It is admitted that the "Conces-ion aires, Harbin Electric Light Joint Stock Ca. Ltd," and the harbin Tramway Company" are but other names for the "Harbin Electric Joint Stock Ca., Ltd" the plaintiff in this action. It appears from the evidence that these deposits were made by the plaintiff with the defendant bank for the purpose of carrying out the provisions of a contract which the plaintiff had made with the Beckman & Linden Engineering Corporation on January 22, 1923, for the construction of a Harbin electric tramway, light and Power system, under a franchise theretofore granted to the plaintiff, by the city of Harbin. In order to ensure payments to the Engineordue from time to time under e- such contract, the plaintiff and the' Enginering Cpn., with the knowledge and approval of the defendant, entered into an_agreement whereby the monies represented by these deposits were not to be withdrawn from the bank except upon cheques signed by the plaintiff and the Engineering Cpn.. or its duly authorized representatives. © It. was fat all times known and understood by the plaintiff, the Engineering Corporation and the defendant that these deposits belonged to the plaintif and that the arrangement for their withdrawal upon cheques signed by the plaintiff and the Engineering Corporation jointly, or its duly authorized representative, was made for the sole purpose of preserving' them intact and thereby insuring prompt payment to the Engineering Corporation for materials and commissions furnished and earned by the Engineering Corporation in carrying out its contract with the
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