Shanghai, 2nd July.
Before F. SA Bourse, Esq., ing Chief Justice.
Fereart x. T. C. Cowes, The Pxtition of the plaintiff reads as 1.—The plaintiff, Ernest Edward Ferrati, is am Austrian subject and " in the employ of Mons. E._L. Mondon, 65 and 67, Rue Montauban, Frevch Concession, Shanghai.
2.—The defendant is a British subject residing at Shanghai, Lis, Neu!
Shanghai, and is a journalist.
3.—'The defendant is indebted to the plainti in the sum of 4,000 yen, being money advanced and lent by the plaiutif? to the defendant, together with interest thereon at the rate of 6 per cent per annum, Particulars—1901, Jan. 16. Money lent to the defendant, 4,000 yen. Interest thereon at the rate aforesaid from 16th January, 1991, to the date hereof, 290 yen, making 4,29) yen.
The Plaintiff therefore prays 1.—That the defendant may be ordered to pay forthwith to the plaintiff the said sum of 4,290 yen, 2.—That the defendant may be ordered to also pay to the plaintiff interest at the rate aforesaid on the said sum of 4,000 yen from this date until payment.
3.—That the defendant may be ordered to pay the costs of this sull.
4—That the plaintiff' may have such further or other relief as the nature of the case may require.
The defendant to this petition is Thomas Comen, of Lit, Nanking Road, Shang-'There was no answer.
Mr. F. Ellis appeared for the plaintiff, and defendant was not represented by counsel.
His Lordship—t see there is no answer to this petition, which appears to require one.
Mr, Ellis said that he thought he would be able to bring the proceedings to a very I speedy termination. After the petition was filed, his partner Mr. Browett, who was counsel engaged in the case, entered into negotiations with the defendant's counsel, Mr. Latter, with regard to this and an arrangement was arrived st to the settlement of this claim. He would put that arrangement in his evidence, but he would have to call the plaintiff, ae a matter of form, t" prove it. It was an arrangement by which the defendant admitted the debt and agreed to pay it off by instalments. He paid one instalment of 500 yen, and the balance of the debt was to be paid' by instalments of 200 yen on certain dates. That arrangement. or rather agreement, was signed by Mr. Cowen. One of the conditions of the agreement was that on instalments being rosularly brid no further proceedings should be taken. After the plaintiff had proved the agreement he would put it in as evidence and then ask for judgment for the amount claimed. The defendant admitted that he owed the money, and paid 500 yen on the debt, for which'a receipt was given.
The defendant admitted that the signature to the agreement shown him was_his own, Mr. Ellis submitted that it was unnecessary for him to give any further evidence. He need not call the plaintiff to prove the agreement, as the defendant had admitted his own signature. The petition stated that this was money lent and advanced, and the defendant, in the agreement, admitted that he owed the money, had paid 500 yen on account and hai agreed to pay the rest by instalments which had never been paid. He (counsel) therefore asked for judgment for the balance of the money owing It wassgreed j that the ersts should be taxed at 190 yen. 500 yon had been paid, leaving 3,500 ven and ousts 100 ven, the fa'l amount of the de't being thereto-e 3,600 yen.
His Terdship ase? the defendant to i speak on the m fter.
Mr. Coven—I don't admit this is my debt. Tt is the " China Times Mr. Ellis pointed out that in the azreement the defendant admitted the debt and had paid a small part of it.
Mr. Cowen—It iano use viving jrde-; ment against mo, as [have not the money. Ibis s debt of the "China Times" pire and simple. Tcannot help what arrangement was arrived at between Mr. Browett and Mr. Latter. They knew that until the money came from Tientsin I could not pay anything. I received the 500 yen from Tientsin.
His Lordship said that this, of course, was no answer. He must give judgment for the amount claimed, 3,600 yen.
Text read from the printed page and cleaned; old type leaves the occasional error.