It appears that the Peking Supply Ca. has been litigant in this Provincial Court before. "It came fu 1923 ax an American firm suing!
British concern for the price of wines, ete., sold and delivered. It paid into Court, being a non-British plaintiff, a sum as security for the defendant costs: Tt was repr: sented by one of the legal practi tioners of this Court, and a writ! was issued at its request. This was met by an application to have the whit struck out, inasmuch ar disclosed no cause of action, because (inter alia) under the Vol-firm is formally put forward to' stead Act of the United Statex of. prove its American character." America, an American citizen could Thin, the Judge held, was really not sue for the price of ines, ete. enough to decide the appeal. old. This point was di Mr. Tygho Wing appeared for the defendants and the appeiants: te, PW. Goldring) (Stay 25, 1025) defendants for respondents. ked for the case to be dismissed The full judgment was as follows Thin is an appeal from the Provineial Court of Peking, and, under the power conferred upon me by Article 22 (3) (b) of the Chin Order-in-Council 1925, I heard the appeal lone; it does not involve a very is there ipl involved and it was not possible to form a Court of even two judges atthe present time, The plaintiff is a French citi zen and he brought his action again.
two defendants: (1) Mildred Thornhill trading ay the Peking Supply Ca.; and (2) the Peking Supply Ca. for $1,635, mon paid by him on guarantee wi hho had given at the request of one Corbaley to Messrs. Gande, Price Cow, Lil, for the price of goods sold "to the defendants. The fence of Miss Thornhill, which was of the debts of the Peking Supply Ca,, she only had certain rights the estate of the firm in return for money advanced! by her to to Mr. Corbaley who claimed to be the only true owner of the con+ corn.
Paid Money as Guarantor 'The facts' then are not in dispute. Plaintiff at the request of Corbaley, gave the guarantee and had to pai Fe now necks to recover the mani the paid, The Court below.sat with assessors and gave judgment for) the plainti in the following words:
sive judgment for the plaintft for the sum of $1,635, with interest fat seven per cent. to the date of)
ment with ¢0} 0 formal decree was drawn no. T understand the judgment to be against both Miss Thornhill trading as the Supply Ca., and the Supply Ca, In that event I see no Teasou why execution should not, have issued on the goods of the Supply Ca,, leaving aggrieved claim-fants to those goods to take such steps as they might have been advised. Sitting here ax a Court of Appeul from a Court sitting with faseessore, it is, not my function Tightly to disturb any findings of facts arrived at by the Court be Jow; but if any such findings are based on erroneous matters of law, the position is changed.
Text read from the printed page and cleaned; old type leaves the occasional error.