The Archive · 1922

History of the Case Reviewed in Supreme Court

JUDGEMENT FOR DEFENDANTS

Judgement in the action against the Shanghai Life Insurance Ca. was given by his Honour Judge Grain at H. M. Supreme Court on Saturday. Plaintiff, Mrs. King Chun-kee, sought to recover from the company 2) per cent., on its premium income for 10 years, according to an agreement entered into with her late husband, and a third Chinese (also deceased) when the company was.formed. His Lordship's judgement confirmed the contentions of the defence, that this agreement had been cancelled by mutual consent, and that the claim is barred under the Statute of Limitations.

Mr. R. G. MacDonald appeared for plaintiff, and Mr. Duncan Me-Neill for defendants.

His Lordship's judgement was as follows:

Plaintiff is the wife, and by the On March 3, 1905, the Shanghai Life Insurance Company was fvund-

It is alleged that King did all the work in making the company a success. Parker did not know and could not speak the Chinese laaguage and knew no Chinese individuals: That therefore it x King who got all the subscr' to the company, -who were, practically all Chinese, most of the directors being Chinese also.

King himself could not write or read English, but apparently could speak it.

All the minutes of the company itten in English.

10, 1905, an agreement is entered into between the company and one Tsou San-yuen, King} and Parker by which the company "agrees to pay the three named parties a commission of two and a necessary figures to' show what sum lis due to King's estate. In April, '1917, Parker goes to see the plaintiff and although she is ill in bed insists upon going up to see her. He then asks for the deed saying it is valueless and offers if she gives it to him to assist her in another action she has in the Portuguese Courts. She refuses.

Tu 1918, the plaintiff says she went to see Parker and he again a for the deed. n May 28, 1920, the plaintiff commences her action in this Court.

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

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