Mansfield, I have arrived at the following conclusion (1) If the Hongkong & Shanghai Bank considered that the chops of the Yuen Kai and Ting Liwo Chinese banks were sufficient: evidence that these two banks accepted liability on account of the bill ut exch:
tory ground for desiring the two Chine: Hongkong Shang Bavke-had no satis Danks to hand them money orders in adi tion. If, on the other hand, the Hongkong and Shanghai Bank considered that the chops of the two Chinese banks were not sufficient evidence, they should have raised the objection at the time. In this the action of the Hongkong and Shanghai Bank has been wanting in consistency or uniformity.
(2) After a bill of exchange has been once accepted, the rule is that it must be paid at due date, and the obli to pay it cannot be suffered to be evaded in the slightest degree on any pretext. It was not the business of the' Hongkong and Shanghai Bank to enquire if the Yuen Yuen-chang firm had goods or had not Bank's compradore: at ood: The Hongkong and Shanghai ybe says in his d evidence, "Although the manager did n entirely agree to this course, indicates an exceptional concession or irregular compro (3) With a bill of exchange amounting; to $15,000, it might have been expect that the greatest care would be taken. Instead of this, we find that an erroneous bef: telegram was despatched from Kobe and herein the Bank cannot be, acquitted of the want of ordinary care and vigilance.
Tam of opinion that as the Hongkong and Shavghai Bank has violated the priuciples necessary to be observed in dealing with bills of exchange in all these three respects, the Yuen Kai and the Ting Liwo banks should be held free of liability in this case. With regard to Hsii Kwo-che: the head of the Shanghai Yuen Yue chang firm, as he received $15,000 from the Hongkong and Shanghai Bank and did not ship the goods tu Kobe, retexte which he pute forward to evade lability cannot be considered as sufiiit. If would be unreasonable that the amount of the bill of exchange should not be recoverable' at either end, either at Shanghai or at Kobe, either from drawer or from drawee. In the first place, therefore, Hau Kwo-chen is ordered to be detained and made to pay the amount of the bill, As he states that Pao Taii-king. really owes him money, he is ordered, in order to try the truth of his allegation, to petition the Court to apply for the rendition of Pao Tzu-k'ing.and to Liven Compzatsts.—Dr. King's Dandelion and Quinine Liver Pills, without Mercury, tent, remedy; remove all Liver and Complaints, Bilioumess, Headache, ess, Shoulder Pains, Heattburn, Inion, Constipation,. Made only in London. hold himself in readliiess' to be confronted takes in the event of any: infringement of with kim in this Court, so that if necessary the conditions made to repay the money he may be empowered to recover the money himself, the words Qj gRA. fai huan due hits from Pao Tzu-king, tu go towards the repayment to the Hougkung and Shanj pao en "nccnrity responsible fr. ropayment" on behalf of the-principal should hai Bank of the amount due to then. written on the document.
Kuwo-chen is ordered to use the utmost The case of the drawer of the bill, Hsit diligence in effecting a settlement and warn-Kwo-chen, of the Yuen Yuen-chang firm ed of the consequences to himself of impro-stands ona very different footing, and his per dela Mr. Manstield—The decision of the conduct has been characterised by a want of good faith throughout. Letters and istrate in this case has been read, and telegrams have been put in which show I wish to add a few words on the subject. that. he endeavoured to persuade To deal first with the case of the Chinese drawee to meet the bill misleading statements of goods which were being shiptrary, rity in the ped. He must be eld responsible until is bill of exchange is paid. I cannot shape of certain godown orders and title believe, in spite of the erroneous telegram, deeds from the defendant Yuen Yueuthat he ever believed the bill to have been chang before affixing their dups to the paid by the drawee, knowing as he did that Dill of exchange. On news arriving by the goods had not gone forward, as he had telegram at the Hongkong & Shanghai promised they should.
Bank of the non-payment of the bill, the Bank, not satisfied apparently with' the security of the chops on the original bill,
Text read from the printed page and cleaned; old type leaves the occasional error.