Shanghai, 17th October. Before H. F. Krxo, Esq., Actiny Assistant Judye.
Hanovirom v. E. T. Brewer, In this case the plaintiff claimed the jum of $80, balance of account for hire of 8 piano.
In reply to his Honour, the defendant said that the piano was hired by him for another party, M. Haimoviteh, the plaintiff, sworn, stated that the defendant came to his store on the with of April, 1902, and selected a Broadwood piano for hire at the rate of $6 per month. Witness was not present at the time; his wife was in charge of the store. The defendant said that he would send some-one round to fotch the piano. The next day a lady, Mrs, Newton, came in and said that Mr. Brower had chosen a piano the day before and would like it sent round to No. 130, North Szechuen Road. She signed the contract for hire, "Brewer, caro.of Mrs. Newton," and paid the first instalment. After that witness could never find either Brewer or M Newton, although for three months he was making enquiries. Afterwards he heard thnt the piano was in Soochow. When at last he met the defendant he applied for the money. The latter said that he would write to the Chinese who had the piano and that they would pay the hire. Witness did not Imow how the piano got to Soochow; it ought not to have been moved without his consent.
The defendant, sworn, said that he and 9 man named Newton were engaged to work a cinematograph show for some Chinese. They gave a performance at a theatre in Foochow Road. Witness went to the plaintiffs store and hired a piano for $6 per month. The piano w: hired for the Chinese who were employ ing witness. Witness told Mrs. Haimoritch that the piano was for Chinese.
His Honour said he would like to hear Mrs. Haimoritch's evidence.
Deborah Haimovitch, sworn, said that. ske remembered the defendant coming to the shop and hiring a piano. She told! him that the piano he had chosen was not a good one, but he replied that it was only for Chinese and it did not matter. By that she understood that it was meant for uso at some school. He did not mention any name. He said he would send some-one to fetch it that day. The same afternoon a lady came in and said that she wanted the piano that the gentleman had chosen. Witness said that the gentleman had not signed any contract for hire. The lady said that she would sign the contract, and did so. She signed it, "Brewer, care of Mrs. Newton."
His Honour said that the defendant had not made it sufficiently clear when hiring the piano for whom it was intended. If he was hiring the piano for some-one else, he ought to have made it clear at the time that the responsibility would attach to the person for whom it was hi There would be judgment for the plaintiff, with costs.
The defendant asked if he might pay the debt by instalments.
In reply to his Honour, he said that ho was working for the Metropole Hotel at a salary of $50 per month. Ho had arranged with the plaintiff for payment at the rate of $10 per month.
His Honour made an order for payment at $10 per month, the first payment to be made on the 17th of November.
Zen Lar v W. J. Fussente, Defendant—If this is published—His Honour—Will you tell me wh: you were making Defendan'—I was making no: hing.
His Honowr—Yon don't understand. If I come to the conclusion that you had means and p-si tively refused t" pay I shall feel strongly inclined to pur you in prison.
Defewiant—I have had a few friends to help me, but by ing wath His Lih [a Equitatsle sinew the 9th September Defenda T lost my position three or ing brought here, because the thing was published in the p-pers. T have only just now got a new sition.
Defenlant handed up documents referring te his uew appoilttment, and said that would simply make 10 per cent com-jin in connection with it. He had no ed salary. Answering further questions, he said he still had the box of effects which plaintiff gave over to him, but no furniture, He was living in an "awful hard way" in a room over a Chinese carpenter's shop. He was 43 years of ngo and had Vbecn 21 years in this country, but never befaxe lived like this.
His Honour said shoul leave it to the plaintiff to say ther she would have warrant of distri: or accept monthly instalment:
Plaintiff was willing to defendant another chance by accept 4 instalments, Defendant—Will you ask the reporters not to put this in the yer?
His Honour—T shell do nothing of the ort, Yeu go in for most mysterious nsactions." There has been no: hing sv here that cin possibly injure you in any way whatever.
er was made for the payment of ud of the month and $15. per month till the debt should he liquidated, W. J. Fusselle appeared in answer to a judgment summons, to show cause why he had not paid the sum of $20 and $3
Text read from the printed page and cleaned; old type leaves the occasional error.