This was a claim for $389.17, money had and received on account of the plaintiff, and for the price of goods sold and not accounted for.
Mr. Buowerr appeared for the plaintiff.
The defendant appeared in person.
Mr. Browerr said that defendant had been employed by the plaintiff to sell certain goods on commission at some of the northern ports, and that this suit had been brought to compel payment of an outstanding balance. He then read the pleadings, which were as follows The Petition of H. Rosenaweig trading as Rosenaweig & Ca., of Shanghai, shows as follows 1.—That on the Sth day of March, 1889, at the request of the above-named defendant they supplied him with certain goods and con-occasions: rsubsequenty amounting in the whole tinued so to supply him on various other to the sum of $389.17, A detailed account of such transactions is attached to this petition.
'2.—That all times elapsed and all things happened to entitle the plaintiff to receive payment of such account and though frequently applied to by the plaintiff to that fect the defendant still refuses to liquidate the same although not disputing the correctness of the demand.
The plaintiff therefore prays 1,—That the defendant may be this Hon'ble Court to pay to the pi said sum of $389.17 together with the costs of this suit, '2.—That the plaintiff' may have such further and other relief as the nature of the case may require: (signed) 'H. Rosexzwaic.
The answer of the above-named defendant to the petition of the above-named plaintiff is as follows 1—The defendant does not admit the truth of the plaintiff's statement that he owes the plaintiff the amount contained in the Ist paragraph.
2.—That the defendant on his arrival in Shanghai gave the plaintiff a full account of all transactions.
3—The defendant intimated to the plaintiff one and he should require time for payment of that the journey had been an unprofitable 4. hat defendant hereby declares that he did and does dispute the aniount specified in the petition.
5.—The defendant admits his liability to the plaintiff for the amount stated in his account rendered to them, but being out of employment finds it impossible to liquidate the sume at present, but will undertake to do so in the event of his obtaining employment or ability to raise the amount from other sources, (Signed) Grorcr Morcay.
His Lorvsmir said that he could not gather from the petition how it was that referred to; he could find nothing as to his defendant obtained possession of the goods having been employed to sell the goods at the outports on commission, The 4th and 5th paragraphs of defendant's answer seemed to be in direct contradiction to one another, Mr. Bxowsrr said he would put the plaintiff in the box and allow him to tell his own story.
'ZWEIG, sworn, said—I am an Austrian subject, and a merchant trading in Shanghai. I knew nothing of defendant till the end of February last, when he cane to my place of business, He told me that he had been employed by several other firms hereto sell goods oncommissionand he asked me to let him have some goods. I agreed and it was arranged that he should get 10 per cent. and pay all his expenses with the exception of the keep of a boy, whom I sent with the goods, and he (the boy) was to get 26 centsaday. asked him to insure the goods and I was to pay the premium, All the oxponsos with the exception of the boy's mess, and the insurance was to be paid by the defendant. The goods he received were all. Br pr oper gen and packed in nine boxes. He left on the morning of the 8th March. He sent us down some accounts (produced), but never any cash account sal Fthought the defendant had m of his own as he did not ask me for any advance, and he did not say he had no money. On his return to Shanghai he came to see me on Saturday, 27th April. He said he had no time then to hand me an account of the goods and final returns, as he was going to the races, but would do so on the Monday following. The supposed balance of the goods unsold was brought back to me the same Saturday by the boy. I next saw him on Tuesday, but I was busy and could not then attend to him, ho then handed over to my clerk $24.35, which he had collected in Chefoo and Tientsin on account: of some bills he had collected for us, not on account of the goods entrusted to him, He then told my clerk that he would furnish accounts and a return of the goods next day. Next day he did not come, and although I sent for him twice he did not come till the Friday following, when he brought back the sale book. The boy had brought back the other book the previous Saturday with the balance of the goods. On getting back the sale book I went over the goods, compared them with the book and calculated the amounts he ought to account for. I had much trouble in getting the defendant to render accounts. My suspicions were ye unch aroused, and I pressed him as mud as possible. He could have made out the account from the sale book in about two hours. I never authorised defendant to use my funds for his expenses. On Friday when he was not ready to settle with me I urged him to pay up. He said that he did not think the amount due was so large as T
Text read from the printed page and cleaned; old type leaves the occasional error.