Loo represented the pain Sess tt C: Nei and Ye 8. Lao em ducted ihe" defence The gut by the. plait, an English firm of impotiers establish. {ei'in Londony wat for payment of the sum of £9,935 odd, which they. claimed from the defendants as refrosenting "monies advanced them in respect of a shipment of o"tons of frown egeee ant' exe penses, paid on behalf of the Fae pains' was. 8 aompten Sent plehdede otherwise' he banbot Fa? residant™ i Agta strictly give any evidence. of them fendant bank wa fcorngrsted tu Bein ahd bal a inno a tha ti and the ola material fics from a linbiirgh, and of" the, othee"thtee be fatal! vote cast pretfous position, the former is"eon-Oded from averring against latter a different state of thing? isting. at the same times"
Fetontants by, way of storage foes,
abe care ie tranepinad that on wharfage dues, spection Ce] Jitceest ele: During the hearing a
Pot the ges which wert [none 5 OK, easy fat Ue dat Getendahe Twill only tits ispecied the catigo. eggs on their arrival at London, and found them to have boon adult terated by the addition of water to the extent of 90 per cent, and to be wholly unit for humeri consump tion, in consequence of which entire " cargo was order! to destroyed, which was. done, In. the Gourse of an interesting decision, the Judge said: "In this aso. the defendants exported London, "England. 280." tons - of frozen eggs, and agreed that th plaintiqs. should sell same in Lone don on their behalf The plaintiffs instructed Messrs. Lazzard " Bros. (their agents) to advance the sum of $8,460 to the defendants on ne-count' of such" shipments,. which Sum was to be repaid out" of the proceeds of such sale, This fact hot disputed by the defendants, "After the eggs ind been shipped to 'London, the British Hreatth "Authorities' examined with the" resalt that" the were certified as containing "too uch Water, and wore. consider: fed to. be unit for" human con Sumption, and ordered the sume to be destroyed. As evidence theres lof the plaintiffs produced various fetters And reports from English surveyors, as Well as the ccriifeate of the British Health Authorities.
"By reason of the fact that the defendants shipped frozen eggs of ad quality, ax hus been. proved sale of same was possible, and, consequently, the advances made by Messts. Lazzard Bros. on behale of. the plaintiffs, hay not been ro-paid, Although the defendants alle that the frozen eggs in. question hud been examined by the Products Examination Bureau of Shanghat under "the Ministry of Labour Commerce, prior to exportation, and that the same were certified to con {ain no impurities, and further that some time' elapsed after arrival of the cargo in London before "same was" examined by British the authorities, "and "suggested. th therefore, the goods had deteriorate ed owing' to carelessness of the plait-tifts in storing it, yet a perusal of the certificates issued by the said Chinese Examination Bureau ro duced by the defendants, shoul such an examination was made merely. on. samples "produ bythe "defendants themsel find the purport of the other cer! Uineates "is "of a. similar nature, This Is quite insuflclent: to' prove that the Whole bulk of the ship! ment was ood, and "sound, prise exportation, "ft has not been shown that due care was not exercised in storing the. eggs on arrival. in "London: Loyd' surveyor examined the id} oggs on the 11th December, a8, has. deen proved in evidence, and it is incredible that the quality of the eggs should have deteriorated in such a short period of ten days. after the arrival in London of sam The defendant's argument in this connection is quite groundless, British Health officer to the blaine letter dured January 20 fron tiffs distinctly states that the 14 R18 tine of frozen oggs ex. sth, Fresno Star must not be removed from the Wigan Richardson's Cold Storage without the written con: sent of such Health Offer. The lettter produced in evidence of, 12 states thal the frozen question were not fit for consumption, and same dered to be destroyed. by.
h Health authorities. plaintiffs wished to re:
part of the cargo to the de-lants, it was in fact not pos sible, by reason of its condition, and it is, therefore, most unreason: fable for the defendants to say that the loxs, was occasioned by the plaintiff's neglect to re-ship back, the goods to Shanta ith regard to the advances made to the defendants by Lazzard Bros, the agents of the plaintiffs, rate of interest was agreed be: tween the parties beforehand, and so the plaintiffs' claim for interest to G per cent. per date of their petition -to the date of payment is untenable in a Jand the rate of such interest hereby fixed al por cent. per "From all of the above Court has arrived at the decision that the s's claim against the de-lo fendants (except so far as the rate. of interest is concerned) is reasons fable and: just, and judgments is, therefore, given-as hereinbefore out, in accordance with Art, the' Ci Procedure Code, A neoutan ferry terview bel the Nantao Bund, one Chi, Chat
Text read from the printed page and cleaned; old type leaves the occasional error.