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Colonial Cases

Kin-Kee v. Estate of Beale, 1860

[sale of goods]

Kin-Kee v. Estate of T.C. Beale, deceased

Consular Court,Shanghai
1860

 

Source: The North-China Herald, 30th June 1860

CONSULAR COURT CASE.

KINKEE, versus, THE ESTATE OF T.  C. BEALE, DECEASED.

Judgment in this case has not been given, but we cannot any longer delay the publication of the Minutes, printed in a Supplement to our No. 515, June 9th, which we expected to have been able to issue in the week following.  It is now given with this number.

 

Source: The North-China Herald, 4 August 1860

BRITISH CONSULAR COURT.

BRITISH CONSULATE,

Shanghai, 30th July, 1860.

KIN-KEE versus THE ESTATE OF T. C. BEALE, DECEASED. 

The undersigned, Her Britannic majesty's Consul, hereby notifies the parties in the afore-mentioned cause that the following judgment is entered in the Record:-

JUDGMENT. -

1. That the plaintiff has failed to establish his claim to the difference between the prices, alleged by him to have been agreed upon, for the following eleven chops of tea and those which have been allowed to him by the defendant, viz: the Kin-ko, Kin yat, Kin mow, Kin hung, King yuen, Kin yu, Chun heang, King seng, Kin kut, Soey hing, and Tae kee chops.

2. That the plaintiff is entitled to the prices claimed by him on the Yu tae and the Yoh shing chops.

3. That the plaintiff is entitled to the prices claimed by him on the Hung chun and Fo kee chops.

4. That the Twenty thousand taels charged to the plaintiff on the 13th day of the 9th moon of the 7th Heen fung year shall remain charged against him in his accounts with the defendant.

5. That with reference to the teas stated by the plaintiff to have been bought by the defendant from Yen kung ands Assam, the said teas and the moneys paid for the same shall not appear in any way in the final accounts of the defendant with the plaintiff.

6. That the Nine thousand taels of Foon Ke's notes shall not be charged against the plaintiff in the defendant's accounts with him, and that the notes be returned to the defendant.

7. That, with reference to the Counter-claim, the arrangement come to by the parties during the sitting of the 9th instant, as entered in the minutes of that day and then read to the parties, shall form part of this Judgment.

8. That each party shall pay one-half of the Court costs and fees in this suit, and that each party shall bear his own costs and outlays connected with it.

THOS. TAYLOR MEADOWS, Her Majesty's Consul.

We assent to the above.  R. F. THORBURN, THOMAS HANBURY, W.  G. HOWELL, E. F. DUNCANSON, Assessors.

With reference to the seventh paragraph of the above judgment, and to the arrangements therein mentioned as having been come to by the parties, with the cognizance and sanction of the Court, on the 9th June last,  the undersigned further notified that a Commission of Chinese Accountants was, in accordance with that arrangement, duly named by the parties for the purpose of giving a final decision on the Counter-claim; but that the said Commission having failed to give any decision before the 26th June, the undersigned, in further accordance with the aforesaid arrangement, himself appointed an accountant to perform that duty, and whose report, dated the 289th instant, and which is to the following effect, now lies at the Judicial Office of this Consulate for the inspection of the parties, viz:

That, as concerns the Counter-claim, Kin-kee owes the estate of T. C. Beale deceased the sum of 64,228.6.6.9 Shanghai taels, less commission at 10 per cent.

THOS. TAYLOR MEADOWS, Her Majesty's Consul.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School