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Colonial Cases

Adamson v. Kinkee, 1866

[civil procedure]

Adamson v. Kinkee

Mixed Court, Shanghai
Source: The North-China Herald, 13 October 1866




Messrs. ADAMSON & Co. v. KINKEE.

   Mr. RENNIE appeared in this case - which was an application for a re-hearing - for the defendant.

   The learned Counsel founded his claim on the circumstance of his client not having had sufficient notice, and so having been unable to produce evidence that would have influenced the decision of the Court on the previous occasion.

   THE COURT. - The case was decided on proof in the possession of the Consulate, and a document signed by Kinkee himself, acknowledging a debt of Tls. 30,000 to Messrs. Adamson & Co.

   KINKEE was called.  A copy of the document was handed to him, and he admitted having signed it.  He said he was promised Tls. 50,000 to go into the interior and bring Tea, and for that consideration signed it.  He had never received the Tls. 50,0000, nor any portion of it.  He was arrested some time back at the instance of Messrs. Dent & Co. for Tls. 45,000.  He was got out by Messrs. Adamson & Co., that he might go into the interior and buy Tea.  He had paid Tls. 45,000 to Messrs. Adamson & Co.  Messrs. Adamson & Co. owed him money when they paid the Tls. 45,000 for him.  He had not paid Messrs. Dent & Co. any money.  He had paid Messrs. A. & Co. interest three times - Tls. 3,600, Tls. 1,800 and Tls. 1,800.  He was paid money to go into the interior, but was unable to go owing to the rebels, and had paid interest on this money.

   The Court saw no reason for altering its previous judgment - Kinkee could bring a claim for all he had advanced to Messrs. Adamson & Co.  There were many cross transactions between the parties, and judgment would be stayed until Monday, to give Kinkee an opportunity of filing a plaint in the Supreme Court.

   Mr. RENNIE - Will the Court grant an appeal to the Taotai and the Consul?

   THE COURT. - Kinkee has only to apply to the Taotai, and pending such application proceedings will be stayed.

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