His Lordship asked if Pitts bad been The Clerk of the Court stated that he bad not.
Mr. Douglas said that he took it that in this case there would be " request for pleadings, as it was a case of fraud.
Mr. Platt snd Mr. Godfrey applied for an order for pleadings.
Mr. Douglas said that he did not know whether he might raise the point now, or whether be bad better make it the subject of a special application, He was going to ask for substituted service upon Lind for Pitta, Mr. Godfrey suggested that that should be the subject of a separate application, as Lind was a0 longer a partoer of Pitts, His Lordship said that there would have to be " special application, and made an order for pleadings, R. N. TRUMAN v. H. J, CRAIG, Plaintiff claimed the sam of Tis.
13,000 with interest thereon at the rate of 7 per cent per annam, apon a cheque drawn by the defendant, and the sum of $387.25, or such sum as might be allowed pon taxation for costs, and sise in case the plaintiff obtained an order for substituted service @ farther som of $17.25. If the amount claimed were paid by defendant or his solicitor or agent within four days of service of the writ, proceedings would be stayed.
An affidavit, to which a cheque for Tls. 13,000 in favour of the plaintiff, ed by the defendant, was attached was filed by R. N. Troman, and read follows 1, Lam the plaintiff in this action.
2. On Febraary 4, 1911, the defendant handed me a cheque which is annexed hereto, for value received.
3. On February 7. 1911 the said cheque was duly presented for payment to the Hongkong and Shanghai Banking Corporation at Shanghai, apon which it is drawn, bat payment was refused, and the sum of Tls. 13,001 I dae and unpaid, 4. I verily believe that there is no Mr. Phillips enid that the proceedings were under the rale for summary judgement.
Mr. Platt stated that he raised no defence on behalf of the defendant, Lordship—You submit judgement.
Text read from the printed page and cleaned; old type leaves the occasional error.