PexonD et a Ccmmroo Properties at Dispute, counties M&W Hisar for defence.
overs: Me. KO. Rewman for plain:
"Before Judge P. Grant Jones (Plantits plea for relict granted)
'An order allowing the plaintiffs to have certain buildings in Chefoo re-Moved on foreclosure was made bY Judge. P. Grant Jones in is. judgnent in the ease of the Bank of Com-Inunleations versus Vyvyan. I, Eck ford, trading as. Cornab Go,' Comabe "Eckford & Ca, and Eektord. Motors. 'The judgment was Givered in EA, Supreme Court May 5. An order was made on Jun 25"Yoat that the plaintiff barite should have' such relief as was sought in Ghelr_ summons, but the position of Eckford, Motors, Lid, was reserved for further" consideration at the nest of counsel, tue judgment states dhis originating summons it war ordered on June 26 ist that the inti ante have the relief their summons; but the position of Belford Motors Ltd, was reserved for further consideration at the quest of counsel.
From the afldavit of Alfred bert Hogg, managing director of that company, it appears that the of Bekford Motors was established in {he year 1020 at Chotoo and Tsingtao a motor-ear and. garage busines, ind Cornabe Exkford & Ca, of Eh foo were uppointed. general, manag tts. thereof, in 1930, with. the con: Sent of the general managers, the ffrm erected on Chefoo British Con-Mila Lot No. 158 belonging to the former, certain -bulldings such show-room, a repair-shop, ud. offices, No. rent war charged by the general man Tue so occupied and. there wis For the "portion of the
definite lea. dhereot. Tu 1081 the butines of Eckford Motors was acquired by Bekford Motors Ltd. Ainder an -agreément of March 2, Whereby the former agreed to sell and. the letter to purchase "the Hoodwill of the business together with all equipment, stocks, ores, machinery, furniture, fxtures, Attings and the benefits of the exist: ing leases of the premises occupy by the vendors in connection with said business;" part of the consideration for the sile was a sum fof $51,000 in fully paid-up shares of the company allocated in various proportions to the partners of the firm and the residue was the tion by the company Habiities of the partnership. By rament, the com~ any was to accept "without investlgation, objection or requisition such title as the vendors have to the said premises hereby agreed to be sold' that Ig to say whatever title the vendors had (0 the buildings and the Yand on which they were erected. 'Additional' buildings wore " subse quently constructed on the land by Bekford Motors Ltd. no de-cee an can Pee ea geechee tot fener one a Sitar ae Aue, weet te can "liberty" thus conferred on him the compradore pledged these properties with the plaintif® bank bya s0- called "mortgage deed" in the Chinese language against a loan of $150,- 000, which was used by Cornabe Eckford & Ca, to pay. off an over-Graft with the local branch of the Hongkong & Shanghai Banking Corporation, The "mortgage deed" purported to include "buildings of Beach Street, of the office of Messrs. Corn-abe Eckford & Ca." "buildings of Customs Road, of "the godown of, Messrs. Cornabe Eckford & Ca," and "buildings of Broadway, of the residence of Messrs. Cornabe Eckford
Text read from the printed page and cleaned; old type leaves the occasional error.