The Archive · 1924

An Alleged Breach of

TRUST

Tls. 41,641 Claim by Messrs. Lox-ley & Ca. Against a Former Department Manager In the Norwegian Consular Court, on Monday, before Mr. N. Aall (Consul-General and Consular Judge for China), sitting with Messr Evensen and Brodtkorb as assessor: Messrs. W. R. Loxley & Ca., general merchants, commenced a civil suit Jagainst Mr. Alexander Roe Robin-ison, & Norwegian subject, trading! as 'A. R. Robinson & Ca., general merchants. The plaintiffs alleged 'a breach' of trust and claimed damages amounting in all to Tis Reader Harris ap. represented, but intimated his desire to retain counsel.

In opening the case, Mr. Harri stated the defendant formerly was in the plaintiffs' employ as manager of their metals and sundries department. He joined. on January 1, '1921, under an agreement for three years. On September 30, 1928, the plaintiffs gave defendant notice that his agreement would not be renewed after its expiry at the end of that year and from the day he received their letter he appeared to) have gone in for a series of what only could be called systematic frauds on his employers. Counsel said he used the word "fraud" well knowing that it was used in court unless proved up to the hilt, and he proposed to offer proofs in documents actually signed by the defendant. On September 28, defendant had ordered from Messrs. Heydemann Ca, of Bradford, G00 bales, or 120,000 1b, of "hosiery yarn, through the firm's representative, Mr. D. H. Cooke, and he did it in his proper capacity as manager of his department, After receiving notice of the termination of his Jagreement, he went to Mr. Cooke land informed him, without any thority from the firm, that he was Loxley could not take only 150 bales, and arranged personally to take over the extra 450, keeping this entirely Jdark from Messrs. Loxley. These! /459 he sold to dealers at 3/54, 3/44, srband ose Retres: or prices ¢., or prices Before anything happened to the other 150 bales, business: transpired with regard to exchange contracts, in one case resulting in a loss, and the defendant, part of whose remuneration came' from a percentage on profits, was very angry and remarked to Mr. Nielsen, the accountant, that he would feause the firm thousands of taels loss. Then followed deals in which the defendant purported to have sold the 150 bales, in lots of 50 bales, to three different dealers at 8/68 c.f. and c, which was a good price, but for some reason "cancel ed" was written across the contracts and three others made out 3/43, which also might be considered satisfactory. After defend-fant had left Shanghai it was dis-fevered that the dealers' copies of thes ing. It was not until defendant had left the country that the dealers would show their copies Jand then it was found out that their contracts had been made out by defendant at Tls. 1 ex-godown, including charges, and there Was no press copy of that in the office. So the firm suffered a very serious loss, in addition to the market being spoiled. Counsel contended that it was nothing but one fraud on top of another, "Some of the motive could be understood since it had been ascertained that the then No. 2 in the firm of Loong Shing Chang (one of those who had received the altered contract) now is defendant's compradore.

Counsel further stated that hho had copies of letters written by the defendant to Messrs. Heydemann, dat fed subsequent to the dates on which they were written and despatched, showing that he kr ow he was com: mitting a breach of his agreement, (Defendant also had made statements that Messrs, Loxley were having: trouble with their Chinese buyers, which was a very serious matter, for it was entirely untrue, Mr. D. H, Cooke then gave evid~ jentified a number of cables which passed be-messrs, Heydemann and himself.

He said that, the defendant made him a firm offer for 600 bales of worsted yarn and shortly afters wards told him that Messrs, Loxley were unable to confirm the order and only could take 150, adding that ald probably fix'up after he Sananey. "Ha sore or ips espe the other 450."

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

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