In the U. S. Court on Wednesday, before his Honour Judge C. 8. Lobingier, Mr. A. Ullrych brought an action against the~Asia Banking Corporation for the return of title deeds to the value of $20,510, arising out of the failure of Messrs. M. W. Bidwell & Ca. to supply plaintiff with 200,000 cases of gasoline for the Russian Government.
Plaintiff claimed that on July 11, 1919, he entered into a written contract with Messrs. M. W. Bidwell & Ca., in which they agreed to sell him the required quantity of oil at G.$6.10 per case. Mr. M. W. Bidwell, as security for the trying out of the contract, deposited with the defendant bank the sum named above.
Mr. H. D. Rodger appeared for plaintiff, and Mr. Fessenden conducted the case for defendants. him to deliver the title deeds. Witness did not clearly recollect what passed between them, but the next day plaintiff sent a copy of a letter he declared had been written by Mr. Bidwell. There had been some one else connected with the deeds, and it was necessary to consult the files.
cross-examination, he said that his bank never received instructions from Mr. Ullrych or arbitrators to hand over the deeds, but spoke of one letter received which read "will you kindly have the deeds held in trust for us."
Counsel for defendants said the document in question did not create any trust for the plaintiff. The deeds were simply placed _in the bank to be held for Mr. Bidwell. No bank could hold a trust for the two parties.
he case was adjourned in order to give counsel an opportunity of producing authority to show when ther such an instruction was revocable.
Text read from the printed page and cleaned; old type leaves the occasional error.