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Colonial Cases

Calice v. Baker, 1875

[debt recovery]

Calice v. Baker

Civil Summary Court, Shanghai
16 March 1875
Source: The North China Herald, 18 March 1875



Shanghai, March 16th, 1875


Claim $116.75 on a Judgment Summons.

   Mr. Haas appeared on behalf of plaintiff (deceased), and said that defendant was summoned in order to ascertain if he had any means of discharging the debt.

   Defendant averred that the money had been paid by Messrs. Cheshire & Co., at the time the execution was taken out.

   The record of the case having been produced, it appeared that the constable who had the warrant to execute, had returned it into Court with the endorsement that he had made due and diligent search but could find no sufficient goods of the said J. Barker to levy the execution on.

   Defendant being sworn stated - I am not in a position to pay now.  I am certain that the money was paid by Messrs. Cheshire & Co. for me.  I have not received any wages.  I cannot tell until then oyster season is over, which will be at the latter end of next month, when I shall have my means.  I am employed by Mr. Minck.  He said that he would give me something then.  My name never appeared over the door.  I am only manager of the Oyster and Supper Saloon. Everything in the house belongs to Mr.  Minck.  I commenced in November last.  I believe he is satisfied with my management.

   His WORSHIP ordered the defendant to report at the court a month hence, as to his means and prospects of being able to pay the claim, cautioning the defendant that if any of his statements were found to be false, he was liable to punishment.

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