Shanghai, 11th November, 1884. Before Sir Rycnand Temrre Rests, Knight, Chief Jistice.
Oscar Branvr v. J. M. Runaer, A, Mo-Leon, 4, Mysuxou, W. How, J. J.
Keswick and J. S. Fearon, Mr. Rt. E, Warsewnicur appeared for the Plaintiff, and Mr. A. Roaixsow fur the The ease was resumed fom the 3ed inst.
Mr, Warnzwntonr intimated that before going further with the case he wished to apply for leave to amend the petition by asserting a new paragraph, Ie road the paragraph, which alleged that the action Of the defendants in expelling the plaintiff from the Race Club was not lo @ fide, but was unreasonable, enpricious, and the result of proud His Lorvsure thought it w: to amend the pi. Mr. had had ample time to amend the petition out of Gourt, Me, Watvewnrcur eat he had given Afr. Robinson notice of the amendment on the 8th inst, His Lonpsmr if Mr, Robinson objected to the ame ment he should not allow it, Mr. Roprxsox anid he could not agree to the amendment, because it introduced an important element whi at all in the ense as it ori After some further argument his Lordship refused to allow the amendment, Me, Warzwatcur apprehended that in apito "f his Lordship's refusal to: allow the mnoudmont he was still entitled to quontion thi bows fides, og the defendants had Taylor v, Bell, where the det alleged bona fides in their Lordship held that the plai led to go into es. With regard to which his client sought to rhe took it Unt hie case for damage ted chi fly on Lord Onirns's Act, 2) and 22 Vie., Onp. 27. Mr, Wainewright cited the cares Eastwood and Levor 33 L.J., Chan,, 355) and Fritz and Hobson (14 L.J., Chan., 542), as showing that the plaintiff, having shown to the aatisfuction of the Court that dant was wrongful, ges if he could prove ud not had reasonable 80 for their action, Mr. RoBINson tndoratood that the defondsnts' action had been held to be not wrongful, but invalid, Mr. Warseweicur said their action was invalid and therefore wrongful, is Loupsure asked Mr. Wainewright it he could cite any cases where damages had against a Club Committ AINEWRIGHT said he could nots His Loupsmip—hen 1 understand that if I give damages against the defendants, I shall be giving a judgment which hus never been given before.
Mr. Warszwetcat—T{ think yon will be acting by analogy. I think I can cite several cases in which damages have been given without any precedent for it His Loxpsare—Oh, I dare say. I think that is very likely.
Mr. Warszwstour cited the conse of Bowen and flail, Court of Appeal, Q.B.D., 333, and continued to argue that under Lord Cairns's Act the plaintiff was entitled to recover damages.
Text read from the printed page and cleaned; old type leaves the occasional error.