Another Action by Mr. Swinehart In the American Court for China, before his Honour Judge C. S. Lobingier, on Wednesday, the case of Swinehart v, Swinehart, Moore, and Mason, Hart & Ca., an action brought by Dudley E. £winehart to recover $4,863 alleged to have been fraudulently obtained by means conspiracy, was heard. Mr. P. F. Faison appeared for the plaintiff and Mr. F. J. Schuhl for the de fendants.
The plaintiff stated that at the time of his marriage on November 27, 1918, to Mrs. Swinehart his financial resources were G. $1,000 and 1,960 Peruvian livres, about G." $9,500 at cycrent exchange. Mrs. Swinehart had been conducting a dancing studio which was so unsuccessful that he lent her $200 before their vrarriage to help her pay indebted-ess thereon and cne of the first things he did after their marriage: was to redeem her watch, which had been pawned. He afterwards de posited $360 in her account to make appear that the studio was handling more money. Mrs. Swinehart had never deposited any money 1n his account.
In July, 1921, as he expected to go to the interior of Bolivia, where it_would be impossible to take his wife or to send money to her with absolute regularity, they agreed that, in case remittances failed 10 reach her from him, she was to draw on his bank balance in the San Diego bank and he instructed the bank to honour her signature. (instead of going to Bolivia, they came to Shanghai, so that it was never necessary for her to draw on this account, but he never changed the arrangement with the bank, Laving every confidence in her.
In Shanghai they met Mr. P. R. Moore, who asked him to enter a cement deal, stating that with 44.$5,000 he could make 10 per cent, on it. He also asked. to borrow G.$200 and Mrs. Swinehart wanted permission to cable for G.$200 and also for G.$5,000 to loan to Moore and cried all night because the latter request was refused. Plaintiff's first intimation that his wife considered this bank deposit her property was when he heard the testimony in the French Mixed Court. He first learned of the lingerie business when his wife, on teaving him, told him that she had this money out here and had invested it where it would make 30 per cent. and she would be able to give him back this and more.
cross-examination, plaintiff denied having ever maida tha statement that the sum under discussion was in joint account.
Motion ror Non-suit.
Mr, Schuhl moved for a non-suit on the ground that the evidence showed no evidence of conspiracy and also asked for the dismissal the third parties named in the suit, Mason, Hart & Ca.. as evidence had failed to show that they were concerned in the case. Counsel also stated that there was not sufficient evidence to show that P. R. Moore had conspired against plaintiff, that there was no evidence that he knew these facts and hence could not be guilty.
The Judge reserved ruling on this motion:
Mr. P. R. Moore stated that he was engaged m the import and export business, and he was ctor of Mason, Hart & Ca. He not know there was any money dispute between Mr. and Mrs, Swinchart until he received letters from Mr. Faison asking for the return of the money which Mrs. Swinebart had invested in Mason, Aart & Ca. He had never conspired tu defraud or cheat Mr. §wineharc and had used none of the money personally, it having. been placed to the account of the company by Mrs, Swinehart, treasurer of the company.
In cross-examination, Mr. Moore stated that the proposal to take up a cement deal came from Mr. Swinehart and not from witness.
Mrs. Swinehart stated that, at the time of their marriage. Mr. Swinehart was quite without funds. She bore some of the expenses of the wedding and paid for their rent and board. He could not shave had resources as stated, as they were both in debt and had to have their travelling expenses advanced by the Cerro de Fasco Ca., for whom Mr. Swine-hart was working, She took hoarders to help out. Through contracting deals on the side, plaintiff made about: $12,000 in addition to his salary, but lost much of this through unfortunate investments and gambling. While they were still in. Georgia, before there was smy question of going to Bolivia, he gave her G.$4,800 as her share,
Text read from the printed page and cleaned; old type leaves the occasional error.