131
326
6791
SIR,
Liabilities.
To British, allies, and neutral firms domiciled in
British territory Head office in Vienna
Total
Rs.343,526-11 349,866.09
Rs.693,392-20
(No. 34.)
No. 126.
7254
No. 127.
EAST AFRICA PROTECTORATE.
MESSRS, MATUSCH, GOLDSCHMIDT & COMPANY, LIMITED, to
ERNEST ADAMS, Liquidator of Enemy Aliens.
DEAR SIR,
EAST AFRICA PROTECTORATE.
THE GOVERNOR to THE SECRETARY OF STATE.
(Received 11th February, 1916.)
[Answered by Nos. 129 and 131.]
Government House, Nairobi,
British East Africa, 13th January, 1916.
I HAVE the honour to refer to paragraph 2 of your despatch No. 799, of the 30th of October last,* regarding the position of the Protectorate branch of the East African Trading Company.
2. The firm in East Africa is insolvent, with the National Bank of India and Messrs. David Sassoon & Company the largest creditors.
These creditors are
anxious to take over the whole business and pay off in full the smaller debts, their intention being to start a fresh concern under a new name on the foundations of the old.
3. The sums owed by the Company are as follows:-
(a) Rs. 5,59,941 to the National Bank of India.
(b) Rs.5,00,000, approximately, to Messrs. David Sassoon & Company.
(c) Rs.70,051 to an Austrian firm.
(d) Rs.38,713 to Mr. S. Marcus, one of the partners and an enemy subject,
on capital account.
Rs.5,000 to sundry local creditors.
Rs.14,000 to a Manchester firm against unsecured consignments.
4. Steps are now being taken by the National Bank of India to foreclose on the properties under mortgage to it, and the first hearing will take place on the 1st of February. The bank has also decided to wind up the Company, in so far as British territory is concerned, as on the 31st of December, 1915, and has appointed a liquidator, who will collect all debts due to the Company and realize assets generally as on that date. The local debts referred to in paragraph 3 (e) above will be paid in full.
I have, &c.,
C. C. BOWRING,
Governor's Deputy.
COLONIAL OFFICE.
(Received 15th February, 1916.)
[Answered by No. 134.]
[Copy to Governor, 29th February, 1916. No. 136. L.F.]
16, Chorlton Street, Portland Street,
Manchester, 14th February, 1916 WE beg to place before you the following matter, and shall be much obliged if you will be good enough to advise us as to what is our position.
Prior to the outbreak of war we shipped goods to the firm of Africana Handels Gesellschaft m.b.H., in Mombasa and Lamoo, amounting to £810 158. 1d., for account of the Africana Handels Gesellschaft m.b.H., in Frankfurt a/Main, Germany, and against this amount we hold unpaid acceptances of the Frankfurt house. Having been advised that the affairs of enemy aliens were being liquidated in the East Africa Protectorate, we lodged a claim, accompanied by full docu- mentary evidence, with the Liquidator, through our friends, Messrs. Smith, Mackenzie & Company, Mombasa. We much regret to learn, however, that the Liquidator has rejected our claim on the ground that the goods were bought in Europe and the drafts in payment were signed by the Africana Handels Gesellschaft m.b.H. in Frankfurt a/Main. For your guidance we enclose herewith copy of the letter written by the Liquidator to Messrs. Smith, Mackenzie & Company.
Against the decision of the Liquidator we would point out that the Mombasa and Lamoo houses of the Africana Company were purely subsidiary branches of the Frankfurt house, and that, therefore, any assets in the East Africa Protec- torate are in reality assets of the Frankfurt house. We think, therefore, that the claims of European creditors should be admitted.
(No. A/16.)
DEAR SIBS,
We beg to remain, &c., MATUSCH, GOLDSCHMIDT & COMPANY, LIMITEL,
(Signature illegible),
Enclosure in No. 127.
Managing Director.
Office of the Liquidator of Enemy Aliens.
Mombasa, 13th January, 1916. I DULY received your letter of 28th December enclosing documents as stated therein, and have given careful consideration to the claims submitted on behalf of Messrs. Matusch, Goldschmidt & Company, Limited.
I regret that I cannot see my way to admit this Company's claim as against the assets here.
These goods were bought in Europe, and the bills in payment were signed by Africana Gesellschaft m.b.H. there. The whole transaction took place outside the jurisdiction of the Courts of this Protectorate, the money payable outside this jurisdiction, and, as a matter of principle, I am bound to refuse the claim.
The eventual surplus of assets here will be handed over to the Government for use during the war. Afterwards it is possible that this money may be used directly or indirectly to secure the satisfaction of your friends' claim.
I am filing the documents, but will return these if desired.
Messrs. Smith, Mackenzie & Company,
I am, &c.,
ERNEST ADAMS, Liquidator of Enemy Aliens.
* No 110.
L 2
Mombasa.
:
PUBLIC RECORD OFFICE
IC.O.
Reference :-
885/25
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
132