Brxweurz, Mr. W. N, Symonds appeared for the tiff and Me. L. E, P, idant.
The plaintiff claimed (1) That an account be taken of all monies and partnership shares and transactions bolweon the plaintiff and the defendant carrying on business in partnership together under the name or style of H. Bounenz & Ca, importers, exporters, financiers and general merchants at Changsha in the Province of Hunan, China, under the partnership ngreomont made betwoon the plaintiff and defendant and dated the 4th day of July, 1904; (2) Payment of the amount found due to the plaintiff; (3) coste of this action;(4) for further is Lordship would the case was before him on the 2nd of April he ordered pleadings to be filed. Counsel thought the best plan would be for the defence to be read.
His Lordship—t have read it, otatement of defence was as 1—The plaintiff is " citizen of the United States of America and the dant is a British subject.
—The defendant admits that an agreement was entered into between the plaintiff and defendant and that it bears date the 4th day of July, 1904, but alleges that the provisions of such agreement have never become operative inasmuch as the firm of " H. Bennertz and which between the defendant of the one part and San Hoo-tang and Siu Seangching of the other part (the terms of which agreement wore well known to the plaintiff at the time whau he onterinto the ssid agreomout of the 4th July, 1904, and were the basis of the said agroof ished, sha at any 1 to this action open to fendant further alleges that the said agreement of the 4th day of July, 1904, was entered into without any consideration moving feom the plaintiff to the defendant and does not therefore amount to a contract binding upon the defendant.
4.—In the alternative the defendant alleges that the said agreement of the 4th day of July, 1904 was on or about the 29th day of June, 1905 terminate g
Text read from the printed page and cleaned; old type leaves the occasional error.