An important question of jurisdie~ tien was decided by the Belgian and Spanish Assessors "and—Magi trate Sung at the Mixed Court on Monday afternoon in connexion with a motion by Mr. J. M. Tavares Wo strike out and dismiss an action brought by Messrs. Berenson, Unt mans & Schipper (Matheo Beraha, A. Bamdas and Jules Bochner) against the Wo Shing Hong, Pan Shing-hsien, Pan Kyoeh-hsien, and others.
Mr. 'Tavares' motion was based on the grounds (1) that the contract forming the subject matter of the action is already res judicate and is covered by a deed of composition dated May 30, 1924, and approved by a judgment of the French Mixed Court dated July 1, 1924; (2) that Judgment is a bar to futher proceedings in respect of the cause notion xo long as that judgment not sot aside by the French Mixed! Court; in the alternative (3) that the defendant Pan Shing-hsien never represented himself to be the sole owner of the We Shing Hong far from doing so he disclosed the numas of his ce-partners at a public examination of the defendant the offices of the liquidator appointed by the French Mixed Court; and (1) that in the month of May, 1924, i, prior to the plaintiffs and lather creditors acceding to the deed of composition a criminal complaint was filed in the French Mixed Court by several creditors of the defendant on the grounds lar to the allegation contained in the petition, Mr. LID. Rodger (for the plain tiffs) "entered a counter-mot oppexing Mr. Tavares' motion asking that it he struck out on the Following grounds:——(1) that the actions pening in the Mixed Coure separate and distinct from the uctions pending in the French Mixed Court; (2) that the plainvtts have not acknowledged that Pan disclosed the names. of (8) that the plaintiffs ave wot parties to the us in the Frewh Mixed Court, were they present oF represent" al at the heating held in the French Mixed Court; (4) that the judgment. of the French Mixed Court dated July 1, 1924, may be a bar to further ction in the French Mixed Court but that any decision of the French Mixed Court would not bar fan action between different parties in the Mixed Court; (5) that the pluintit's have filed neither criminal or civil actions against defendants in the French Mixed Court; (6) that the said liquidation being fraudulent ix false in that Pan Shing-hsien never disclosed the fact that Pan Kyoeh-hsien, the compradore of the Shanghai Municipal Council,—was und is a partner in the firm'of Wo although he knew well Kyoeh-hsien has been a partner in the said hong for 30 years for thereabouts and was and. still a partner in the firm of Wo Shing Hong and ae such is liable for the debts of the said firm; (7) that the said liquidation being' fraudulent is that the partnership book showing the partnership share and interest of the various partners Plaintiffs alleged further that Pan Shing-hsien false represented himself at the liquidation to be the sole owner whereas the other defendants were partners and as such were liable for the full amount of Jeho Wo Shing Hong's debts, French Mixed Court's Judgment Mr. Tavares said that his application was made on behalf of the Shing Hong and Pan Shing-hsien to have their names struck out of the plaintiffs' petition on the grounds [that the case against the defendants regarding the same matter had been adjudicated in the French Mixed Court and therefore the International Mixed Court had no Jurisdiction. Mr. Tavares also said that the deed of composition by the French creditors had been approved of by the French Mixed Court in which 30 per cent. had been paid to the creditors in full settlement of their claims against the Wo Shing Hong. Counsel contended that there had been three hearings in the ease, At the first hearing evidence was given by an old gentleman named Zune Chao-ling and at the second hearing the British Assessor withdrew, British interests having been withdrawn, and the evidence of Zang was continued. A week or later the witness Zung died, and now this was the third hearing, Counsel had not previously peared in the case, but he would ask that his motion be ranted.
Text read from the printed page and cleaned; old type leaves the occasional error.