An interesting judgment was given by Judge Lobingier in the United States Court for China, on Monday in the case of the Fur Wool Trading Ca. (D. Biedermann), Ld. v. Andersen, Meyer Ca., Ld. Reviewing the case, his Honour said:—.
This is an action for an accounting for the proceeds of a quantity of fur obtained by defendant from one Sipailo, "the Commandant of Urga," Mongolia, under Baron Ungern, when that chieftain occupied the town in the spring of 1921. The furs were in the custody of one Noskoff who, for many years, had been the agent of plaintiff and its predecessor in Urga. During the world war the business appears to have been conducted by Noskoff on account of the seemingly German name of Biedermann who, it seems, was nevertheless a Russian. After the close of the war_plaintiff was incorporated as a British company with headquarters in London and continued the business with Noskoff as attorney in fact, his power of attorney having been issued on December 31, 1919. Reputed to be a man of means Noskoff seems to have been one of Sipailo's early victims. He was seized at ihis home after midnight, while the house was being pillaged, was imprisoned and a heavy ransom demanded of his wife. In order to raise it she went, among others, to one Kotoff, defendant's agent at Urga, seeking a loan, but was told by him that he had no money. Spurred by the violent threats (later executed) to take ther husband's life, Mrs. Noskoff returned to Kotoff and suggested that he purchase the furs, to which he agreed. He arranged the details of the transaction with Sipailo, the price being fixed at a figure which, according to most of the witnesses, was far below the market value, and the money, some $24,000, being paid to Sipailo, who as "Commandant of Urga" gave the document purporting to effect a sale and caused the furs to be delivered to defendant who conveyed them to Tientsin, whence they appeared to have been shipped to America.
Continuing, his Honour said in part It is claimed that the evidence of plaintiff's title, and even of its possession, is insufficient. The furs were stored in godowns on premises over which the British flag floated and a sign board was Placed, reading British merchants, Bierdermann, Buyers of fine and coarse furs, branch from London." -Mrs. Noskoff's _testi-many would seem at least sufficient to afford prima facie evidence of plaintiff's "possession which is itself prima facie evidence of title. But it is, urged that plaintiff is. estopped. from
Text read from the printed page and cleaned; old type leaves the occasional error.