This ease again came on for hearing.
Mr. L. E. P, Jones appeared for the plaintiffs, Mr. N.C. Home represented the defendant.
Mr. ones filed the original promis sory note, and the following in reply t+ defendant 1.—The plaintiffs deny that the defendant at any time instructed (as alleged) G. H. Potts not to hold the shares if they fell more than six or at most seven points, but to sell them forthwith if they should fall and that the said G.H. Potts promised to. so. The plaintiffs are tiot_aware of the exact date of the defendant's departure for Europe from Shanghai in 1902, but it appears to have been at a later period than May 9, 1902. Between March 18, 1902 and May 9, 1902 the shares had already dropped more than seven points, to wit twenty points, yet on May 9, 1902 the defendant wrote te the said G, H. Potts a letter, a copy of which letter from Mr. Paulsen is attacher hereto, The plaintiffs further say that the defendant Nett Shanghai la 1902 i definite shares and on the contrary left the hands of the plaintiffs over" oF soli at their discretion.
2—On the defendant's return Shanghai towards the latter part of 1902 the defendant ratified and confirmed what the plaintiffs had done on is behalf in pursuance of his said instructions, including the selling of the shares and executed the promissory note and acknowledgment of indebtedness of December 2, 1902.
3.—The plaintiffs deny that whole transaction was a fictitious gaming transaction" and that "the plaintiffs did not bay and sell or bold any shares on the defendant's account and attach hereto copies of the entries in their books showing the whole trans. action and copies of the contract notes signed in connexion therewith.
4.—The plaintiffs bring into Court for inspection the original Promissory Note and acknowledgement of indeltedness of December 2, 1902.
Dated this 14th day of September 1907, Lorrvs E. P. Joses, Counsel for the Plaintiffs.
Mr. Jones also filed a number of letters forming the correspondence lating to the different lots of share:
Text read from the printed page and cleaned; old type leaves the occasional error.