Andrews and George, in which motion was made for judgement by default, Mr. H. D. Rodrtr appeared for the. plaintiff. The defendant did not appear and was not represented. Mr. Yeh appeared ae the only witness and said that throuch failure of the defendant to take delivery of 75 barrels of hogs' casings, although rensatedly asked to do so. he had suffered damages for which he sued, The Court found for the plaintiff in the amount of Tls. 5,219.13 with costs of' action.
Fischer v. Stone In the case of Emil S. Fischer v. Charles Stone, on Tuesday, Mr.
Williams appeared for plaintiff. Defendant wes unrepresented and Mr. J. B D.avis appeared for Mr. C. Y. Woo, the intervener.
The plaintiff claims that, on February 23, 1914, be received from Alice E. Fischer a deed of mori-gage on property situated at the corner of Burkill and Chengtu Roads, as security for the payment of a debt of Tls. 10,000, which ber came due on June 23, 1914. This debt has not been paid, but on February 1, 1921, the property was transferred by Alice E, Hansen (divorced from Mr. Fischer and married to Mr. Hansen) to the defendant, the title to the property being now registered in the American Consulate. Plaintiff petitioned that defendant be re strained from transferring the property, that the mortgage be sold, and the proceeds applied to the payment of amount due plaintiff.
In the meantime defendant had transferred the property to Y. C. Woo, ex-compradore of Reid's Ld., Inc., as security for money advanced by him. to that firm to the amount of ° $40.0C0. Mr. Woo, therefore, since the liquidation of the comnanv, petitiims as interveneer, that he be allowed to. sell the property, inasmuch as he al-alleges he received the security as unmortgaged and free from all counter-claims, and further alleges that he advanced money to Reid's, Ld., Me. to the amount of Tls. 55,908.69. In answer to this petition the plaintiff claims the intervener knew the property was mortgaged and that his advances to Reid's, Ld., Me, do not amount to the sum claimed.
The case was adjourned.
The case of Emil S. Fischer v. Charles Stone was continued on Wednesday.
Mr. King, of the U.S. Land Reistry Office, gave evidenos with respect to the system of filing land titles and stated that the title to the lot on which plaintiff claims 'a "mortgage of Tls. 10,000 was entered wnemcumbered and in the name of Charles Stone.
Mr. Stirling Fessenden said that, on examination of the deed, he regarded it as unencumbered.
The intervener, Mr. "Y. C. Woo, previous.y compradore for Reids, Ld., Me., gave evidence to the effect that the consulted Mr. Fessenden with regard to the title to this lot when it was offered to him security and was assured that the title was free. He regarded Reids, Ld., Inc., as indebted to him to the amount of Ts. 61,000.
It was ordered that certified extracts from the books of Reids, Ld., Inc., should be submitted later in evidence.
Counsel for the intervener agreed to accept the introduction of letter from the former Danish Consul, now absent on leave, as a statement of opinion that the defendant wag cognizant of the fact of the mortgage when the title
Text read from the printed page and cleaned; old type leaves the occasional error.