Samuel Rakusen was called, and related the circumstances surrounding the shipment of the eggs and egg products involved in the action. He stated that he deposited £10,000 cash and a free bill of lading with the Hongkong Shanghai Bank in London. When the eggs arrived in England from China it was the time of a slump in these particular products, and the dealers refused to take delivery, 80 that the goods were left without buyers. The Bank was consequently forced to sell the eggs at a con: siderable loss. At the time defendant was in China, and he left. for England in 192i, The egos were sold before his arrival, and he did not know for how. much.
He did not know to this day, he simply had to take the Bank's wor) for it, When he arrived in Eng-Jand he visited the Bank and discussed the matter with someone who purported to be an official of the Bank. This man said the Bank realized that the transaction had failed, and told defendant "to m: an offer." Defendant replied to thi that he wanted details of how the cargo was disposed of, whereupon he was told to see the Bank's solicitors. He was told not to fear Proceedings or that anything wrong would be done to him as they wished at all times to help their cli He consulted the Bank's soli the same day.
Judge's Comment The Judge interposed at this point comment on the vagueness of the witness's evidence when it came to important details such as names, dates, ete.
Witness went on to say that he diseusked-the matter with the Bank's
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