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Colonial Cases

Slater v. Platt, 1859

[partnership - succession]

Slater v. Platt and Co.

Consular Court, Shanghai
1859
Source: The North-China Herald, 8 October 1859 

 

H.B.M. CONSULAR COURT, SHANGHAE.

CIVIL SIDE.

7th October 1859.

SLATER v. PLATT & Co.

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

Messrs. R. C. ANTROBUS, T. ROTHWELL, Assessors.

This was a case in which the Plaintiff George Slater of Bolton, England's, claimed the sum of £7.278. 13. 9 from the Defendants, Thomas Platt & Co. of Shanghae; part being money retained in Shanghai due by the said Thomas Platt & Co. to George Slater, as executor to James Slater, and the other part being money advanced in England to Thomas Platt, one of the partners of the said firm.

JAMES WHITLOW appeared as the Attorney of George Slater, the Plaintiff.

The DEFENDANTS were represented by Thomas Platt one of the partners in the firm of Thomas Platt & Co.

It appeared that James Slater had advanced a sum of money to the firm in which his son George Slater was a partner.  Thomas Platt had two thirds share, and George Slater one-third.  In 1857 the defendant went to England, and new articles of partnership were agreed to, by which a further sum of £5,000 was advanced by James Slater and the two partners were top have equal shares in the business.  The whole sum lent was £10,500 for the term of 7 years, no part to be returned until the expiration of that time.

There was a running account between the parties.  Net proceeds of consignments home being re-invested in shipments out.  Entries of profit or loss were made on the half and half principle.  Net proceeds of consignments from home were to be remitted at once.

After deliberation of the evidence produced, the Court decided that the Defendants should pay the sum of £1,371 1. 18., being the balance of the consignment account, with interest from the present time at the rate of 12 per cent per annum; but that the remainder of the plaintiff's claim viz: £5,906. 15. 9. will not be due by the firm of Thomas Platt & Co. until the 31st December, 1862.

Source: The North-China Herald, 8 October 1859 

H.B.M. CONSULAR COURT, SHANGHHAE.

CIVIL SIDE.

7th October 1859.

SLATER v. PLATT & Co.

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

Messrs. R. C. ANTROBUS, T. ROTHWELL, Assessors.

This was a case in which the Plaintiff George Slater of Bolton, England, claimed the sum of £7.278. 13. 9 from the Defendants, Thomas Platt & Co. of Shanghai; part being money retained in Shanghai due by the said Thomas Platt & Co. to George Slater, as executor to James Slater, and the other part being money advanced in England to Thomas Platt, one of the partners of the said firm.

JAMES WHITLOW appeared as the Attorney of George Slater, the Plaintiff.

The DEFENDANTS were represented by Thomas Platt one of the partners in the firm of Thomas Platt & Co.

It appeared that James Slater had advanced a sum of money to the firm in which his son George Slater was a partner.  Thomas Platt had two thirds share, and George Slater one-third.  In 1857 the defendant went to England, and new articles of partnership were agreed to, by which a further sum of £5,000 was advanced by James Slater and the two partners were top have equal shares in the business.  The whole sum lent was £10,500 for the term of y7 years, no part to be returned until the expiration of that time.

There was a running account between the parties.  Net proceeds of consignments home being re-invested in shipments out.  Entries of profit or loss were made on the half and half principle.  Net proceeds of consignments from home were to be remitted at once.

After deliberation of the evidence produced, the Court decided that the Defendants should pay the sum of £1,371 1. 18., being the balance of the consignment account, with interest from the present time at the rate of 12 per cent per annum; but that the remainder of the plaintiff's claim viz: £5,906. 15. 9. Will not be due by the firm of Thomas Platt & Co. until the 31st December, 1862.

 

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