The Archive · 1937

Before Judge Milton J. Hetmlek (Case Adjourned)

Alieding that their child died while was stilt in the pre-natal stage ax 4 result of an accident involving their own car and a Bills Motors lorry, Mr. and Mrs. John W. Morcher, British subjects, are suing the garage for US. $14,000, plus ES. $2,134.77 for medical and hospital attention, before Judge Milton J. Helmick in the US. Court for China.

"February 2, the examination Dr,."T, M. Burion, was completed, fund the case was then adjourned ne die, Mr, Myron Wiener -ape sured for the plaintiffs, and Dr. George Sellett for the defence.

In. the bill of complaint, plaintiffs alleged that the accident occurred on May. 25, 1036, when their car was stttiek from behind by a motor lorry, although it) was parked on 'The hearing of a, claim for over ©.8$26000, instituted by Mr. Y. T. Soong and' partners against Mr. R. W. Mayer, shareholder in Newmilks (1036)' Ltd, began in the US, Court for" China' on February Plaintis, represented by Mr. Myron Wiener, allege that in the (transactions involving the sale Newmilks there was 2 breach of contract and that they were defrauded of their rights "by means of fraud, wilful misrepresentation and false pretences." This is denied by the tendant, represented by Me, Franklin.

"Addvessing the Court, Mr. Franklin' said that Mr. Mayer's tender of $30.- '000 for the company was the only one received, but that before he took aver the company he wanted confirm motion from the British Court that the sale of the company for this amount was approved. Mr.

Tumer, the receiver and liquidator could not obtain this without "some Fed tape and other formalities." and needed money to keep the firm run-hing as a yoing concern. He asked Mr Mayer to take it over; the pre: ferential claims against the company then totalled $27,000, and Mr. Mayer wae asked to pay these. On July 3. Me. Soong, who had been a com pradore for Newmilks and had a claim of over $10,000 for monies adanced, came to him and told hin must hi some coat to pay his] shroffs. Mr. Mayer refused to. any cosh until he had received a Court order.

'Te offered to take over the elain for $2,000, and. this was nally ae cepted. Plaintit had x number of Aebentures in the old company, and Me, Mayer offered to give him' $26.- '000' worth of shares in the new com any, and an agreement to this effeet was signed. The new company was Incorporated in August under British law, Mr. Mayer selling assets for $20,000 and transferd them to the now company for $100,- 00 worth of shares and $50,000 worth of debentures. Ie transferred $25.- 600 worth of the shures to the plaintiffs, receiving their receipt for the same; two weeks later, Mr. Soons relumed the shares and refused to transfer the "debentures to Mr.

Yates Mayer.

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

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