Mr. Beykireh said further that the letter of credit was opened in February, 1925. Between $3,000 and $4,000 had been put up by Mr. S. Zimmerman for the first buildings for the enterprise, Plaintiff was to give his experience in the egg business, as he had been engaged in it' since 1909. He was to do the buying and to supervise the works, The business had boun a very small scale, A bank count was kept in Tientain and in 'Tsingtao, under the name H. J. Zimmernian & Ca., and cheques on the Tsingtao account were to be drawn by 8, Zimmerman, Profits the first month, Mr. Beyrich said, were $5,000 and' a few months later it had been possible to make proper installations in the plant. These installations had cost about $13,000.
Plaintiff had drawn $20,500 against the profits account, bein ning at thi@end of March, 1925, and. continuing up to the time of petition, Sums had been dawn month by month and the receipts were always signed "ad vance" or "advance on egg profit In September of last year, S. Zimmerman had said that he had taken over the business but refused to give details to plaintiff who had remained in the office but had not been allowed to work, Correspondence between plainti and defend fants was presented as evidence by Me. Allman, as well as plaintiff's anal record of profits and the Dalance due him under the stipulation. One letter from H. J. Zim merman & Ca, stated that H. J. Zimmerman & Ca., was insolvent Dut not bankrupt, Mr. Allman pointed out to the court that de-Fendants had ignored communica tions about the ease and had refused to permit his client to see the books.
He wished to have his client's testimony in the records at yesterday's hearing, although the motion wag for an accounting.
'The Court, thereupon, granted Mr, Allman's motion for' an order for producing the books and "aa accounting, together with an en-Joinment for an inquiry into the Assets of the corporation,
Text read from the printed page and cleaned; old type leaves the occasional error.