and A. Davexronr, Esq., Assessor, W. Bur & Ca., Liquidators of the late Firm of Punnosr & Ca., v. CHU-HSEUEN-FU.
Claim for Tls. 1,149.66 being balance of account together with interest due on a shipment of 2f bales Silk to Europe, on which an advance was made to the shippers, the defendant becoming guarantor to make to the plaintiffs any loss which might be sustained on the goods shipped, and to whom a guarantee commission was paid.
Judgment.—The three firms, Chao-e-ho, Shin-chang-tae, and Til Lhsing-shing jointly purchased 2 bales of silk which Choo-liseuenof the Tsimng-shing hong asked Ting-Pincha to deliver to the foreigner Birt to send abroad for sale on their account. When the news came from abroad that there was a Joss of Tls. 1,400 the invoice was handed to Pincha, to give to Chao-sheen-fu, for communication to the silk dealers, Chao-e-ho and the Afterwards Pincha gave Birt Tls. 600, and the balance, which has been owing for years, -amounts, including the interest due, to the sum of Tls. 1,149.69. Dedueting the' amount already paid'and the Tls. 200 and upward interest, which hasbeen remitted by the plaintiffs, a balance is still left of Tls. $70.62.
When confronted with the parties to the suit, the silk-dealer Chao-e-ho stated in evidence that this debt had been settled by a de-
silk account by Pincha, and in corroboration Auction of upwards of Tis, 1,000 from another of his statement he produced invoices and account books.
As it would seem that the silk-dealers were in nowise implicated in this case, the liability devolves upon Pincha and Shseuen-fu to pay the amount in full within the period of ten days, and they are hereby ordered to sign bond and find securities in order to facilitate the recovery of the amount by the Court.
With regard to the complicated accounts existing between Pinchaand Shseuen-fu, ass00n as they shall have paid in full the loss on the foreign shipment, they will be commence a separate suit in this Eemiteed to
Text read from the printed page and cleaned; old type leaves the occasional error.