"In a Fool's Paradise" sim cons tasse udo ts pes lip fini a bene, ari conta ar ft tee sets ge Be ai 9M. ort na teed Shanghat Gudgment Reserved)
'The hearing opened in HM, Full Court on July 26 of an appeal against '4 judgment given by Judge P. Grant Jones in HM. Supreme Court on June 13, 1998, in' favour of the plaintifis in the case of the China Really Ca. Fed, Inc, v. Mr. 4.0, Anderson and Dr, 'C. 'T. Kew, When the plaintiffs sought the foreclosure or sale and/or possession of certain properties belonging to the partnership known as the British Flower Shop, and situated int French Concession. The ease arose out of a series of mortgages, originally held with the Credit Foncier. a later extended to and increased by the China Realty Ca; the total amount of the mortgages was $183,850, Opening his case, Mr. Measor said that shortly after the partnership of Kew and Anderson had been. in operation under the. name of the "British Flower Shop," Mr. Anderson, a former member of the Bar of the 'Supreme Court, desired a personal Jean of Tis, 26,000, and Dr. Kew agreed to assist, the French Consular for tes. being' transferred to Credit Foncier as security, Later, Mr. Anderson "apparently" wanted more, and had the Credit Foncier fsgue'a declaration of trust in favour the Tai Yuan Bank, Later still, the deed of ownership was. trans: ferred to the present respondents.
"Actual Notice'
Mr, Measor then proceeded to dear length with the record of the ease and the judgment which was delivered, in the Supreme Court. Examining points where the judge in the Tower court had made findings of fact, notice ab initia of Dr. Kew's interest the British Flower Shop, and that they had constructive notice of interest In the mortgaged property.
Mr, Measor therefore submitted that when the respondents knew that there was a partnership they should have made due enquiries; if they had made those enquiries, the loan would never have exceeded the is. 20,000, which was the only amount Dr, Kew had agreed to assist Mr, Andersor with, Dr. Kew was acting throug! gut on what he was told by "a professed lawyer here in Shanghai."
"Kew was living in a foo paradise," "Mr. 'Measor continued. 'There had perhaps been a certain amount of negligence on both sides, Uut he submitted that the greater amount of negligence lay on the side fof "the respondents, for, had they mage enquiries they' would have soon Tearned of the. existence of the partnership,
Text read from the printed page and cleaned; old type leaves the occasional error.