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Colonial Cases

Olyphant v. Batchelder, 1871

 

[debt recovery]

Olyphant v. Batchelder

United States Consular Court, Yokohama
28 September 1871
Source: The North-China Herald, 28 October 1871

 

LAW REPORTS.

U.S. CONSULAR COURT.

YOKOHAMA, Sept. 28th, 1871.

Sept. 28th. - In the U.S. Consular Court. -

OLYPHANT and Co. v.  Capt. J. M. BATCHELDER.

   Mr. Marks appeared for plaintiffs, and said the case was a claim for 1,373 Taels, or an equivalent in Mexican dollars amounting to $1,716.98, being the balance of an amount due to his clients, on an agreement entered into by them with the defendant some time since, and which he had not yet settled.  He produced the agreement, and further stated that judgment had been obtained in this Court on a previous occasion. - Captain Batchelder in defence stated that he admitted the validity of the produced agreement, but the claim the plaintiffs had put in, namely Taels 1,373, was in excess of the amount he owed them, and he had been expecting a concession to be made on their part. - Mr. Marks stated that he thought it would be useless to occupy the Court's time any longer, the defendant had produced no evidence whatever to show that the claim was in excess of what it should be, he therefore prayed the Court for a verdict in accordance. - The Consul remarked that, as several documents connected with the case had to be looked over, he must reserve judgment. - Japan Mail.

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