Juidgment was reserved in the Appeal Court of the Provisional Court on March 17, in the ease brought by R. Otto, a German agent, against E. F. Schene~ mann, trading the German Machine Ca, of 7 Hankow Road, for £555 and costs, representing damages for alleged failure to take delivery of goods ordered from plaintiff for shipment from Germany to Tientsin.
Judgment was given in favour of the plaintiff in the lower court by Judge Yang, and the case was brought to the Appeal Court in which Judge W. ¥. Hu, presided with Judges Chung and Chen.
The appellant contended that he could not take delivery of the remainder of the goods as they would be seized as contraband by the Nationalist troops in Tientsin. This ho explained was because he sold the goods in 1927, these being in form of seamless tubes, to the Tientsin arsenal to be made into guns and fire-arms.
The respondent said that he was not informed of this and as the ods had been already shipped to tsin, delivery had to be made. The tubes or pipes, he said, could not be transformed into the requi ments.of an arsenal. The presi judge questioned the respondent at} length, and asked what the pipings were used for, the latter replying that they could be made into a great number of things, and that it was not his business to know what the appellant especially wanted them for.
Chinese counsel for the appellant suddenly produced from a wrapping, 'a long stout tube, not unlike the barrel of a machine-gun, and asked the respondent if his pipes were of the same sort. Respondent said that it was entirely different from and the diameter was only two. inches. Counsel then suggested that the goods might be sent back to Europe, whereupon Dr. Wilhelm for the respondent stated that the case could either be contested or compromised and that the appellant should not attempt to strike a bargain in court. He said he had been approached previously by the appellant, and the same proposition was made, but it was not feasible.
Colunsel asked the court to dismiss the cate and give judgment for £561.19.5. This he said would include £555 for goods not taken by appellant, £40.1.5.for costs, carriage charge and storage and, £62.12. representing interest at the rate of eight per cent. from May 3 1928.
Judgment will be flelivered on March 26.
Foun at the Provisional Court guilty.of picking the pocket of a Japanese, a Chinese was sentenced six months? imprisonment. The accused took a fountain pen from the complainant's breast pocket,
Text read from the printed page and cleaned; old type leaves the occasional error.