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Colonial Cases

Tong Fat v. British and Maritime Insurance Company, 1864

[insurance, loss of opium]

Tong Fat v. British and Maritime Insurance Company

Consular Court, Shanghai
1864
Source: The North-China Herald, 13 August 1864

 

SUMMARY OF THE WEEK.

Public interest has been concentrated in a case which has occupied the attention of H.B.M. Consul since the 5th inst.  Tong Fat, a Fuhkien man who has been engaged in the opium trade in Shanghai, claims Taels 14,000 from the British and Foreign Maritime Insurance Company, on a policy of insurance on goods lost by the sinking of a schooner outside the bar at Newchwang.  The evidence brought by the plaintiff's counsel will be found published elsewhere, the extreme length of the case compelling us to hold over the evidence for the defence until next Saturday.  The case was closed at 11 a.m. this day, but judgment has not yet been pronounced.

The defendants endeavoured to prove that the vessel was intentionally lost with the knowledge and consent of the plaintiff, and that the cargo which was supposed to have been opium, had been tampered with, and replaced by boxes containing rubbish of different descriptions.  However easy it may be to shew that a swindle on the company has been attempted by some one, we imagine that there will be considerable difficulty in proving the plaintiff's complicity.  [For Court proceedings see 13 and 20 August, not yet transcribed.]

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