COURT CLAIM FOR FAN TAN MONEY

Chronicle (Levin), 18 March 1947, Page 3

COURT CLAIM FOR FAN TAN MONEY

-Tress /. ssociation

liv Telenrivh—

AUCKLAND. Mar. 17. Tiic eiiTumstam-es of the theft of a wife from Chinese preniises in Grey's Avenue in January of last yca r were reealled in the hearing of a eivil elaim for the reeovery of nioney, brought before Mr. Justice Johnston. The safe, whieh was alleged to have eontained £5000, was afterwards reco vered by t/Tie poliee from Manukau harbour. Three inea, a Chinese, European and Maori, were subsequentlv eaeli sentenced to a vear's refoimative detention for their part in the erime. Plaintitfs in the action were Wong Gee Yeat, fruitQ.rer, and 25 other iChinp.se who sought to recover from defendant L'ee Hov Chong sums totalling £1541 alleged to have been entrusted to hiin and whieh he had failed to return. The defence was tliat the mone.y, if paid, had been paid for the illegal pur]>ose of running a fan tan bank and was therefore not recoverable. It was further submitted tliat Ihe nioney belonging to the bank to the value of £4500 had been stolen from defpndanl 's safe through no fault of liis.

Mr. Meredith said this was a claim for nioney received and it was alleged that the money had been lost as the result of defendant 's negligence. It had been kept in a small safe that could easily be manhandled, and defendant had not even slept on the preniises. Fan tan was popular among the Chinese, and plaintitfs had each eontribnted_£(j0 toward the capital of two fan tan banlts. Lee Chong received £S a week to keep this money in safe custody. The capital of each bank was £5700 and Lee Chong had to produce £500 from this each time play staited. There were no odds in favoui of the bank and the ganie was absolutely fair, although, of course, it was a game of chance that had been dej elared illegal. At the end of Saturday i niglit, if there was any excess capital j in the bank, it was divided among the shareholders. The purpose for whici j the money 'was to be used did no) affect the validity of plaintiff's claim. I The hearing was adjourned.