CREDITORS’ CLAIM AGAINST A CHINAMAN

Dominion, Volume 15, Issue 23, 21 October 1921, Page 7

CREDITORS’ CLAIM AGAINST A CHINAMAN

IVAS THERE A PARTNERSHIP? Before Mr. E. Page, S.M., in the Magistrate’s Court yesterday, Laery and Go. Ltd. proceeded against Ah Chang, of Mangaweka, fruiterer, to recover A'3s 3s. lid Mr. P. S. K. Macasscy, who appeared for the plaintiffs, stated that the fruit business had been conducted at Mangaweka by a man named Chan Yeo, who becoming seriously ill, had been removed to the Wanganui Hospital. Ah Chang, it was alleged, took over the business in June, 1920. Counsel contended that a Chinese partnership existed, and that a half interest in the business had been sold. Counsel produced letters sent by Chin Ting on various dates prior to the date of the alleged sale, also letters written by Chang. The handwriting in the letters, he said, was practically identical, and one of tho letters indicated that Chang hud been in Mangaweka prior to tho date of the alleged sale. Mr. O. C. Mazengarb, who represented the defendant, moved for a nonsuit on the ground that oven if tho letters bad been written, by the same person it did not show (hat a. partnership existed. He was prepared to call (ho defendant and other Chinese witnesses to give evidence to establish his contention (hat Ah Chang was not in Mangaweka prior to the alleged sale. Ah Chang met Chin Ting, who was looking after Chan Yeo's business at Mangaweka, and he told Chang that Yee desired to sell. Chang went with Ting to Mangaweka. and agreed to purchase tho business on the basis of .650 for goodwill and the stock at valuation. An agreement was drawn up in Chinese, and signed by Chang and Ting on .Tunc 28, 1920. Ah Chang was requested by Chan Yee to pay certain of his creditors half tho amount due to each, and (his Chang did. lie had not made any promise, expressed or implied, that he would make further payments tn Chan Yeo's creditors, of whom (he plaintiff company was one. The Magistrate said he would like to have the .handwriting of the two Chinamen. Tho two Chinese wrote in the presence of the Court. Ching Ting, who bad lieen out of hearing of tho proceedings, was called, and ho produced an agreement for sale writton in Chinese. Tho Magistrate, in giving judgment for defendant, said he was satisfied with his story, which was confirmed by tho wrifing 'tests in Court. Tho defendant was allowed costs .63 I<s. 4d.