CHINESE LAW SUIT.

New Zealand Herald, Volume LXI, Issue 18881, 2 December 1924, Page 12

CHINESE LAW SUIT.

MONEY LEFT FOR WIDOW.

AMOUNT NOT FULLY' PAID.

AGENT'S CLAIM SUCCEEDS.

The action for the recovery of money, in which a number- of Chinese are concerned, was concluded before Mr. Justice Stringer in the Supreme Court yesterday. John William Walsh (Mr. Anderson), an agent, of Hamilton, sued Wah Lee (Mr. Dickson), merchants, of Auckland, to recover £443 lis sd, being balance of money left by a Chinese, Wong How Chee, for transmission by Walsh to Wong How Chee's widow and son, in China. Defendants denied liability and alternatively contended that the money in question had been handed by them to the next of kin in New Zealand, Wong Bak Sheung (Mr. Munro), who was to send it to China.

Mr. Dickson said he had- been instructed that the Chinese Masonic Society, which, at the outset had been interested in proportioning the money between Wong How Chee's estate and his partner, Wong Wai, had held a meeting on Sunday to see if the case could be settled out of Court. Counsel had been instructed to ask for an adjournment.

Mr. Anderson opposed the application, saying there had been ample opportunity to inform him and he had only heard of it that morning. Mr. Dickson then suggested calling fresh evidence. His Honor refused the application, saying it was not reasonable, and wou'd be a very dangerous practice to adopv If might lead to false evidence. Possibility of New Trial. Mr. Dickson asked that his application be noted, in case he applied for a new trial. Kuk Yen, a partner with Dang Yen in the firtm of Wah Lee, who had been too ill to attend earlier, gave evidence to the effect that on October 11, 1920, Wong Bak Sheung asked him to receive the money. Witness had no instructions as to what to do with it, but as he received it from Wong Bak Sheung, he was to pay it back to him. Wong Bak Sheung s;«id the money was to be sent to deceased's widow. When Wong Bak Sheung applied to witness for money he always said he was' going to send it to the widow. Mr. Dickson said that Wah Lee acted purely as bankers for the purpose of handling the money at the dictation of Wong Bak Sheung. If they accepted Wong Bak Sheung's story, that man had stolen some of the money. Books had been kept showing the money paid to Wong Bak Sheung. Counsel submitted that the Chinese were particularly scrupulous .in their dealings.

Liability of Defendants. His Honor, in delivering judgment, said he was of opinion defendants had not established their case. In the circumstances the onus of proof was on defendants. This was a caso in which a principal, Walsh, had handed over to defendants, his agents, certain (moneys to be disposed of according to his direction. Walsh had acted on authority given by the deceased and had acted in good faith. The meeting of the Chinese Masonic Society found that deceased was entitled to £633 lis sd. Walsh handed over _ a cheque for £1025 16s lOd, payable to \\ah Lee on order, and he stated that he gave instructions to Wall Leo to carry out the decision ,of the Masonic Society. His Honor believed that to be true and in accordance with the facts. He would hold that Wall Lee had undertaken to distribute the money in accordance with the decision of the society, and after payment of the amount due to Wong Wai, the balance should have been sent to the widow in China, who was the person legally entitled to it. Review of the Defence.

. Defendants had set up the defence that, the arrangement was that, they should pay the money to Wong Bak-Sheung and that he was to send it to China. Wall Lee had received the money and they must have received it under some mandate. The widow had received £190 and the balance was £443 lis 6d,. and for that Wah Leo must account. His Honor referred to two sums, £91 4s 8d and £69 10s, which were set forth in the accounts as due to Wah Lee from deceased, and said that if 'defendants could establish those items Walsh would bo responsible for them. Mr. Anderson had undertaken that the money would be retained for a reasonable time, so that Wah, Lee could bring an action against Walsh to establish that claim. His Honor thought Wong Bak Sheung had nothing to do with the matter and he could not take into consideration any payment made to him. Nor was he prepared to accept the letter which Wong Bak Sheung alleged was from the widow in China acknowledging receipt of money. Ho placed no reliance on Wong Bak' Sheung's evidence. . . . Judgment would bo given for plaintiff for £443 lis sd, with interest at 6 per cent., as from October 11, 1920, with costs. His Honor allowed leave to apply for a variation of the judgment in respect of the interest.