Plaintiff, said Judge Helmick, now alleged that on August 16, 1937, the defendant, by virtue of these conirocts, took possession of properties at Shanghai, Tientsin, Canton, Sw tow, Ningpo and Wenchow and now threatened to take possession of other properties at various other ports, together with all steamers and floating equipment, Plaintiff admitted defaulting in certain payments due against loans but alleged these defaults mere caused by force majeure and that therefore, in equity, plaintiff should ko permitted to take possession "only of property which might be endangered by the present hostilities and of such value as would protect the loans guaranteed and/or the advances made by the defendant."
Plaintiff alleged the contracts did not contemplate a situation such as now existed and since there was no adequate remedy in law, c"ked for an injunction restraining the defend ant from entering or taking posse sion of further properties.
"Wrongly Ousted"
"A companion action in ejectment: brought by plaintiff against defendant alleged defendant unlawfully entered into possession of and wrongly ousted the plaintiff from the possession and control of the plaintiffs property situated at Shanghai Tientsin, Canton, Swatow, Ningpo and Wenchow, and prays that the defendant be ejected therefrom and possession restored to plaintiff."
Defendant admitted most of these allegations but denied that the action taken and those contemplated were wrongful, and pleaded legal rights under the contract.
The Court, went on Judge Helmick, ionnd ín the contracts no grounds for limiting the rights of the defendent to something less than the words imported. It would appear that the defendant had done and intended to do what the contracts contemplated. I was doubtless true that the defendant would be required to account to plaintiff for what was taken, but the right end necessity of secur appeared to rest in the defendant own judgment until the plaintiff's indebtedness was fully pai The Court, therefore, denied the injunction.
The full text of the judgment, together with the decree of dismissal, will appear in the next issue of the "North-China Herald," April 27, 1938.
Text read from the printed page and cleaned; old type leaves the occasional error.