The Archive · 1931

DISTRICT COURT

Chinese Partners' Liability Before Judge Yang in the Shang.

hai Special District Court on larch 31, the action was com menced. in which Chen Tsen-ching sued Wang Wei-chou,, Hsu Fu-chen (deceased) and Tstg Tsz-chang for Tis, 3,000, alleged to have been deposited with an American firm known as the China Trans-Oceanic Trading Ca, Inc, upon his appointment as manager, and for Tls. 240, which he alleges are comaissions due to him, with interest, Plaintiff, who was represented by Dr, Pooh 'Tsiang, stated that, 1926, he entered' into the employ of the China Trans-Oceanic Trading Ca, as manager and deposited with them Tls, 3,000 on condition that this-merey should be returned, to him, with interest, when withdrew from the firm. The firm went into liquidation and plaintiff's services: were terminated but the money deposited was not returned. Instead, assigned to the defunct company's essels. The defendant firm was not registered with the National Government and there was nobody: to whom (plaintiff) could look for repay tment of his deposit so he was suing defendants jointly and severally as partners and shareholders.

Mr. ¥. C. Linn, representing the wife of Hsu Fu-chen, stated" that Hsu was already dead and, in any defendants, as. sharehold-any's management and took no part in it, Tt would, sai counsel, be a very dangerous. procedure if the Court, upheld claims fon Chinese shareholders in foreign firms in the event of such fires failing to meet. their obligations. They could be held to an unlimited ability if the Court decided that ware holders were responsible and that would be tantamount to. withdrawing all protection accorded to Chinese shareholders in foreign firms.

Judgment was reserved.

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

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