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Colonial Cases

Schmidt v. Dallas, 1860

[sale of goods]

Schmidt v. Dallas

Consular Court, Shanghai
1860
Source: The North-China Herald, 31 March 1860

 

H.M. CONSULAR COURT, SHANGHAI.

26th March, 1860.

EDWARD SCHMIDT v. BARNES DALLAS.

Before T. T. MEADOWS, Esq., H.M. Consul,

J. L. MACLEAN, Esq., G. W. COUTTS, Esq., Assessors.

PLAINTIFF. - I claim a certain number of Horses of which Defendant has unlawfully obtained possession.  I made a contract with a Chinaman for 100 Horses of which the man brought down 50, but rook them to the English Consulate instead of bringing them to me.  I wrote to Mr. Dallas on the subject whilst the Chinaman was delivering the Ponies but Mr. D. refused to give them up.

Defendant, being duly sworn states: - I made a contract with Akong, a Ningpo man, on the 3d February last, (handed in, handed also Chinese receipt for money advanced).  The contract is signed by Akung and Awaun.  The contract was made on the date within, and the order was given the same day.  About the 16th March, Akong arrived and informed me that a large number of ponies was coming to me.  I continually heard of them three days before they came, and he now came and told me they were on the road, and borrowed a pony to go and meet them; he is a Ningpo man formerly Mr. Booker's horse-boy.  The ponies generally are accompanied by a Shanghai man.  A little before six they arrived, and came over Wills' bridge, they were taken at once top the consulate, were curried, fed, and stabled.  During the night some escaped, and were driven into the passage in front of the old Jail.  Whilst catching them a Frenchman came and saw me there.  He afterwards brought me a letter from Mr. Schmidt.  There were 5 or 6 Shantung men of whom I recognized one.

Cross-examined. - I paid $600 on date of contract, and did not immediately pay any more until I received money, on account of the Commissariat, from H.M. Consul.  That was 2 or 3 days after the ponies arrived.

JUDGMENT.

That the allegation in the Plaint is not proven, and that the Plaintiff pay the costs of the suit.

THOS. TAYLOR MEADOWS, Consul.

We assent to the above.  JNO. L. MACLEAN, GEO.  W. COUTTS.

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