The Archive · 1930

U.S. COURT FOR CHINA

A Bank Sued

The case of the Everseal Manufacturing Ca. Inc, against the American-Oriental 'Banking Corporation opened in the U.S. Court for China on August 7 before' Judge Milton D, Purdy, and after a hearing lasting all day was adjourned. The claim has been altered from Tis, 36,545 to G.$18,012.28, The facts of the case were more or less agreed upon by Messrs. J. B. Davies and W. 8. Fleming, who appeared for the plaintiff and dant respectively. It appears Mr, Felix Werner, former wer of the plaintiff's Shanghai office, had been allowed overdrafts: on his personal account in the bank as it was understood that he was the sole proprietor of the Everseal Company in the Far East. Various: consignments of the company were negotiated with these overdrafts as security, the bank later being alleged to have converted these shipments which were held at the Shanghai and Hongkew Wharf, Arguments by counsel were on the status and identity of Mr. Werner! and of the goods in question, Theatre Loses Case In the U.S, Court for China on August 11, Judge M. D, Purdy found against the Grand Theatre Corpo on in two eases, the complainants being L. Novotny and N. Smelick, oth of whom formerly were music cians in the employ of defendant. Tu each' ease the amount awarded $675 and interest from December 21, 1929. Mr, P. Faison repre: sented' complainants and My. C. P. Holcomb appeared for the defence.

Mr, Holeomb at the opening of the case, said that he would not} make a formal motion to have the case continued, he having been engaged at 4 p.m. on Saturday but, fas he said he could not conduct an adequate defence as he had no time to summon his witnesses, Evidence for plaintiff in the first case was given a week ago. Yesterday N. Smelick said that he had been engaged under a yeas's contract, beginning on December 21, 1928. He was paid until October 21, 1929, at which time the theatre installed talkies. He had appeared regularly after that at the theatre, but was not permitted to sign the attendance book.

In both actions Mr. Holeomb asked for 10 days' stay-of exeeuon, so that he might find wit-

Text read from the printed page and cleaned; old type leaves the occasional error.

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