An interesting case was heard in HIM. Supreme Court on November 14 by Judge King in which the liability, of a, bank to pay'a cash order when the introduction of an element of fraud had been alleged in connection with the negotiation of the order, was the issue.
There were four parties concerned. in the action, Whang Voe-chow and Oscar Marcel Mayer trading as the Auburn Sales Ca. (represented by Mr. E. L. Hartopp), were the plaintiffs in one action and sought to obtain an order from the Court calling upon the Chung Wa Citizens Bank, Ltd, a bank registered in Hongkong with offices in Shanghai, to pay to them (the plaintiffs) the /sum of $5,000 being the amount off the cash order above referred to. The bank was represented by Mr. JO. M. Preston, Another party, the Tien Fong: Hong, entered the case and were also plaintiffs in an action against the bank. This hong, represented by Mr. Tycho Wing, had obtained an injunction in chambers restrain ing the bank from cashing the order [pending the hearing.
Mr. Wing outlined his client's pending in the Provisional Court connection with alleged fraud in the negotiation of the cash order jand asked that the bank be ordered to pay the amount into Court, taxed costs to be deducted from the amount. And that the money should remain in Court ponding a decision in the case to be heard in the Provisional Court, Mr, Hartopp objected to this course and asked to be allowed to deduce evidence which, he said, would conclusively prove the right' of his clients to payment, Considerable argument by all counsel ensued and the law and rules' in regard to procedure were quoted at length, His Lordship saw'no reason why. Mr. Hartopp should be permitted to adduce evidence. He was quite prepared to accept Mr, Wing's statoment that process had been coi menced in the Provisional Court im Connection with the case, He eventually made an order instructing the bank to pay the money into Court, taxed costs to be deducted, such money to remain in Court until further order. The case aceordingly was adjourned sine "die with liberty to apply. The injunction automatically was raised.
Text read from the printed page and cleaned; old type leaves the occasional error.