The Archive · 1936

Before Judge P. Grant Jones

"Have the natives of India no con ception of the meaning of the word fe ruth?'" asked Judge P. Grant Jones In the course of the hesting of a debt case in HM, Supreme Court Monday, Mar." 16." Lal. Singh, an aged moneylender and watchman, and Sogir Singh, watchman, were the two Darties to the sult, in which the former alleged that Jagir Singh owed him $280 on a promissory note; the Jiefendant, however, said that he only owed $23.

"The hearing opened with the con isation "of Lal Singh's stick, the Court Clerk pointing out that i was strictly against all' regulations for anyone to bring a stick Into court. Evidence of the debt was produced by Lal Singh in the shape of an exercise book, written in Indian, with five inked thumb-points in lieu a signature. He lent the money fon June 10, 1935, and since then had received only $i740 Interest, end the money from him $24, said the defendant, entering the witness-box, Further questioning Brought out that he meant he borrowed this sum from Lal Singh. He went to Lal Singh's house—on Hart Road, he added, speaking through an. interpreter, "Didn't you Just ask him where it was?" asked his Lordship of the inter-prefer. The Tatter commenced translate this question to the defen dant, when he was Interrupted by his Lordship:—"T'm asking you. Didn't you just ak him that? Don't ask Jqvestions until you are asked to. You are here to interpret, not to cross-extmine... The intelligence of these people is beyond description."

"Sermon" Not Wanted Asked If he signed anything, Jag! Singh said he was not "edveated, fend. so he put his thumb prints, [Asked how many times he put hic thumb ints on the book, he commenced to talk lengthily and rapidly, to. be stopped by his Lordship, who said:—"We want a figure, not a sermon." "Five," replied Jagir Singh.

He borrowed the money, he went Jon, to pay for some broken glass lon Hart Road, when he hod a fight with another Indian. He promised to repay the $28 within three months, Jbut when he later took this amount to Lal Singh, the latter refused to accept it, saying that he wanted $280, Asked by his Lordship how he could recount for the discrepancy between his figure of $280, and Jagir [Singh's figure of $28 Lal Singh sald:—"The defendant says $28 be-Jeause he knows that if he says that, court will only order him to pay that amount, and not the amount Jam complaining of."

"why? asked his Lordship, startled.

"That tg the custom," replied Lal [Singh rather sadly.

He also said that Jagir Singh's story of why he wanted the loan iwas untrue, Jagir Singh had come him with a letter from his mother India, in which she said "There Jace heavy rains, the house is destroy~ Jed. Please send me money very 'A motion for injunction to restrain Mr. Max Engel, holder of a lien against property of Newmllks Ltd. from obstructing the business was. heard by Judge P, Grant Jones in }H. M. Supreme Court last Wednesday morning. Mz. K. E. Newman presented {the motion, Mr. M, Reader Harris, ap~ pearing for Mr. Engel, opposed it on the grounds that the' motion should have sought to restrain H. M, Marshal, who is In possession of the' property. under a judgment summons. His Lordship disallowed the motion and ordered that the costs should be borne by the applicant, The motion was the outcome of a judgment obtained by Mr, Engel gainst Newmilks, Ltd, and a subsequent lien claimed by him against the property and chattels of the concern, Mr. Engel, it was said, has taken Possession of the properly to the extent that he sits and watches operations at the plant. Applicant admitted that he had not interfered with the carrying on of business, but feared that he might seize the bottles and Prevent customers from getting their deliveries, Mr. Newman applied for the motion on behalf of Mr, Victor Remedios. receiver appointed. by the China Finance Corporation, Fed, Me USA, who are the holders of $18,400 of the $25,000 worth of debentures issued by Newmilks, Lid, Mr, Newman declared thit the property of the debenture holders was in Jeopardy. "You can imagine," he said, "what would happen if' one delivery was missed, All the customers would go to other dairies and the business would be lost."

Mr. Reader Harris, who had previously indicated that his cellent had no intention of carrying away the. Property and could not under the rules of the court, declared that the proceedings were entirely wrong, He said that Mr, Engel could not considered an agent of the court and that the action, properly drawn, should have proceeded against Mr. Marshal. In any event, he said, the receiver for Newmilks was not 2 arty to the proceedings.

"Suppose you dismiss this motion, as I ask." he said, "with costs against the applicant, Where will we get the Gosts? To my mind that is the true The motion was dismissed but interpleader proceedings in the matter of Newmilks, Ltd., will open shortly.

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

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