AND ce.
This was an adjourned hearing of a claim against " Ningpo finn for sum of Tls. 1,200, being bargain money paid to defendants for and on account of 5,000 bags of American flour ordered from defendants, which flour defendants failed to deliver within the limited period of time, namely the end of May, 1907. Plaintiffs also claitned interest on the money from May 12, 1907.
Mr. W. H. Been appeared for the plaintiff and Mr. J. H. Teesdale for defendants.
Mr. Teesdale, in opening the case for the defendants, said that the money had never been received by them and that he would prove that the man Chu who absconded paid it into his private account. The receipt was given to Chu after the Hongkong and Shanghai Bank had dishonoured it, as Chu said that if he bad a receipt to show Wong he could put the matter right. When Chu absconded his shroffs accompanied him, '80 that it was difficult to prove that the Iaintiff and Cha had been in partnership and were in fact in partnership in this flour business, but counsel had been able to get two witnesses who would speak as to the relations of Wong and Chu. Counsel argued that there was no delay in the delivery the flour.. It was to be delivered as promptly as possible and this was done.
T. Y. Pearson said that he was sole partner in the firm of T. Y. Pearson Ca., Ningpo, importers, exporters and general agents. Witness had been in this business over four years and plai Witness had a man named he had done business in hides with
Chu Ngo-koh, whom he employed at different times for two years up to March last gs an interpreter. In 263 regularly as—compradore for fire insurance business and Chu also did the other work in connexion with the export business. In 1906 Chu and plaintiff were in business together dealing in feathers. hu then asked witness to allow plaintiff to pnt up his (witness's) hong name onteide plaintiffs hong. In April last Wong and Chu went to witness's office and Chu said plaintiff wanted to buy 5,000 sucks of flour. The price was $G. 3.90 Shanghai. They saw some samples and witness ordered the flour by cable, Witness stated that he would want Tls. 1,200 bargain money and they agreed." The native order was handed to witness on April 23. Chu afterwards told witness that he had a half share in this flour business, Witness sent the draft for Tls. 1,200 to the Hongkong & Shanghai Bank if} and it was returned dishonoured. The cheque was payable in ten days. A request was made to witness for a receipt and he said that he would give one when the draft had been honoured. The plaintiff understood and agreed that he would not be given a receipt until the draft had been honoured. When the draft was returned witness saw Chu about it and asked him for an explanation, but he did not give one. Witness told Chu to see plaintiff and inquire the reason of this draft being dishonoured and Chu anid if witness gave him a receipt he would show it to plaintiff and get the money. Witness had done business with plaintiff for three and a half years and he had trusted him with thousands of taels for hides. The receipt was handed to Chu jat his request and he was to and arrange matters with plaintiff. Chu was to show plaintiff the receipt so that he might see that it was all right. Chu also took away the dishonoured cheque. The cheque was not returned to witness, neither was the receipt. Witness asked Cho for them and he said it would be all right. At that time witness had no reason to distrust either Wong or Chu, and he was very busy. On many occasions he had asked Chu for the cheque and receipt. Early in Jane plaintiff called on witness and asked him when the flour was coming. Witness replied that the flour would arrive about the end of June. Witness asked plaintiff when be was going to let him have the native bank order, and he replied that it had been given to Chu. Witness told him that he had not received it. When Cha returned witness taxed Chu and he admitted having received it and used it for his own purposes. Witness had a settling up and he told Chu that he must find the money. Witness would have had Chu locked up, but he had known him for a long time and Chu promised to act on the square, s0 he did not do so. The next day Chu snd his staff disappeared and took their books with them. The books were afterwards found at Chu's house. In one book there was an entry with regard to this cheque when it was dishonoured—the amount was credited and debited. When) Eh iran aveyhejowed witness
Text read from the printed page and cleaned; old type leaves the occasional error.