Hongkong Bank's Claim in Connexion with Shipment to England The case of the Hongkong and Shanghai Banking vy. Samuel Rakusen was _concluded before Judge Grain in H. M. Supreme Court on Wednesdy.
The claim was for money due from the defendant on a judgmen* recovered by the plaintiffs in an. Jaction in the King's Bench Division. fof the High Court of Justice for /$11,241/14/1 and $11/5 costs, together with £2,156/16/4 as inter-fest, making a total of £13,409/18/5.
Mir, Sidney Young appeared for the plaintiffs and Mr. K. E, New-Jman for the defendant, "Mz, Young put in an office copy of the judgment given in London, [which, he said, closed his case.
Mr. Newman argued that the mere putting in of the document wan insufficient to prove the case. Some one must be called to prove that document.
Mr. Young said he had the submanager of the Hongkong & Shanghai Bank in Court, and he would) rove it, Mr. "Newman, addressing the Judge, said his client had been away up north since last year, and only returned the previous night. That, was why the reply to Mr. Young's letter had been delayed. "He (Mr. Newman) wrote to Mr. Young immediately, and he contended that) the was entitled to a reply to his letter before calling evidence.
The Judge: The procedure of this court is that a reply cannot be put in unless leave is asked, A Flat Denial Mr, Newman: But my friend has not filed a statement of claim with suiicient particulars, Mr. Young: But T have.
Mr, Newman: It does not meet my defence in any shape or form.
Mr. Young: My answer to that is that it is simply a flat denial The Judge said he was against Mr, Newman on the point, David Charles Edmonston, senior assistant of the Hongkong & Shang-hoi Bank, was then called, and testified that the judgment, of which he had personal Knowledge, was still unsatisfied. The Bank had attempted to execute the judgment, rendered in London but bad been unable to find the defendant.
Mr. Young asked, and received, permission to call further evidence rebuttal of defendant's allegations if necessary.
The Judge pointed out to Mr. Newman that the onus was upon him to prove his defence. The judg: ment fully presented the plaintiff's case,
Text read from the printed page and cleaned; old type leaves the occasional error.