repairs, and might have sent him only ''s, 20, There was no agreement as to the time of tthe loan being repaid. No interest was to be Bled, to. yourself. I paid it in I first made the claim the day deceased
keep books. There is of this of receiv ig Tis, 800 about that time—noue of paying out Tls. 200, T had been la the habit of lending him money. I knew him for four years, We were together in Chinkiang all that time. f made hit half-a-dozen loans, chiefly in the last yes of his Iie, in, aums varying from Tle) 10 to Tis, 50. They were always quickly opald, generally about the end of the month, hen I lent him the Tls. 200, he had not received his instructions to leave Chinkiang. When he did I did not think it prudent to ask him for some security, I do not know what date he left Chinkiang. Thad a power of attorney to act for him, and it appeared to me to be a sort of security for the loan, Even the copy of his will is made out in my favour. His property was bequeathed between four relatives and myself. (It appeared the will was never executed.) Eggert owed him Tis, 500.
The Courr desired to say, with reference mantic col this claim to him, that he had no to the plaintiffs statement that ho had
recollection of it. He meant nothing more than that—the claim might very wel have been made without his recollesting it; only if the statement had been allowed to go fort! without remark, it would of course have been assumed that the Court endorsed the statement.
'The Covnr after again inspecting the pocket-book before mentioned, wished to call attention to these entries in it: "Land pur. chased, Tis, 1,300; W. F, Walker, Tls. 200.' Those were added together, making Tls. 1,500, and to these again was added another item, of Tls. 500, making the total Tls. 2,000. hat looked as if a man was making up his assets to see what he was worth—it looked more as if the deceased lad lent the plaintiff Tls. 200, than that the plaintiff had lent him that sum, All those items seemed to be assets, and not one of them a debt.
Text read from the printed page and cleaned; old type leaves the occasional error.