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Colonial Cases

Nicolle v. Harris, 1871

[partnership]

Nicolle v. Harris

Supreme Court of China and Japan
22 November 1871
Source: The North-China Herald, 29 November 1871

 

LAW REPORTS.

H.M. SUPREME COURT.

Shanghai, November 22nd.

Before R. A. MOWAT, Esq.

  1. P. NICOLLE v. JOSEPH HARRIS.

Claim for $190.

   The plaintiff, sworn, stated that he was originally proprietor of the Crown and Anchor Tavern in the French Concession.  In 1870 he sold out to defendant for $700, on the understanding that if not paid within two months he was to have half share of the house.  Defendant paid up $400, but plaintiff did not claim the half share, leaving him to pay when he could.  Defendant paid by installments, $150, and for balance $250 he gave a note of hand, (handed in).  Since then defendant had paid $60 more.  The balance of $190 is now sued for.

   Defendant, sworn, stated that he considered plaintiff his partner, under the agreement made between them.  (Agreement handed in.)  It was signed on 16th October, 18760, and set out that plaintiff would not sue defendant for balance should it not be paid within the time stipulated, viz: two months from November, 1870, but that he should be admitted only as a partner.  On the 154th November defendant paid $50, and afterwards found the business was not remunerative. He then tried to get plaintiff to become his partner but without success.

   It appearing, however, that the original agreement (on which the defendant sought to rely) had been discharged by mutual consent, and a new one made between them in the terms of the note of hand, judgment was given for the plaintiff with costs.

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