6 No mortgage deed was sent by the defendants to the plaintiff or asked for by the plaintiff who was entirely ignorant that any such document was required in a mortgage transaction and no further information or advice was given by the defendants to the plaintiff.
7. Interest on the said principal sum of Tls. 13,000 was paid by the defendants quarterly to the plaintiff less sum of 2} per cent commission charged by the defendants for collection up to June 30, 1910 but interest for the quarter ending September 30, 1910, was not paid on due date but has since been paid. Interest since such date has not been paid.
8, In November or December 1910 the British Consulate as B.C. lote 2557 and 4574 and situate in Tongshan Road, Shanghai. The said Mortgage was for a term of three years.
10. On January 83, 1911 the plaintiff by her. then solicitors Messrs.
Ellis, Have and Godfrey repudiate 1 any interest in the said mortgage and claimed payment of Tls. 13,000 and interest then due from the seton 1. The defendants refawd to pay the said sum of Tls. 13,000—and by memorandum dated February 28 1911 and signed by J. C. Hanson, D. McNeill and L. E. P. Jones declared that they stood possessed of the said mortgage debt of Tls. 20,000 in trust: as to TI 13,000 thereof for the plaintiff and as to Tls. 7,000—thereof for the trustees of another party named therein. developed land which sent of the market value of Tis.
20,000 and the mortgagor has not paid the principal moneys to the defendants on the date on which the somme became due or at all. Prior to investing such moneys on such security the defendants obtained no proper valuation of the properties mortgaged.
13, The plaintiff pleads that the investment by the defendants of her money in their own names together with the moneys of other persons without her consent was unauthorized by her and that any investment 0 made is not binding on her.
14. Alternatively if and 60 far as the defendants were or constituted themselves trustees of the said sum of Tls. 13,000, then the defendants committed a breach of trust by in-of the plaintiff ae to the non-payment of the interest then due and by letter dated December 9, 1910 and ad-rossed to the said C. P. Allen the defendants sent to him a copy of a Mortgage Deed purporting to be: made between one Wong Kwei-chok of the one part and John Currie Hanson, Duncan McNeill and L. P. Jones the then partners in the defendant firm of the other part and informed the said C. P. Allen that, the plaintiff was interested therein to the extent of Tls. 13,000.
"9. The said deed bore date July 10, 1908 and set out that in consideration of the sum of Tls. 20,000 then advanced by the said J. C. Hanson, D, McNeill and L. E. P. Jones to the said Wong Kwei-chok the said Wong Kwei-chok convenanted to repay the said J. C. Hanson, D. MoNeill and L. E. P. Jones the sum of Tls. 20,000 on September 30 1908 with interest thereon at 8} per cent! per annum and as security for the Payment of such principal moneys and interest assigned to the said J. C. Hanson, D. MeNeill and L.E. P. Jones two lots of land registered in' vesting such moneys on a contributory mortgage in their own name on insufficient security.
15. Alternatively the defendants were guilty of breach of duty towards the plaintiff and of negli. gence from which the plaintiff has suffered damages.
16. Particulars of such breach of duty and negligence a fol-
Investment of the plaintiff's money together with moneys belonging to other clients in the defendants' name.
(b). Failure by the defendants to explain to the plaintiff the nature and disadvantages of a contributory mortgage and the fact that they had mixed her moneys with other moneys and invested the same in their own names, (c). Failure by the defendants to see that the legal estate was vested in the plaintiff.
(a). Failure by the defendants to obtain a proper valuation of the properties mortgaged.
(e). Investment of the plaintiff's money on insufficient security.
17. The defendants further acted for all parties in the above transac-
Text read from the printed page and cleaned; old type leaves the occasional error.