Furthermore, at the instance of certain leading Chinese merchants the Court was to reconsider one of its former diccisions based on certain conflict ing decisions of the Supreme Court of Peking laid down as precedents in the practice of the Court. It was alled to pass an opinion upon the contradiction existing between the latter's conception and local customs in respect to the question of liability of shareholders and partners in a Chinese unregistered company. It was one of those questions which compelled the local merchant be to protest against the promulgation of the Projected Chinese Civil Code on account of its conflict with China's customs, In 1921 a well known Shanghai firm trading under the name of the Ming Sung Umbrella Factory filed a petition in bank It appeared that the firm was a joint stock limited liability com-which, however, had not completed its registration according to Art, 6 of the Commercial Associations Ordinance of China and did not therefore enjoy the privilege of a limited ity. It was held to be similar to a native partnership, in which the partners were, according to the local Shanghai custom, liable for the debts of the partnership in proportion to the amount of their subscribed capital, or the amount of shares standing in their name, The Court composed of Magistrate Kuan and A. D. Blackburn, H.B.M. Viee-Consul and Senior British' Assessor, trierly following the authority of the Supreme Court and recognizing the local custom decided that "In the absence of Instructions of the Consular Body, lar Body, Novem, Scandinavian Brewery Coa Lat vs. The China' Trading Ca, et al.
SDevisions of Tth year of C.R.N20 and NST.
Text read from the printed page and cleaned; old type leaves the occasional error.
