Shanghai, March 3.
CARLOWITZ AND CE. 0. H. J. BLACK.
Mr. W. 8. Fleming, acting for H. J. Black, yesterday afternoon filed a dewarrer to the action at the instance of Carlowitz and Ca. who are suing for a sum amounting to almost Tle. 30,000 as damages for the defendant's refusal to accept delivery of watches ordered for the Shanghai Watch Club. The de-appears from said complaint that Carlowitz and Company, the plaintiffs named in the complaint, are a firm or ce-partnership, whereas said complaint is entitled in the name of "Carlowitz and Company" only and not in the names of the members of said firm.
2.—That there is a defect of parties plaintiff in that it appears from said complaint that the plaintiffs are a firm or ce-partnership and said complaint is not entitled in, nor does it state the names of the members of said firm or ce-partnership.
2.—That there is a defect of parties defendant in that the other members of the ce-partnership known as the "Shanghai Watch Club" are not joined with this defendant.
4.—That several causes of action have been improperly united in said complaint.
5.—That said complaint does not state facts sufficient to constitute fifth paragraphs or any of them state facts sufficient to constitute a cause of action.
6.—That said complaint is am-bignous, unintelligible and uncertain in the following particulars (a)—That it cannot be ascertained therefrom what were the terms end conditions of the several contracts mentioned in the complaint.
(b)—That it cannot be ascertained from said complaint what, if any, obliga tions were incurred by this defendant or by the "Shanghai Watch Club" under and by virtue of the contracts mentioned in said complaint.
Wherefore, defendant prays that said complaint may be dismissed and that he may have judgement for costs.
Text read from the printed page and cleaned; old type leaves the occasional error.