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Colonial Cases

Mills v. Daly, 1870

[promissory note]

Mills v. Daly

Supreme Court of China and Japan
20 June 1870
Source: The North-China Herald, 23 June 1870

 

LAW REPORTS.

SUPREME COURT.

Before G. JAMIESON, Esq.

June 20th.

MILLS v. J. DALY.

Claim of $46 on a promissory note.

   Defendant acknowledged the debt, but had no means of paying for it.  It was for board.  Defendant had been five months in Shanghai, and during that time failed to get even a day's employment.  He had now shipped as a seaman.  He had no advance of wages made to him.

   Plaintiff said Daly had given, when he asked for board, Mr. G. Smith as security.  Plaintiff had not referred to Mr. Smith till the other day, when he was told that no such permission was given.  Defendant had also said he had come out to settle up the business of a brother; and that Mr. Smith had money sent to him on account of defendant by this brother.  This money, he believed, had been expended foolishly.

   Defendant begged to say it had not.  He had required to live on it 3 ½ months before he boarded at Mr. Mills'. He could only say that he would redeem his note when he was able.

   His Worship said judgment would, of course, be entered for plaintiff.

   Plaintiff then handed the promissory note, which he had brought forward as evidence of his claim, to the defendant, with the remark "take it, take it, that's your independence," and after some slight demur, defendant took the quittance thus generously offered him.

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