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Colonial Cases

Civil Summary Court, 1870

[minor civil cases]

Civil Summary Court, Shanghai

Source: The North-China Herald, 25 January 1870



22nd January.

Before G. JAMIESON, Esq.

ALEX. DAVIS v.  ALEX. TAYLOR, "Sir Wm. Wallace."

Short delivery of coals Tls. 38.25.

Defendant admitted that delivery is short, but says it is not the custom of the port to claim for short delivery in the case of Coal and Coke.

Alex. Davis. I am holder of Bill of Lading marked (A).  I have given valuable consideration for it.  It purports to cover ninety eight tons of coal, and 11 Cwt.  Coke - delivery in Shanghai.  The Capt. has discharged the goods at Jardine, Matheson & Co.'s wharf.  I have not taken delivery.  I am informed there are 2 tons 11 cwt. Short.  The coal is worth Tls. 15 per ton.  I claim Tls. 38.25.  I have paid freight on tons 98 11 cwt. To Jardine, Matheson & Co.

Defendant stated the Coke had not been weighed when put on board.  Did not know how much was put on board; thinks there could not have been 98 tons.  He signed the B.L. on the word of the shippers.

Charles George. - I never knew a ship to deliver coals at Shanghai, but that they have run short.  I have never known any claim made against a ship for short delivery of this article. It is not the custom to do so.  The Vanguard [remainder of page blank.]

Source: The North-China Herald, 15 February 1870



8th February.

Rob. COWELL Coachman v.  GEO. BAKER, Astor House. - Claim for $45 wages.

R. Cowell. - I was coachman in Astor House.  I have been engaged for 19 months.  The agreement was that I was to get $20 a month, and board; no particular time was mentioned.  I have been paid by the month; paid up to 2nd February, I claim $45. - $30 for board and $20 for waged less $5 received on account.  I was dismissed on 2nd February.  Consider myself entitled to a month's notice or a month's pay.

Cross examined. - I did let Mr. Gudgeon have a basket trap on the 11th October.  You told me some time before I was not to let him have the dog cart.  I did not understand your order to be that he was never to have a basket trap.

Order for amount claimed with costs.


Shanghai, 10th Feb., 1870

Before G. JAMIESON, Esq.


Claim for clothes detained $80 - their value.

Defendant said he was willing to deliver up the clothes as soon as plaintiff produced some missing documents and gave him a satisfactory explanation of the state of the accounts.

Plaintiff denied having any of the missing documents and as to the accounts - he had been assaulted and driven away by Defendant, and was afraid to go back again.

Order to deliver up the clothes forthwith and pay costs.

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