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Colonial Cases

Raphael v. Benjamin, 1878

[balance of accounts]

Raphael v. Benjamin

Supreme Court for China and Japan
Mowat D.C.J., 8 October 1878
Source: The North China Herald, 17 October 1878

 

LAW REPORTS.

H.M.'s SUPREME COURT.

8th October.

Before R. A. MOWAT, Esq., Deputy Chief Judge.

RAPHAEL SIDKER RAPHAEL v. BENJAMIN DAVID BENJAMIN.

   Mr. WAINEWRIGHT appeared for the plaintiff.

   MR. RENNIE appeared for the defendant.

   Plaintiff asked that an account might be taken of his dealings and transactions with defendant since July, 1877, under the direction of the Court, and that any balance to him should be handed over to him by the defendant.

   The petition set forth that the plaintiff and defendant, who are both merchants, had been until recently on terms of friendship and intimacy, and although not partners they had undertaken from time to time business operations on joint account.  Plaintiff alleged that he had furnished money to the defendant, who had also received money on the plaintiff's account and at present held some share certificates belonging to him; plaintiff at divers times had also lent money to the defendant and paid money on his account at his request, and plaintiff alleged that defendant was now indebted to him.

   In June, 1877, plaintiff went to Bombay, and at the time of his departure a settlement of accounts was come to between him and the defendant, but since that time no settlement had been come to, although plaintiff and defendant had each made out separate statements, but they differed so materially that there was no prospect of their ever being able to agree, and in consequence plaintiff prayed that an account might be taken of their dealings and transactions under the direction of the Court.

   Defendant, in the course of his answer, denied that the plaintiff had ever lent him money, and asserted that a settlement of accounts had been come to between them up to 31st December, 1877.  He denied that he owed the plaintiff any money, and on the other hand alleged that the plaintiff was largely indebted to him, and that he held certain shares in the Shanghai Steam Navigation Company as security.  While denying the necessity for a statement of accounts to be made out under the direction of the Court, he offered no objection to the order asked for being granted.

   His LORDSHIP made an order for an account of the dealings and transactions of the parties to be taken from July, 1877, by Messrs. Corner and Buchanan, who should report to the Court.  The question of costs was to stand over, each party being required to deposit in Court an estimated amount to pay the fees of the accountants.

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