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Colonial Cases

Lushun Railway Co. v. Goehler, 1919

[railway contract]

Lushun Railway Co. v. Goehler

Supreme Court of China and Japan
1919
Source: The Shanghai Gazette, 3 November 1919

 

Civil Suit Against Mr. Goehler.

Money That Had Been Given to Build a Railway.

   The Lushun Railway Co., who some weeks ago had brought a criminal action against Mrs. M. Goehler for embezzlement (which, however, was promptly dropped) have in the mean time commenced a civil action against Mr. M. Goehler for the repayment of Tls. 9,000 which, according to the writ, was paid to him, or to defendant's wife on his behalf, here in Shanghai, for the purpose of constructing a railway and purchasing machinery under an agreement dated December 19, 1918; the writ also added the statement that the defendant had converted this money to his own use.  To-day was the return day at H.B.M. Supreme Court.

   Mr. Master, appearing for the plaintiff, stated that he would request an adjournment, as one of the plaintiffs was about to proceed to the place where he knew the defendant was with a view of effecting a settlement.

   His Honour, Mr. Skinner Turner, on noting that there was no appearance for the defendant, stated that he would have no objection to granting an adjournment of the return day; the only difficulty he had was that the defendant might not hear of it; so he would make a formal order that notice of this adjournment would be served in the same way as the writ was served - namely, upon his wife.

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