The Archive · 1928

Word of a Chinese

the Provisional Court, on day, Judge Kao and Mr. C.E. Whitamore (Senior Consil's Deuty) continued the hearing of the ction brought by Frazar & Ca. Ltd, againat Chow Nyau-koa and Ghow Weiwiak, of 30 Mohawk Road. Mr. H.' D, Rodger, wit lr. Li Vee-wong, represented tie plaintiffs and Dr. F, Wilhelm and Mr. T. Y. Lee were for the defend-fants, Plaintiffs aver that dealers introduced by the defendants (compradores), "were not respectable, sound, and well-established business firms, but, were fake, bogus, and false firms which the defendants. introduced with the intention of taking up the goods ordered if the market and exchange were favour! able when said goods arrived in Shanghai, and of refusing to take up said ordered goods if the market and exchange were unfavourable and that said contracts were made and said worthless dealers were introduced by the defendants to the intiffs for the purpose and with the intention of cheating and defrauding the plaintiffs by virtue of the defendants' false representations and the plaintiff' reliance thereon." When requested to take up the rods, the defendants alleged that the firms either refused—to take delivery or had absconded, The plaintiffs claim Tls. 17,482.17, less. Tle, 2,058.15 admitted as credits due. to the defendants.

Who was the Compradore Mr. MH. Thorburn said that he was employed by the plaintiffs from July, 1923 to July, 1926, in charge of the sundries department. The two defendants joined the firm in February, 1925. The compradore had a profit, whether he got contracts or someone else brought them in. About 99 per cent. of the business was brought in by the compradore. Witness would say that Chow Wei-siak was the No.

1 compradore and the other compradores were N.K. Chow and IS.

Chow. Chow Wei-siak decided tion important matters, Witness hed et seen the compradore agreement, but he knew that Chow Wei-siak was the guarantor of the compradore agreement, and he understood that at the same time hho had another job as compradore with Armhold & Ca. Just after the defendants and L.S. Chow joined the firns, Chow Wei-shak's name appeared in the Hong List as compradore Jand he asked to have it removed, as Arnhold & Ca. objected. So far Wel-siak never by his actions or] in any- other way denied that he' was compradore to Frazar & Ca. and witness understood that he was: "the financial man in the whole thing." All financial questions were referred: to him. Witnegr made a private arrangement, which was assed, on to Chow Wel-siak, who matters, Cross-examined—It was possible that IS. Chow was engaged by RIK. Chow as adviser, but never understood that. One of the' directors. signed contracts and the compradore chopped them. N.K. Chow personally told witness that all big financial questions were referred to Chow Wei-siak.

Answering Dr, Wilhelm, witness said the firm did not rely on ite old dealers after the Chows joined. He remembered the names of Ling Soon and Dai Ling and was still doing business with them.

Dr. Wilhelm—The plaintiff says he cannot find them and you say you are doing business with them, Rodger—Wais N.K. Chow a of money?

Witness—I should not say x0.

Who financed N.K. Chow?—Chow In the course (of an argument between Counsel, Mr. Rodger re-

Financed by Uncle icholus Alferieff said that with Prazar & Ca. from December, 1925, to January, 1927, in charge of the piece goods department. Witness identified a letter written by himeelf to N.K. Chow as compradore, and said:—"I dealt always with N.K. Chow, but 1 understood that he had no money and that all the money supplied to Tun the compradore ship was sup-cash payments of the comprudore's department, Chow Weiséak always came to sce the managing director personally."

The Judge—The Court wish to' have it proved that Chow Welak was the guarantor.

Witness—I always understood he the man behind all the com= pradore business, I remember one instance when money was due to the compradore for commission ay told me to refer my uncle, W.S. Chow, understood that he was the chief compradore, Mr, Rodger—Who was RIK. Chow's guarantor?

Witnees—Chow Wei-sick How do you know that?—I got it from N.K. Chow himself. I never saw the agreement.

The Agreement Mr. E.l. McMichael, manage director of Frazar & Ca., then gave evidence.

Mr. Rodger asked Did you sign this compradore agreement? Tt also bears signa. tures of two others, N. K, Chow and Chow Wei-siak, Who' is N.

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

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