1896-12-26 — Page 5

SUPREME COURT.

21st December.

IN ORIGINAL JURISDICTION.

BEFORE HIS Honour. Dr. CarSINGTON,,

(CHILY JUSTICE)

THE BANK OF QUINA, JAPAN, AND TUB STRAITS, LIMITED, V. CHEONG TAU TO,

CHEONG YAU KUNG, AND LAM SHI

The plaintiffs sought to recover $100,000,

debt due on a bond.

Mr. J. J. Francis, Q.C., and Mr. H. E. Follook (instructed by Meters. Johnson, Stokes, and Master) appeared for the plaintifs, and Mr. W. V. Drummond, Mr. E. Robinson, and

SUPPLEMENT

TO THE

"HONGKONG TELEGRAPH”

OF THE 16TH DECEMBER, 1896......

|

the Hon. Ho Kai (instructed by Mr. Dennys) request of Cheong Koon Sing and withant Koon Sing and Cheong Kai, or either of them, is unfortunate that the only witsomos who have in-chief. In his cross-examination he said that.

appeared for the defendants.

9th October list and lasted six days.

His Lordship delivered the following written indgment:

The writ of summers in this suit was fasued од the 10th Sept., 189-1. It stated that

Cheong Hoon Sing for some months after he No question arose between the Bank and had entered on the performance of his duties, and Indeed it may here be said that Mr. Darby speaks of him generally we having dia charged his daties to the satisfaction of the Bank. In the months of February and March, 1892, the Bank purchased from fire Chinese banka this colony, through and on the recommendation of Cheong Hoon Bing, alaren bills or drafts Chinese bank and firms at Shanghai. One of these bills was rabsequently paid in Hongkong and it is there- fore unnecessary to taks further Bocount of it. The remaining ten bills were drawn by. the banks on the dates-and-for-the amounts mentioned below. They were in the English

favour of the Bank, but the remaining nine were drawn in favour of Cheong Koon Slag and endorsed by him to the Bank. This was done by direction of Mr. Inchbald, in order to prevent any question arising as to whether the tills bad or had not passed through the hands of Cheong Koon Sing..

account of Kha Bing Tai with that amount, sixd | the Straits, Limited." In 1891 the com- | settlement with Kan Bing Tol in order to pro»:} English toʻMe: Darby, and Mr. Darby then thus showing the intention to make Kan Bing | pany was converted into a bank under the teet himself.

called him saida and said to him, "Kan-Bing Tot responsible for and to obtain payment name of the Bank of China, Japan, and the About 9 pm, on that Sunday, he went to the Tois pidgin finish, alright, don't you sorry, of the deffelsucy on the bills from him in Straits, Limited. Mr. Darby joined the Bank residence of Mr. Darby and told him of what : Yon go other bank; yon do your best.” Than stead of Cheong Koon Sing or Cheong Kai" By as accomutant about the time of its setablish- |.had occurred, and the two of them went to the homys he went away, leaving Mr. Darby and an amendment of their auswer-made, pursuant moat, and Mr. Inobbaki became manager sp-offices of the Bank, arriving there between 250 Kan Bing Tol together, Hia ovitionce proceeds to an order of the Court, on the 10th August,parently in the early part of 1899. Until and 3 p.m. No docht he went to Mr. Darby as follows After the interview I took no 1805, the defendants'enlarged their defence | August. 1891, the Bank had no compradore, but instead of Mr. Inchbald brennan the later I stops to get securities from the Kwang Fok or on this point by, stating that "by an agree- on the first day of that month they engaged the gentleman had only recently assumed the the Wing Tang Yan Banks; I thought the ment mede subsequent to the 25th August, 1801, servicchof Cheong Koon Sing as compradors and management of the Bank, while the former matter was settled. 'Mr. 'Darby, Kan Sing Toi, with Kan Sing Toi by the plaintif bank, at his elder brother, Cheong Kai, bennis aurety for had been employed as its soseantaat for some and I had agreed that Kan Sing Tol's share the request of Cheung Koon Sing and without him. Cheong Kai had been the compradors of the time. Mr. Derby states that he had a longs fuccount should have entered in it the liabilities the corseat or knowledge of Cheong Kai, to Hongkong Ŏlab, and was apparently possessed interview" on the day in question with Chepa of the Kwong Fuk and the Wing Tang Ya debit the account of Kan Sing Toi with the sum of considerable property. On the ith August, Koon Bing. But it does not appear that any on the four bills. I took no further stops of $97,209.23, the plaintiff bank took a subati 1891, Cheong Koon Sing and Choong thing material was said or done until Kan Slag after this with regard to the four bills of these tuted security, and thus discharged Cheong Kai signed the letter of agreement and executed the Tei arrived at the Bank. He was fetched two banks. After this interview I took further from all liability that the agreement made band mentioned in the petition. The bond thither by Cheung Koon Bing at the instance, steps about the other three banks and recovered with Kan Sing Tai by the plaintif bank, at the contained a clause reaarving the right to Cheong Cheong Koon Bing says, of Mr. Darby. He money and securities from them."

This evidence was given ́in his examination- the consent or knowledge of Cheong Kai, was an to determine it on giving to the oblignes six. given, evidence se to the conversation which The hearing of the case commenced on dition of Cheong Kai, and discharged Cheong do so. On the same day Cheong Kai arecuted Koon :Siam They are - both - Interested wits hands of the plaintia bank should be used to Arrangement which materially affected the post months' notice in writing of their intention to then took place se Mr. Darby and Chocsig Kan Sing Tol "agreed that his shares in the Kal from all liability and that "the agree the indenture of charge and mortgage man nesses, but no doubt Cheong Hoon Bing char a meat his liabilities in respect of the Wing Tang ment made with Kan Sing Tol by the plaintif tioned in the petition."

much more dieset and real interest in inducing Yan, but he said there was no need to put it in bank, at the request of Choong Koon Sing and

thon than Mr. Darby can have on his side. In Fuk and Wing Tang Tan, the Einblity in the Court to secept his veralen of the transsue writing, and he mentioned both the Kwong without the consent or knowledge of Cheang Kaf, was an agreement in effect giving time to

any case their statements as to what took pisce respect of both being Th. 70,000.". With re- Cheong Koon Bing by an implied agreement and

with regard to this matter of vital importantgard to the two letters written by Mr. Darby discharged Choong Kat from all liability. The

are in conffet with one another, and I have for Kan Sing Toi to sign, he says that the answer then proceeded to specify several sums of

determine for myself which of them I will only reason, which Kan Bing Tel gave for not money which the defendants submitted should

believe. In forming an opinion on this point signing the first letter was that it was in Eng- have been credited by the plantiff bank to Choong

it is necessary to have regard to the relative. Hah and he could not understand it, and he is Koon Sing-but which I need not at present

truthfulness of the two men as I onuscive-of it, unable to explain why Mr. Darby should, under specially mention-and it concluded by stating

to the inherent probabilities of the matter, and to those circumstances, hare written and tendered that, according to the true state of the accounts

the subsequent conduct of the parties concerned: a second latter in-English, between them, the plaintiff bank was indebted

Let us consider firet Mr." Darby's, varsión These are the two versions béfore the Court to Cheong Koon Bing, and that the defend

of the conversation and what was done in of this important conversation. They are ants were not indebted to the plaintiff bank

the course of it. In his examination-in-chiefalearly not consistent with one another. A under the bond or indenture of charge dated

he does not give any detalla of the conversation, cording to Mr. Darby, the affect of that the 28th August, 1891.

but merely speaks of the documents which were conversation was that Kan Bing Toi agreed to written at the interview and to which I will give the Bank, for the sake of convenience and

the following statement During the inter, to any margin or balance on his private sooount view with Kan Bing Tol and the compradore to cover any lomon oconnloued to the Bank by and myself, I do not remember the compradore the dishonouring of the Kwong Fak bills. E taking me aside. I cannot swear positively was asked nothing in cross-examination as to either way. It is five years ago neatly, I do his having, at the time and on Boocant of not remember the compradors having anked me accepting this additional security, released to get Kan Bing Tolio pledge his margin on Cheong Koon Sing from liability in respect of This share accounts against any possible loss on the bills of the two banks in questions or 20,000 the Wing Tang Yan and the Kwong Fak bill either of them, 46,400 I don't remember whether the compradore in- quired of me during that: Interview whether 20,400 Kan Sing Tol had a good margin on his loan accomt. I know something was said about the margin on Kan Sing Tol's scoount during that interview. I think I braght up the matter-I cannot swear." Eviñance of this kind is not very ratlifactory from the point of view of clearness and definiteness, but at any rate it shows that Mr. Darby would not force his memory to testify in favour of the Bank's arriving at this conclusion. In the first position in this case. In re-examination he pince, I have formed the opinion that Mr. affirms that he never gars Cheong Hoon Bing Darby is more trathful and candid witness that than Cheong Koon Bing. It is true that I to understand, either directly or indirectly, the debiting of Kas Sing Foi acechat with did not have an opportunity of seeing Mr. the value of the four bills of the Kwong Bak Darby, under examination, but the Registrar, and Wing Tang Yan Banks would diminish before whom he was examined de bene essa, in- is liability in any way. There is no further forms me that, although his memory seemed to evidenes obtained by either party from Mr. be pretty often at fault, yet he gave his evidence Darby with regard to the terms of the con in a spparently truthful manner. His evidence relating to the roads sa that of a man not in any way desiring version otherwise than documents already mentioned. With regard to to strain the truth. But I cannot say that I those documents Mr. Darby says that he pre- was favourably impressed with Cheong Roan pared two documents for Kan Bing Tol's Bing at a witness. He appeared to me to be an following term signature." The first document was in the exceedingly astute and intelligent man who carefully weighed his answers to the questions pat to him and was anxious that they should socord with the osse put forward for the do- fence. His evidence was given through an interpreter, and I am inclined to think that he knew English suflotantly well to be able, gener- ally speaking, to know what the question was be adverted to the subject of the relative Interest fore it was interpreted to him. Thave already. of the two witnesses in the result of the mit. Then, to come to the subject-matter of the agreement as alleged by Cheong Koon Sing, it

the defendants woro sued as executors and. executrix of Choang Kai, deceased, and it was specially endorsed, under section 15 of the Code of Civil Procedure, with a claim for $100,000, being the amount due under the joint azd several band of ons Cheong Koon Sing and the said Cheong Kai, deceased, to the plaintiff Bank, dated the 25th Angust, 1891, and con- ditioned for payment of the sum of $100,000 on default being made by the said Cheong Koon Bing to perform and observe the duties, obligs tions, matters, and things contained in the said bond. There was also a claim to have the estate"" of "Choong Kol administered, but this was not followed up in the petition of the On the 18th July, 1895, the plaintiffs, having ob plaintiffs, Nor do the plaintiffs

haring their replication to the defendants" answer. The repli- claim dealt with ander the above-mentioned procation stated that Kan Sing Toi was a partnerin visions of law relating to specially endorsed write and manager of the Wing Tang Yan Bank sud The petition was filed on the 20th October, a partner la tha Kwong Fuk bank; that he 1894. It set forth that the plaintiff bank was was thas personally liable to the plaintiff Bank a fauited company carrying on the business of a and to Cheong Koon Sing for the sum of tank in Victoria and at other places in the 897,223.23, being the amount of the bills par East; that, at the request of Cheong Kai, chased by the plaintiff bank from those banka the plaintiff Bank, on the 25th Angust, 1891, that, at the request of Choong Koon Sing and engaged his brother Cheong Kood Slag as

with the consent of Kan Sing Tes, the plaintiff compradore of the Hack; and that, in consider. bank debited the account of Kan Sing Toi with ation thereof, Cheong Kai agreed to become that amount in order that if at any time, by anrety to the plaintiff bank to the extent of the realization of the shares and securities held Kung Tal.. $100,000 for the duo performones by Cheong by the plaintiff bank in respect of that account, there was left any margin to the oredit of Kan Koon Bing of his duties and obligations sa such compradore; that upon the same date Cheong Sing Toi over and above his debt to the plain-wong Fuk 17th March, 1902. 20,000 Koon Sing wrote a letter of agrooment to the tif bank on that account, it might be applied plaintiff bank in which he specified the terms

in reduction of his liability on the bills and of upon which he had been engaged and his sluties the liability of Choong Koon Bing; and that and obligations as compradore; and that Cheong Cheong Koon Bing agreed that his ability to Kai signed at the foot of this letter a declars the plaintiff bank in respect of the bills should tion whereby he approved of the letter and not be released or in any way diminished by declared himself liable na sarety for the per- reason of Fan Sing Toi boing so debited. The formance by Cheong Koon Sing and his om replication thea dealt with the allegations of ployés of his and their obligations under the the answer that certain sums should have beon letter and nader a baad nunezed thereto; that credited to Cheong Koon Sing, and it con- this bond was erected on the same date an by eladed with the statements that, upon the trus it Choong Koon Sing and Cheong Kal jointly state of the accounts, Cheong Koon Sing was and severally bound themselves, their executors still indebted to the plaintiff banke in the sum and administrators, to the plaintiff bank, and of 3181.544.38; that any soonrities which the that one of the conditions of the band was plaintif bank hold in respect of that debt that "if the said Cheong Koon Bing or his would, upon payment of it, be transferred to employés in the Bank should be and remain Cheong Koon Bing or as he should appoint; responsible for and pay on the days when the and that the defendants, as executors of Choong same should fall fine alt Chinese bank notes, Kai, were indebted to the plaintif bank in the sum of $100,000, part of the said sum of

served that the answer of the defendants was amended by stating in various ways the affect of the arrangement made between the plaintiff bank and Kan Sing Toi after the filing of the replication, and therfore the replication does not deal with those amendments.

inken any further steps by way of to have tained leave of the Court for that purposo, filed a language. The first of the bills was: denwn in prosently refer. In aross-examination he makbe by way of additional, security, a ready recourse

Do.

Da

Tacla 20,000 Tan Shing 26th Feb., 1807. Wing Tong Yan 27th Fab, 1891...... 20,000 >

7th March, 1802 .... Do.

20,000 Kwan Yu 27th Feb., 1893...... 10,000 Do.. 7th March, 1892 10,000

1st March, 1391 ... 20,000) 3rd March, 1835... 20,000

60,000 34th March, 1892. 20,000

30,000 14th March, 1802. 10,000]

Tacis 170,000 Beside these bills the Bank also, through and on the recommendation of Cheong Koon Bing, on the 8th March, 1893, advanced a sum of $10,000 to the Kwa Yo Bank, taking its promissory note for that amount. The total amonat disbursed by the Rankl for these bills and note was $244,067 28,

At the time of these transactions there was in the solony a man named Lo Hok Pang, who was the compradors of the Hongkong and Shanghai Banking Corporation. He was prominent and influential member of the Chi. nesa community, and was reputed to be possessed of great wealth. He was a partner in all the Ave banks mentioned abore, except time another Chinaman named Kan Sing Tol. the Tan Shing. There was also at the same

bills, drafts, promissory notes, and orders and $761,54438, and for interest.. It is to be ob. f.who was regarded by the Chinese as a man

other securities which might thereafter be received or purchased by the said Cheong Koon Bing or by any of the aid employs or hy the plaintiff bank with the knowledge and consent of the said Cheong Koon Bing, or with sysh knowledge and consent through any of the said employàs, then the said bond should be and of no effect, but otherwise should be and romain in fall fores and virtus; and that apon the same date Cheong Kai deposited with the plaintiff bank na a collateral security the title deeds of certain usehold property situate in Victoria, and by indenture charged all his Interest in that properly with the payment of all sums of money, not exceeding $100,000, which should become piyable by Cheong Koon Sing to the plaintin bank under the latter of agreement or bond, and also with the ment of all losses, damages, and expenses which which should be incurred or stata inrament or bond, sustained by the plaintiff

&

by

Hongkong, 28th Marsh, 1993. The Manager, the Bank of China, Japan, and the Straits,

Idmited, Hongkongi,

may

On the other hand-Cheong Hoon Bing's version is to the effect that Mr. Darby expressly released him from farther liability in respect of these bills, and agreed to accept the right of appropriation given by Kan Sing Tol in lieu of that liability.

Of these two discordant version "I believe that given by Mr. Darby as against that given by Cheong Hoon Bing, and I propose to state briefly the reasons which have weighed with me

of considerable financial status." He was a part-

Dear Sir,With regard to all acceptances in the posse ner in two of the "above-mentioned banks, namely, the Wing Tang You and the Kwong sion of your Emak on this date, drawn by the war Fuk, and was also the manager of the former Pak Bank or Wing Tang Yan Bank of Hongkong banks. His name appeared on the two bills of shall be paid at maturity, and I haroby authorize you

Ycen Loong, Shanghal, I hereby guarantee that same the Wing Tang Yan Bank as one of the rain any margin there is, or may be, on my account This is the substance of the pleadings between parties to them. He had a private advance

with your bank, to liquidate any debt which may be the parties. There was no settlement of israes, nocount with the Bank, and was in the habit owing to you through the default of shore banks or sms but I think it will be apparent from a perumal of depositing cartifestas of shares fa son to protect such soort this letter is wrongly of the pleadings that the principal question in panies and other securities to cover the advances

may be asked why should Mr. Darby have made controversy between the partics was as to the made to him on that account. This secount dated the 28th Instead of the 27th March,

such an agreement P.. It is not disputed that effect of the agreement made between the was in vistence before Cheong Kaon Sing. This letter as Blog Leeton Kan sing ict was expressly liable on the plaintif bank and Kan Sing Tol upon the beam compradore to the Bank, and it is ad. and Mr. Darby are that the reason which he Wing Tang Yan bilis as a party to them and

gave for this refusal was that "it included the liability of Cheong Koen Bing and therefore mitted that he had no connexion with or upon the position of Cheong Kai na his surety. responsibility for it. It was the custom of the Wing Tung Tan Bank, which at that moment ultimately Ilable on the Kwong Fuk bills as a Accordingly at the hearing the contest, both Bank to make a valuation of the securities hold had not closed the doors." He Darby the Darby, marely for the use of the Bank being partner in that bank. Why then should Mr.. as regards evidence and argument, was tuainly them on this scooter of it to the host with the exception that the name of the Wing billy, anyrender the right to call on Choong

sccount at the of wrote another letter of the same purport,

way home this contred round this point. fore Bir Fielding Clarke, the Iste Chief Justino, an Eng. To's Inde73440s and the securities the reason, as stated by Mr. Darby, that it was of those two remember that the margin made

On thess pleadings the cause was heard be. office in London. On the 20th February, 1892, Tary Yan Bank does not appear in it. This

Kan Sing. Toi's indebtedness to the Bank on lottar alus Kas Sing Tal declined to sign, for Koon Bing to make good the losses in respect

Kan Bing Tei then wrote, and gave to "Alr. Derby a Chinese document, of which the follow Ingla a translation ———--- Tang & Co. (Bank of China, Japan and The Kwong Book Bank are indebted to Wal Straits) for any money on account of drafts. I am willing to allow the margin money of all my shared I have pledged in the Wal Tung Bank to be deducted (set off). There shall be ion to the contrary and nothing further

Kwong Bal, 16th year, 2nd moon, 29th day (27th March, 1892).

on the second and third days of September,

and

fore, on that date a surplus or margin in his favour of 888,801.78,

bank"? In answaring this

$30,000 short of the required amount, and also the last valuation of the securities, nearly

Tale of the shares held for the account would that Mr. Darby must have known that the probably fall In consequence of the financial crisis. Again, it is easy to understand that

Mr. Darby hould conclude such an enge reference to Mr. Lachbald, but it is lav from being easy to understand how he could makce such an arrangement ne that alleged by Cheong Koos Bind out that, sa regards the

ment, as that described by hinsek without

without such a reference.

sach sums of money, losses, damages, and ex penses not exceeding in the whole the sum of 1895. It then appeared from the evidence of were valued at 8667,648.00. There was, there in English and he could not understand Englan.available under the alleged agreement was, at $100,000." The petition then proceeded to Mr. Darby, the accountant, and Mr. Inchbald, alingo that fa the months of February the manager, of the Bank, that since the in and March, 1892, the plaintiff bank partitution of the suit the Bank had been wound chased through Cheong Hoon Bing, as compra-op and its assets, rights, and liabilities (including dore, from Chinese banks in Hongkong, eleven all its rights in respect of the matters in con- bille or drafts drawn on Shanghai; that these troversy in this suit) asigned to a new com- bills or drafte were dishonoured, involving a pany called "The Bank of Chima and Japan, lose to the plaintiff bank of $208,105.29 for Limited. It was accordingly ordered that, arinaipal and interest, loss on exchange and re- on the application of the plaintitis, the further exchange, and expenses of noting and pro hearing should be adjourned sine die, and the toating and otherwise that on the 8th March, the plaintiffs should have leave to amend 1302, the plainti bank lont, through Cheong their petition by stating therein the signment Koon Bing, to a Chinese bank on its promissory of rights to the new Bank. This was socord note the sam of $10,000, but the note on being ingly done, and the defendants in denial of the heir presented was not paid, that Cheong on an alleged assignment and of the right of the Bank

adding a paragraph in repaid to cr

for plainti bank the sum of 3143,884.97 on mosqunt of these losses, of China and Jepan, Limited, to carry on and loving balance of 8181,844.38 still owing by continue the suit in the name of the plaintiff him to the plaintiff bank, which he had refused batik. It may at once, however, be said that ta pay; and that the defendants, on application this fanial was not followed up, and that the made to them for that purpose, had also refused fact of the saxignment was suflolently proved to pay

this balance. The petition concluded by an affidavit of Mr. Campbell, the liquidator with the prayer that the defendants might be of the plaintif bank, which the plaintiffs had declared ladebted to the plaintiff bank in the obtained leave of the Court to me at the near- aunt of 8100,000 and he adored to pay it ont of her. For the sake of convenience the expression the estate of Cheong Kal, with interest thereon the Bank" will hence forward be used to do atB per cent, per annum from the 10th Septem. note the plaintiff bank. ber, 1894, and that the property mortgaged by The cause came on for hearing before me en

Apparently without any warning, in March, the cells of a grand trans in Hongkong and 1899, seriale character arose among Shanghai. The crisis sector to have been im. mediately brought about by the disappearance from the colony of Le Hoh Pang. This event took place on the 28th March, 1882 Cheong Roon Sing hoard of it on the morning of the following day, the 27th March, 1892, and he seems to have at paes suspected, and with good

(BL) KWAN BIG TOL reason, that the banks which had drawn the enspend payment and that he and his suretystion at the interview is fuller and mere precise. bills and made the promissory note would Choong Koon Bing's account of the couror might thereby became involved to's very large it is in substance to the effect that Thing extent. He sourdingly spent the morning in Tel was angry at his pressing him is to how he making visits to the banks concerned which, proposed to meet the bills amounting to Tla although the day was Sunday, were, in accord. 10,000, of the two Banks, that to Crist Bing ance with Chinese custom, open for business Toll then wid to Mr. Darby that he had got with a view of ascertaining from their managing too much shares inside the Bank and had partners what were their chances of tiding over "got a margin too," and that he (Mr. Darby) the crisis and especially how they proposed to souli pat his socount and that Mr. Darby meet their liabilities to himself and the Bank, nodded his head. He says he then took Mr According to his account, he received from Darby aside and taked Him whether Han Sing the Tasu Shing, Kwan Ya, and Kung Ta Tet had share in the Bank and had a margin Banks saurance that their position was not also, and Mr. Darby mild “Ya he had plenty,!! endangered or at any rate not mado des. He proceeds to my that Me, Darby, than wrote

*paper in Engin offered it to Kan

ท

It may also be evidence supplied by the documents themselves doomments weltten at the interview, the internal more comfistent with the story told by Mr. Darby than with that told by Cheong Kocu Bing Why, for instance, should Her Bing Toi have given, at one and the same time, an express permission in writing in the case of the Kwang Fax bille and only a verbal permission in the case of the Wing Tang Yan bills? I have already referred to the absence of crosE- examination of Mr. Darby with respect to the alleged agreement. It is trus that Mr. Darby wes waked whether Cheong Koon Bing took him wide at the interview, bab I do not understand why this question was not followed by the more - material question whether he spoke to

Cheong Kal to the plaintif bank might be the 9th October last, when it was agreed by parate, and, what, was more to the point at to sign, but she refused to sign it on Chéong Kéon Bluz the words which are ab ordered to be sold and the proceeds applied in that it should be entirely re-keard, and this was Į and other securities to enable him to the ground that he ✨ did not t, understand, ME HIS Exprens volexas of the latter's lisbility,

ment of the amount due to the Bank.

the parties that it would be more convenient contributions of Chinesa promisory *notar By their answar, which was filed on the 15th sccordingly done. The hearing lasted six days, meet in part their engagements, on which he wu English↑ thać: Ke," Darby wrote 1: 60005! The further observed by Mr. Francis that the Nov. 1894, the defendants admitted the writing and the case was conducted with mucit ability also Hable. He obtained from the Ten Shing paper in nibh do and to form that thrandanta answer did not pet forth any express of the lattor agreement and the expoutim of be conzesi on both sides,

Bank a promissory note for Tim: 10,000 made: Tel's signature, but he refused to sign that matase or Indeed any specile agreement ab sul the bond by Cheong Koon Bing and Cheong Kai, They also admitted the purchase and dishonour plaintifs of the affidavit of Mr. Campbell Kang Tai Banks an sealgament of property to Mr Darby the Chinese document, of which con Sing should not have, furnished them The evidence consisted on the part of the 35,000 or 95,500 in cash; from the Kwan Yu and and that "kan Bing Toi then wrote and delivered and it is dificult to conceive how or why Cheong In their favour by Tang Tastal at Swatow and Also Cleging Comme reason for his refusal : Between Mr. Darby, and Cheong Koon Bing, of the bills and the ton-payment of the pro- already mentioned and of the de bene ass in Saigon and from the Kung Tal Bank 500 translation has been set put above. He states with information on this point at any rate in missory note given to the plaintiff bank for the examination of Mr. Darby, the accountant of Ioan of $10,00%, but they, a pale 1, the Obrong tho Bank, talien before the Registres. On the shares in the plaintifa fram, to the Koon Bing was responsible for Interest war, part of the defendants, Koon Sing was by the plaintif bank on the hills. They stated length. A number of documents, wers pro that on the 31st May, 1892, by an agreement used in evidence by Mr. Darby and Choong made between the plaintiff bank and Kan Bing Koon Sing aspectively. The ridance on the Tel, a customar of the Bank, the account of one side and on the other is conflicting in Kan Bing Toiwith the Bank was dobited with a respects and especially with regard to the sum of $37.322.23, belag the amount due in nature and incidents of the arrangement made respect of the dishonoured bills that Cheong batween the Bank and Kan Ring

TOLI Koon Sing bad no responsibility in respect of

in his

Lable to pay more than the notual loin sustained ? examined, and cross-azamined at considerabla alan and Kwong Fak Berking Tung the doonment, he szálaim to Mr. Darby that graphs of the answar, which were not flədi

only the name of the

of

the mam of the

ang Tak appeared in the 10th August, 1896. It may deserve men- managing partner, Kan Sing Tol, at the ombed herompen Kan Sing Folkryl sinod that he was ended paragraphs as it originally stood the former because he was not able to find the and the name of theTV! Young Tau was Rodanty tion In this connexion that in one of those the hand. He was asked in cross-examine the manager and sole owner of the Wing Ts dedendants milaged that the plaintia bank than why, when he did not find Kan Bing To Yan that he had put

the Wing Tang Yan Bank, he did not go to

nama on the two bills took an additional security from Cheong Koon sock him at his house, and he said in answer necessary for him to put the name of a bank Bility and that at the hearing, at Mr. "that banky and that it was therefors un Bing and thus discharged Cheong Kai from all that he did not know where he lived and that it in the doctrant. He adds a beaked Fan Drummond's request, the words "subdiated would have been improper, sosording to Chinge Blog Tel to pay (meaning uparently to carity!! were inserted in lieu of the words this account, which was commenced before vach propose to state the substance of the svidence Ideas of etiquette, for him to make inquiries on hand over som

Chinone

promissory notes

an additional security from Cheong Koon. becnie sompradore is the plaintif bank; the -and to set forth the reasons which have walghed.- the subiect.” “Ilia to be remembered that the which he had?

Im Kan Bing Toi

Sing. As a last reason which has Industiced the securitien Held by the plaintiff bank on this with me in acceping the version of fanta split bills of the two banks in which Kan Bing: Tol pulled out twenty

nob for my mind in deciding this question of the rela the I lays adopted.

them Hve truthfulness of these witnesses, I may may doomed to that the ridence of Mr. Darby sa to what was ined the sad and dons at the interview of the 37th Anuhy 1998, la bome out by the subsegnant

account were more than mafiolent to cover the "dozuk

was Interested represented « suta of Tis: 70,000 agdoshi to about $100,

um of 897.222.23 and that "the plaintif Bank The Bank had formerly been a trust under 307,422128 in local currency, and there own to Max Day and tent released Choang Kal from all liability in re loan agency under the namere The Trat: "be no doubt that Cheong Koon Bing was Tary, take them Apect of the sum of $97,999.98 by dabing the and Loan Company of – Ohlas, KYRKJABAR (MARSonia to odise to some understanding 1 or 2.00)