Mr. H. D. Rodger, for plaintifis, made an application for judgement by default for a claim of $30,000 from defendants under a letter of guarantee dated October 27, 1920. The application was based, said counsel, on an affidavit, a copy of which was served on defendants. It was signed for by Mr. B. Gainsborough (vice-president and Oriental manager of defendant firm) as having been received by him. Defendants had declared that they did not wish to defend the action and desired to leave the issue to be decided by the Court.
Upon the name of the defendants having. been called three times by the Court Marshal and their failing to answer, Mr. C. Tichenor, manager of the import and export department of plaintiff firm, stated that there had _been a deal in steel bars from the United States. When the transport arrived together with the invoices it was discovered that the Trans-Pacific Corporation had "shipped the short ton." It was impossible to dispose of the consignment unless defendants made up the weight. This they said they could not do.
Text read from the printed page and cleaned; old type leaves the occasional error.