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Colonial Cases

Chartered Bank of India, Australia and China v Evans, 1869

[banking]

Chartered Bank of India, Australia and China v Evans

Judicial Committee of the Privy Council
1869
Source: The Times, 8 July, 1869

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, July 7.
(Present - Lord Justice Giffard, Sir J. Colville, Sir J. Napier, and Sir L. Peel.)
THE CHARTERED BANK OF INDIA, AUSTRALIA, AND CHINA v. EVANS AND ANOTHER.

  This was an appeal from the Supreme Court for China and Japan ordering the judgment of Her Majesty's Court at Hankow in favour of the appellants be reversed with costs, and that the respondents be paid 10,029 taels with other moneys, amounting to about 3,000 l.
  Sir Roundell Palmer and Mr. Joseph Browne, Q.C., were for the appellants; Mr. Field, Q.C., Mr. Arthur Charles and Mr. Myburgh for the respondents.
  The appellants were bankers, among other places, at Hankow, and the respondents the creditors' assignees of Mackellar and Co., who were merchants at Hankow, and claimed a sum of money in possession of the bank. The judgment was in favour of the bank, upon which there was an appeal to the Supreme Court, where additional evidence was allowed, and the decision of the Court below was reversed; the present appeal was to reverse the decision of the Supreme Court.
  Lord Justice Giffard said that their Lordships were of opinion that the judgment of the Supreme Court could not be sustained, and the present appeal must be allowed with costs.

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