A Bill for £500
Messrs. Tolson & Chisnall, of Manchester, were plaintifis in a case which cam before his Honour Judge Grain on Wednesday at H.M. Supreme Court. Their claim was against Messrs. L. Walker & Ca., Ben Building, for £500, money lent by plaintiffs to defendants on) July 3, 1922, Mr. N. H. Langley-Smith appeared for plaintiffs. Defendants were not represented.
Mr. Langley-Smith stated that he had been informed by defendants'
Mr. Walker Sent the following solicitors cat) on the 13th instant leg ram from London to his representative in Shanghai (Mr. Gerrard): "Do not defend under the circumstances. Advise him liquidate. Ask if give instructions remaining drafts. May I close as soon as possible." The facts of the case, counsel continued, were very simple. On March 17 last, Messrs. Walker addressed to plaintiffs, a very substantial firm of merchants in Manchester with whom they had done a good deal of business, the following telegram; 'Not delivered 17 cases. We are short. of temporarily £500. May we draw upon you 60 days' sight. Will obtain immediate clearance, Telegraph whether we Strongly recommend." Plaintiffs cabled back agreeing, on condition that repayment was made within three months, The draft drawn by defendants on plaintiffs was ac-. cepted by them on sight in Man-/ chester and was actually paid by them on July 3. Repayment should have been made on or about June 20. On July 14, not having been paid plaintiffs drew upon defendants for £500, payable on demand through the Chartered Bank in Shanghai. This was just a way of trying to collect the money. Apparently the bill was presented by the bank and was not paid, and on August 24 the bank wrote to Messrs. Hansons informing them that the bill had been presented and was not paid. In the.meantime, Messrs. Hansons had received instructions from Manchester and applied to Messrs. Walker Ca. for payment, on August 25. Al. reply was received on the same day, enclosing copy of a letter which had been sent to the Chartered Bank stating that in the absence of Mr. Walker there was no cash to meet the debit. note and that an urgent wire was being sent to Mr. Walker. On instructions from Manchester, the bill was taken to the Consulate and protested. On!
September 8, Messrs. Hansons were-notified that a cable had been received from: Mr. Walker:—"Inform Hansons negotiating direct: Tolsons." The matter remained in. abeyance until plaintiffs sent telegraphic instructions to commence proceedings. A writ was eventually issued on the 5th instant, and counsel was then informed by Mr. Teesdale, acting for defendants,.
the case would not be defend-
His Honour having satisfied him-. self that defendants had knowledge: of service of the writ and that the: action was coming on, gave judgment for the amount claimed, with. costs, and interest at the rate of 7 poy cent. from July 3, 1922, to date: of payment.
Text read from the printed page and cleaned; old type leaves the occasional error.