THE CHINA MAIL, JANUARY 10, 1940
FINAL STAGES OF MORTGAGE DISPUTE ACTION HEARING
THE CONCLUDING STAGES of the mortgage dispute case were reached this morning when Mr. Eldon Potter, K.C., wound up the case for the plaintiffs before the Chlef Justice, Sir Atholl MacGregor.
that
Plaintiffs are Chan Fui-hing, Chan | tiffs to say what should have been Sik-tin and Chan Kwok-nim, and, as done. There was no evidence co-owners, they declare that the pro- there was any intention to induce de- perty was mortgaged without their fendant to do or refrain from doing knowledge, by Chan Chung-wah, | anything. brother of the third plaintiff, for $60,000. They ask the Court for a declaration that the signatures on the mortgages are forgeries.
Mr. Eldon Potter, K.C., and Hon. Mr. Leo d'Almada, Jnr., instructed by Mr. C. d'Almada, appeared for plain- tiffs. The defendant, Fung Kai-sun Is represented by Mr. Sheldon and Mr. H. C. Macnamara, instructed by Mr. M. M. Watson.
Mr. Potter referred to the devastat- ing effect of the evidence of Lo Kwok-min and said there was a vast body of evidence all going to prove that the third plaintiff was Chan Kwok-nim and not Chan Chung-wah and that third plaintiff was the pur- chaser of one-third of the disputed property.
Mr. Potter then argued on the point of estoppal and said there could be no misrepresentation where there was no duty. It had been suggested that the moment a person appre- ciated that anyone was relying on his forged signature, it was his duty to inform the mortgagee. The position here was different, with a bank and a client, as there existed contractual
dulics on both sides.
that
Continuing, Mr. Potter said silence must amount to misrepresenta-
|
NO RIGHTS LOST
Defendant, ne said, had lost none of his rights of action against Chan Chung Wah and if there had been any alteration in defendant's position, the alteration must be the direct result of an alleged breach of duty.
In this case,
the defendant rightful owners were unaware of one another and only when the property was put up for sale did the become aware of the position.
and
owners
Mr. Potter then quoted authority and said that to a legal owner of pro- perty, nothing short of conduct tant- amount to fraud could deprive him of it.
The case is proceeding,
LOANS TO CHINESE PEASANTS
Chungking, To-day. The Agricultural Credit Adminis- tration of the Chinese Government has decided to offer $22,000,000 in loans, to needy peasants, it is offelally re- vealed here.
tabenry, Supreme Court
The number of rural co-operative tion intended to induce a certain banks in "Free China" is expected to course of conduct in the mortgage in be increased to 300 by the end of the this case, it was not the duty of plain- | year.—Reutér,
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