The Archive · 1890

Aero Bank 0, Raphael

This case came before the court on an adjournment from the 3rd instant.

the plaintiffs, and Mr, Winxrxsox for the fr, Wanszwaiout again appeared for defendant.

Mr. WarxewRiout said—T have to apply to the court to allow the hearing to stand over, under circumstances which are well known to my learned friend. The fact is that the cross-petition is a very bulky as well as important document, and it has been impossible for me to prepare an answer to it yet, particularly as my learned friend two oF three days ago issued a new edition of his volume of prayers much more fall than the previous one, Mr. Wiuxrxsox—I mentioned, you may remember, on Monday last that I was going to do so.

Mr. WarNewrtcHT—Of course, and that was an additional reason why I did not hurry on with my answer, The prayers are very ample, and now we have the papers regarding Mr. Robinson that have already been the subject of discussion before your lordship.

His Lonpsure—I only wish to suit the convenience of the parties, but I must still hold to my intention of leaving on the 2nd.

In the course of some further discussion Mr. Wainewright said he was unable to form an opinion as to how long the case would take, Mr. Campbell, the manager of the bank, would leave for England in March, but' his evidence could be taken beforehand. In support of his application for adjournment, Mr. Wainewright stated that Mr. Wilkinson in his cross-petition mentioned that Mr. Benjamin rendered "fragmentary and unsatisfactory accounts"; and these might require a good deal of examination. If they were in Arabic they would have to be translated.

Mr. Witxrxson said his client, who was anxious to go away, was not ina position similar to that of Mr. Campbell, inasmuch as his evidence could not be taken as he (the speaker) did not know the case yet. Mr. Wilkinson added that Mr. Campbell would not even allow his client to remain in his (Raphael's) office until the affair was settled but had driven him out of it.

Mr. WarvewniGut said that statement might be useful to the reporters for paragrapha in the papers but i had nothing to jo with the case. He had not the least idea what the circumstances were, and he had heard nothing whatever from Mr. Campbell on the subject, His Lorpsnir said he could take no cog nuisance of the matter at that stage.

Mr. Witxrxsox said he had mentioned it as one reason why his client wanted to have the case heard as soon as possible, Tt was then agreed that the case should be put down for hearing if possible on Monday next.

13th February. Before Sir Ricuarp Rexxtm, Chief Justice, I Lix-yra any Cuano Pryo-wna Bint & Ca.

This was an action to recover Tls. 8,000, under the circumstances set forth in the following petition 1,—The plaintiffs are Chinese subjects resident at Shanghai. I Lin-yih has heretofore carried on' business on his own account as bean-oil merchant. Chang Ping-wha is employed as a broker or agent in the "Chin Teh Fung" foreign goods hong, and is also the propristoe of the "Teh Yuen" foreign goods hong; and the defendants are British subjects carrying on the business of commission merchants and produce brokers at Shanghai.

2,—On the 20th day of the 9th Chinese moon now last past (the 14th day of October, 1889), Yin Shen-fu, a godown keeper in the employ of the defendants, came to the plaintiff Chang Ping. hwa st the "Teh Yuen" hong and informed him, as the fact was, that the defendants were parting with their compra-dare and wished to obtain a new compradore: account of the dele nts Tls. 10,000, and who would be prepared to advance on

that his master-—the head of the defendants' firm—bad instructed him to get such a compas and he (Yih Shen-fu) wished to now whether Chang Ping-wha would take the post. Chang Ping-wha informed Yin Shen-fu that he would give him an anewer in three days.

together that the plaintifis should accept made by Yin Shen-fu thi e paint agreed 3.—In consequence of the statement 80

the conditions offered; that the plaintiff I Lin-yih should become compradore and that the plaintiff Chang Ping-wha should advance Ts. 5,000 of the sum required and should have half the interest in the profite of the compradore's business, and it was further agreed that I Wei-chen, a Chinese subject at the time engaged in the Ta Fung" foreign goods hong, should become shroff under I Ling-yih, and on the 23rd day (the 17th day of October, 1889) Yin Shen-fu having called again upon Chang Ping-wha, Chang Ping-wha informed him of the arrangement which had been so made and Yin Shen-fu left to communicate the same to his master. In the afternoon of the same day Yin Shen-fu returned to Chang Ping-who and informed him that he had told his master that I Lin-yih would take the post of compradore and paid as security in the first instance; and that his master required Tls. 5,000 to be

hang Ping-wha then informed Yin Shen-fu that he would pay the same on the first day of the 10th moon.

4.—On the Ist day of the 10th moon

the office of the Tjefendants and handed the day ed October, i) the ary ing-wha proceeded accordingly to

Yin Shen-fu for delivery to the forei head of the firm drafts on Chinese has due on the Gth day of the 10th moon

ist is given in the first_schedule hereto, 29th day of October, 1889) of which a amounting in all to Tis, 5,000, as payment of the Tls. 6,000 required to be paid as security as above mentioned. A list. of these bank drafts is set out in the schedule hereto,

Text read from the printed page and cleaned; old type leaves the occasional error.

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