Hearing of the breach of partnership contract claim brought' against Mr. T, A. T. Begg by his former pariners la the firm of Messrs. Nielsen 4 Malcolm, Messrs, F, Allan, C. E Pinel, W. T. Cromby and Ro EL. Beardsworth, was concluded before Judge Sir Allan Mossop in HM. Supreme Court yesterday. The plaintiffs claim that Mr. Begg, after his departure from the firm of Nielsen Malcolm, continued business as an Assessor, stirveyor and consultant to insurance offices, contrary to the terms of partnership signed by the directors of Messrs. Nielsen & Mal-calm.
Mr. J, R, Jones appeared for the plaintiffs while Mr. K. E. Newman Appeared for the defendant. Judgment was reserved.
Mr. Newman asked the Court to der the drastic penal and restrie~ clause imposed by the contract, particularly so. where such restrieinjurious to the public. ye clause, Newman continued, was not in the public interests and seriously affected the business of insurance companies. in such a place as Shan hai. Mr. Newman submitted that consideration should be given where, as in this case, the defendant loses his interest in the business involuntarily.
Several cases were quoted by Mr. Newman and Mr. Jones, in reply. said that they were all goodwill eases and that goodwill did not enter into this case. Mr. Jones said that the
was fully agreed to by all five partners after a long discussion of the terms. There was no question of undue pressure oF hardship, said, to induce Mr. Beg to fenter into the contract. He was Jone of the senior partners and all mutually agreed to the terms of the contract. Mr, Jones said that at that time Mr. Begg was contemplating leaving Shanghai to go to London to take a partnership there and that he had, at that time, Brospects of evening his living some= where else.
Defendant has instituted a counter-
Tetsim for amended accounts and this counter claim was reduced to cover tone Jot of accounts in connection with uncompleted war risk cases, iM. Police Court U.S. Court for China
Text read from the printed page and cleaned; old type leaves the occasional error.