In opening the case for the defence, Mr. MeNeill first discussed the technical point as to plaintiff's right to sue, and said that, if his Lordship accepted the Macao judgement establishing her position of legal representative of the tate Mr. King, that date was well outside the statute of limitations. Should the judgement be in favour of plaintiff, counsel said he would ask his Lordship to note that the loss, if any, must fall entirely upon a class of perfectly innocent people, that was to say, the policy holders in the Shanghai Life Insurance Ca., for payment of - the claim would have to come out of the money accumulated for payment of bonuses w policy holders. This was a matter which he thought his Lordship would surely have to take into consideration.
His Lordship—Ought it to affect' give, me back that contract; other-|""57. weNeill—I think so. But 1 wise, I cannot help you." Upon this, Mrs. King did not press her can put it higher than that. These application for a loan. people have taken out policies on Other evidence was given to show the assumption that there would that the late Mr. King established jhe a reserve fund available for the branches of the Shanghai Life Inpayment of bonuses, and they may surance Ca., and introduced share-now suddenly be told that there is holders. no such fund.
Counsel for plaintiff seemed Iystrvcrions From Decessep. to think, Mr McNeill con-The compradore in the real tinued, that the production of an estate department of the Raven agreement bearing the seal of the "Trust described a visit which he defendant company was a good paid to Mr. King shortly before prima facie case. But in its naked his death. On that occasion, he simplicity, the ease came %o this: removed various documents from Plaintiff put forward a deed, and the safe and handed them to Mrs. defendant said: "You have come} King. He pointed to one particu-! too late." And there were two lar document amd gave instruc-subsidiary defences, viz., that there tions about it, saying had been a breach of the agree-McNeill—I_ have already! ment. Even if there were no de-} objectedfendant at all, counsel continued, His Lordship—Saying something! the court would have to be satisfied about the document? {that there was good and sufficient Mr. MacDonald in the afternoon reason why the claim had not been closed the case for plaintiff by put forward before. If the date reading various letters and mak-Mr. King had brought forward his ing reference to the share register claim in 7998 when he was in the of the company. Counsel pointed} employ of the China Mutual—a out that in 1915, out of 20,000 or company which was doing its best 22,000 shares, Mr. Parker held to kill the Shanghai Life Insur-8,000, Mr. Sutterle 5,000 and Mr. ance Co.—he would have had Israel 5,535, a total of 18,535, possible chance of success. How nearly all obtained from Chinese. much better could his chance poss-Turning to the minutes of the com-j ably be in 1922! Counsel went on pany's meeting, "marked proto say that he had not the slightgress" was reported at the first est hesitation in accepting Mr. annual meeting, said counsel, and Parker's explanation of the case, the business for the year amounted which he thought must carry conto Tls. 1,791,450, of which Ts. viction to any mind. Going back 1,526,730 was accepted. By May of to the question of delay in bringing the action, counsel pointed out that plaintiff first held a consultation with a lawyer in 1917. An explanation was then given, and nothing further was heard of the matter {although immediate action had been tarcatened) and defendants thought the matter had been dropped. In these circumstances, the delay wanted much more explanation than had been given.
The hearing was further journed.
Text read from the printed page and cleaned; old type leaves the occasional error.