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Colonial Cases

Kofod v. Barker, 1864

[leases]

Kofod v. Barker

Barker v. Kofod

Consular Court, Shanghai
25 July 1864
Source: The North-China Herald, 30 July 1864

 

H.B.M. CONSULAR COURT.

SHANGHAI, July 25th, 1864.

The following cases were brought on for trial yesterday, before Sir Harry Parkes; but a compromise was effected, of which particulars are appended.

C. R. KOFOD v. C. B. BARKER.

Plaintiff claimed 1st, 1,700 Tls. For amount of penalty for breach of agreement regarding lease of a house; also, 2ndly, 283 Tls. For two months rent of said house, and 3rd, 600 Tls. For property removed from and property damaged in it.

C. B. BARKER v. C. E. KOFOD.

Plaintiff complained that Defendant, on the 10th June, illegally seized all the furniture in his house situated in Broadway, Hong-que, and required him to deliver up the said furniture and house, &c., as well as certain accounts left there by plaintiff.  Plaintiff therefore claimed from defendant as damages, the sum of Tls. 6,000.

The following are the terms, on which the compromise was effected.

1st. - Household furniture, &c., to be retained by Kofod until payment of rent for two months and a discharge of his liability incurred for $500 for Barker.

2nd. - Goods, &c., to be restored to Barker with net profits of business up to this date; he paying the bills.

3rd. - The lease and bill of sale from Barker to Kofod to be cancelled from this date.

4th. - Upon performance of agreement in ten days, Barker's notes for Tls. 1,700 and $250 handed into Court, to be cancelled and delivered over to him.

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