CHINAMAN'S ESTATE.

Auckland Star, Volume LVIII, Issue 234, 4 October 1927, Page 11

CHINAMAN'S ESTATE.

CLAIM BY CREDITORS. GAMING ACT PLEADED. RUNNING A "FAN-TAN" CLUB. A somewhat involved case came before Mr. Justice Stringer at tho Supreme Court to-day arising out of claims against' the estate of one George Gee, who died about twelve months ago. Mr. Tong appeared for a number of Chinese who claimed against the estate. It was alleged that Gee held money of the plaintiffs with which he ran a lottery or bank. It was alleged that Gee owed plaintiffs money at the time of his death, and the action was taken for the purpose of payment of the same. Mr. A. H. Johnstone (for tho Public Trustee) said the business was that of a Fan Tan Club, and claimed that, as the transaction was unlawful, the plaintiffs were barred by the Gaming Act. £500 Due To Europeans. Counsel stated that the position of the estate was that there were assets totalling £1168, against which there were legitimate claims by Chinese totalling £1200, and another £500 due to European creditors. Under Section 71 of the Gaming Act, the plaintiffs could not, he claimed, recover.

Mr. Tong said the position was quite clear that George Gee had received certain money from these men for which he had not accounted at the time of his death. He claimed that the money had been paid by plaintiffs to George Gee as their agent to run this business. It was not permissible for an agent to set up the defence of illegality against his principal. Mr. Tong claimed that the liability to account for funds received held good fin this case.

His Honor asked whether these claims were to stand or fall in accordance with the decision in the previous one. To this Mr. Johnstone agreed. His Honor said he would reserve his decision.

Other cases were on a similar line with the exception that the game involved was "Pack-a-Poo." Certain debts owing to Chinese tradesmen for goods supplied were proved.