17
C.
With reference to alleged financial transactions between the Shroff and the Company
The Shroff alleges that he had no interest in the
Company.
The Ledger account in the Company's books shows a loan of $3,000 by the shroff to the Company and its repayment by instalments.
He says that for this loan he was given a receipt by the First Bailiff who told him that he would get the money back in ten days. He says the First Bailiff told him that if the 5.S. "Ling Nam" was sold the money must pass through the court and he would pay it back to him.
The money, he says, was not his own but that of a
friend.
76
In the cheque books of the Company appear counterfoils of twenty one cheques made payable to the shroff between the 12th February and the 9th August, 1926.
Two of these the shroff explains as payments of the proceeds of sales under distraint which were paid (improperly) through him to the plaintiffs direct instead of being paid to the Suitors' Fund.
Of a cheque for $3,000 dated 13th July 1926 he says that he can remember nothing.
Three of the cheques related to the repayment of loans. In respect of the remaining cheques the explanation given by the shroff is that the Auctioneering and Brokering Co. always came to his office to cash their cheques and that he cashed them out of the daily takings and sent the cheques to the Treasury.
From his own statement he appears to have been in the habit of cashing the cheques of other business people using public moneys for the purpose.
The shroff would, from the se transactions appear to
have
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