Judge Mossop pointed out that, under the law, when the borrowers paid back the money, the lenders should hand back to the person repaying the money the property in question. The Credit Foncier was not going to take the responsibility of safeguarding the other partner Mr. Measor said that that applied to the case of "borrowers" the document in this p howe it was express]; that Dr. Kew and Mr.
Anderson should hereafter be regarded as the "borrower" and not He laid stress on the "borrowers." singular and not plural form of the wi mitted that "borrower"
Dr. Kew and Mr. Ander: one or the other. rd, and sub-meant both n, and not He went on to suggest an imaginary cafe in which he and Mr. Newman mortgaged some property, worth a great deal of money, for $100. He suggested it was absurd to say that it Mr. Newman later went and paid back the $100 he could secure entire possession of the property without Mr. Measor knowing and could then go out and get himself another mortgage on it worth a "lakh or more" "I cannot believe the Jaw is quite such an ass as that!" he concluded, with a smile.
No Title át All Assuming that his premise was correct, the Credit Foncier had no right to transfer that deed to anyone else, and Dr. Kew was protected: plaintiffs had therefore no title at all He suggested further that by necess! implication—since the China Realty knew that Dr. Kew was interested in the British Flower Shop, that. the property was owned by Mr. Anderson and that it was occupied by the British Flower Shop which paid practically no rent—that the China Realty knew. that Messrs. Kew and Anderson were partners.
Finally, if he was right with regard to constructive notice, there could be no question of Dr. Kew having held Mr. Anderson out as having authority to take the deed and borrow more money on it for his own account. Appellant case stood or fell by arguments in that regard.
Text read from the printed page and cleaned; old type leaves the occasional error.