The hearing was sparted recently in the Shanghai Special District of a case in which Victor H. Vu, proprietor and manager of the Unit Packing Ca., a local Chinese fi was sued by the Eastern Overs Products, Ltd, a British frm in London, for £9,935, representing the faimoun!" of financial loss alleged to have been suffered by the plaintiff linn by defendant in regard to a. shipment of allegedly adulterated The plaintiffs, represented by Messrs, J. E. Badeley and H. Y. Loo, told the Court that defendant used Bat to ship frozen eggs to England to 1d by the plaintiff firm at best order to assist ficfendant to purchase eggs for exportation purposes, the plaintiff firm made arrangements last year with Messrs. Lazzard Brothers, a private Jbank in England, % open by tele~ grams a letter of credit. with the Ghekiang 'Industrial Bank' (afterwards transferred to the American-'Corporation in Shanghai) in favour of defendant lup to £16,000 to finance a shipment lof 400 tons of frozen eggs. The bil of lading was to be accompanied by a certificate that the eggs were best quality hen eggs and also a letter from the defendant, stating that the eggs were being' shipped lon consignment to the plaintiff firm.
On September 29, 1930, counsel continued, defendant delivered to the American Oriental Banking Corporation bills of lading for 282 tons lof frozen eggs with an invoice for them as the best quality hen eggs land a letter saying the eggs were being: shipped. to London. At the same time, defendant drew the bill Jor exchange on Messrs." Lazzard Brothers in London for £8,460, which sum was paid to defendant by the American-Oriental Banking Corporation in Shanghai. The bill of exchange was presented in October last by the plainti to Messrs. Lazard Brothers and was duly accepted them. The bill was paid in November last by Messrs. Lazzard Brothers who must be repaid the money from the defendant.
Tht 282 tons of frozen eggs arrived in London from Shanghai by the str, Fresno Star, but, stated counsel, upon examination by plain-tift firm's representatives, the cargo Twas found out that all the tine con taining the eggs had been very much adulterated 30 as to contain approximately "90. per cent. water, over, the eggs were of a bad Jquality and the whole shipment was condemned by. the Government as unfit for human consumption and the whole cargo had to be destroyed, The result was that the plaintiff firm sustained a Anancial loss to the Jamount of £8,460 in addition to the various expenses in the transaction, making the total amount of loss 9,995. The Court. was, therefore, asked to give judgment against fendant for she amount claimed plus interest at six per cent.
After the defendant, represented by Dr. H.C. Mel, argued for some time, ihe Court adjourned the case.
Text read from the printed page and cleaned; old type leaves the occasional error.
