R. Dantas & Ca. v. Barr O'OomnoR.
This was. claim by Rv. Dallas:& Ca: merchants, of Kiangse Road, against Bart O'Connor for Ts,.298 for rent for the mth6.f April and May of premises-at. 6, Ningp" Road, and for $11.25: for water ied.—There was sob off gud coun-
Mr. North Symonds apposred for defendant. plaintiffs and Mr., E. H. Lemme for ti Mr. Symonda said' O'Connor had' been on' business at the Business un Club, in Ningpo Riad. The arrangement for the letting of the premises was venal, It was made in November ust, and it was that defendant was to pay rert from the Ist of December although he could not h.ve immediate p session. 'Three months' rent was to be piid in: advance. 'The rooms upstairs were' ready on the Int of January but defendant was taken ill and could not attend is business for a fortnight or Me. Lamme—Thero is no counterclaim for the i rooms upstairs, 'Mr. Symonta said defendant wanted to have the floor of the godown made stronger to bear the weight of the bar, and the consequence was that soon as was intended. to pay three months' rent subsequently changed '0 one month, for which Tis, 175 were to be paid by the 25th of each month. With regard to the set-off that was all right, bat the counterclaim to this actin wou'd have to be dealt with in the British Court as it was a claim on a British firm.
Mr, Lamme said it was th in that Court that when a foreign sued an American and there claim, if the la'ter was prove foreigner also recovered on his' claim amount of the count: r-claim was held to due to the subject of that Court.
His Honour—The Court can easily in form itself as lo that Mr, Lamme—I believe the sotie practice applies in the British Court.
'Mr. Symonds said the debt for the tiffin ete, was incurred by Mr. Blomeufeld and any claim was tobe made to him person-Blumenfeld'said he wasa partner Messrs. R Dallas & Ca. On the 29th of November an srrangément was made that' the defendant should have cor tsin rooms he he: woald petit att eas a oura ik f ly tu advance pata od the defendant kept-his word arid' alwaye.- didwos swore tien cen cany ne mere @efondant to-pay: three -moathe'roitt in 'Loong Chan, contractor, was exami advance—Tls.. 525, He wassito: take for some time im Chines', when he and-"* possession of the godown as scou.as it denly said "(I speak English more better." wes ready. Mr.' O'Connor agreed: and From what could be understood be was, paid the money, witness writing s-receipt. ordered by, Messrs. R.. Dallag and. The defendant afterwards stated that he Blumenfeld on the 29th, of November, to was not in a great hurry as he bad to get whitewash the godown in Ningpo Road,. license. The godown was cleared early in January, but. after it, was ready the ata, when Mr..O'Connor came, he said defondsut was ill for two: weeks. There ordered it £3 be renewed. "The fest 16 flooring was not strong enough. andi:
were tenants in the house who had to cost Tls. 45, the renewing of the floor bbe turned out for, Mr. O'Connor to|cost'$45. Both these wutoe wars paid by! enter. The rooms were ready on the plaintiffs. Witness finished the flooritig"
of January, The" $40.50 claimed about nine days after Mr. O'Connor came. for lunches was witiem's' own Dill] By his" Honvut—Mr! Dallas was the sud not, Messrs.. Dallas & Co's, one who paid for' the flooring."
Mr, O'Connor wanted certain alterations 'This closed the plaintiff's case, made in 1 forlifs' purpose, 8o that for machinery. He was' at the" wh'as the floor was not], W. D. Hill, stated he was an agent coused.idelay.; After the expiration of Shanghai Building and Investment Ca. the three months it wav defended shosid.pay's month imadvance the: Ist of Janusty. Three carpenters that-the Witness was in No.6, Ningpo Road about in, futare,, but-: he-had not paid for-April' should have been able to do the work in' and May promising to do so from time to twoldays.. If the building. Was rented on" time, When the defendant said he want-|the!29th of November. for entry on the od certain things dono\witatas told: him) Ist of December all the m ahead and the firm would pay'for it. should have been completed by ths 10th work of December. had about Tis, 400,000. worth of contracts, The bar, weighing 700 Ibs:, was jan The goods could have been re-loot. pretty good weight to pat on an old'" moved before by the.exorcise of reasonable Re-examinod—700 Ibs was not a great diligence." The floor of the godown was deal spread over some suritice, complete by the 10th of January. Witness Defendant, sworn, said he made the
Antil tyre than half of the rhe elod as pa apr rent in advance contract for' the building on the: 29th the is in partof the of November. Mr. Blumonfold was not called until the agreement had hid elapsed. Mr. O'Qonnor was ill and if been arranged. Witness was pro-' Uhere. Me ved if he thenghé this, was had one mee we god, of the mised the promises with the! godown time might have yt their goods soon a5 ible, Witness the whole y until Jit by the man whose money he January, the bottling room until the 27th. ud his pocket for the rent of the The godown contained a number of goods promises, witness raid that Me belonging to plai Those goods wore Gid not mind; he was bebating i not moved until after the 2nd of January gentlemanly and gallant mann" and plaintiffs had the key all the time, His Honour—Is_ it the practice of the the flour had not then been touched. business nien of Shanghai to make con-witness got into the godown betwoon the tracts or agreements verbally 18th and 20th of January. The bottle Witness—As far as we are concerned room was to be kitchen and he coul we have inde several agreements] not open the place until he got it. There to this. by - nek. eve ® lease of was no other place ore Een eus-ezuaninad as kitchen, Mr. Blumenfeld told witness could be used to go ahead with painting the upper id try to get Jeaso afterwards from rooms and charge it up to of them. Mr. witness. Mr. Brooks asked witness if he Blumenfeld owed witness $36 and Mr. had. a lease of the premises but witness Dallas $4, on chits, Mr, Blumenfeldt pointed out that Mr. O'Connor had not told ' witness to take the chits paid the last two mouths' rent, and if out. of his bill. Witmees paid that was paid then they could talk about them $240. There was no agreoleases. They built a new godown after ment whatever that witness should not' they had let the property to Mr. O'Connor. charge anything for retaining the' pre-'They waited until they had let their old mises after the 29th of November. Dur-godown before they built a new one. ing December witness called on plaintiffs Mr.. O'Connor told witness that if the about twenty times and implored them 40 godown was not empty after the 15th of get the work finished.
January he would make some charge for Cross-examined—Witness did not its use. know the godown was likely to be in uso By the Court—As soon as this state-for some time, though he did know it was ment was made they got their property in use when he agreed to take the pro-out of the godown. mises. His license was dated the 30th Mr. R. Dallas ssid he was present in of December. He ordered the bar about November when the arrangement 0 8th -of January from -a-" Chinese made with the defendant for the letting 'Minghong Road. He was incapacitated of the premises, He paid Tls. 625, thres an accident from the 2ud to months' rent in advance. Witness told the 11th of January. Witness took the defendant that he could not possibly let bill for Tls. 28 for painting, to Mr. him have the godown immediately, and Dallas personally, about the 1st or 2nd of the parties being on very friendly terms [March. He got possession of the up-' defendant said that would not matter ax he lid to gata Toate for that pert, of the stairs rooms on the Ist of January.; on mediately al the premises, and, what he required defendant said it would taka him a month Mr. Lamme portion. The ix up the floor. the 12th the carpenter was sent over to ced that municipal to get hig license,. Later, O'Gounor -said trates, were payable by: the oooupant of
Text read from the printed page and cleaned; old type leaves the occasional error.