A CHINESE PUZZLE.
SEQUEL TO A BANKRUPTCY. THE 'WAYS OF THE CHINKSE. Nearly the whole morning was occupied at the Supreme Court yesterday in a ca-e -which involved the sum of ;C27 los lying at the Bank of Australasia, Manaia. His Honor Mr. Justice Edwards presided. The case was the outcome of the bankruptcy of a Chinese fruiterer named Lue 'Moon 1.-un, and, among other things, it served to show the ease with which the Celestials can change their names to suit circumstances, many of the witnesses having three or four names. Mr. Ah Chang, the sole creditor in
the bankruptcy, for whom Mr. A. H. Johnstone appeared, sought for an order that the £27 15s should be handed over to the assignee as part of the assets and that in the event of it being held
a partnership existed some portion of the partnership assets should be handed over also, or il it were held that bankrupt was an employee some portion of his wages should be set aside.
Mr. D. Hutchen appeared for the defendant, -whose defence was that the money was held in trust, having been sent by his brother-in-law at Pahiatua for defendant to transmit to his brother at Tahiti as passage money to China. Mr.' TSudge, Official Assignee, deposed that bankrupt in February. 15115, in his sworn statement stated that he received C2 per week wages and found. There were no tangible assets in the estate and no dividend was paid. To Mr. Hutchen: The claim was €132 l!!s Sd less a contra account of .Cll 14s fid.
All Chang, merchant, of Wellington, the sole creditor, was sworn in tho usual wav, and in cross-examination by Mr. Hntchen lie admitted that the debt was incurred in -Masterton in I MO. Defendant had since reduced the debt by working for witness at Manaia. where lie left -witness and went into business on s own account. Witness had failed in judu'inent summons proceedings before the bankruptcy. hue day, Chinese interpreter, of Wellington, gave evidence that about August. 1914, defendant in the course of conversation with witness said be would rather throw the monev away than p.rv Ah Chang. Defendant 'also said that he was doing very well in business, hi't wouid sov that lie was working on wages for hue Tin Kit. who owned the business. To Mr. ITiilclien: Defendant told him that he was in partnership with hn-> ;n Kit. Mr. TTntchen hero hand"J witness some
letters -with certificated translations from the Secretary to the Chinese Consul. The interpreter had considerable trouble in interpreting thorn, remarking that lie could not interpret wriiiiv.', but finally agreed that they rospc'ih'ov notified the forwarding of Co, £0 and CIS io defendant from his brother-in-law at Pahiatun, to be forwarded to another brother in Tahiti, as passage money for the latter to China.
Mr. H. C. M. McTvor, manager of the Bank of Australasia at Manaia, deposed that bankrupt had opened an account in .August, ]f>.l3, and'in January. KIM. he opened a second private account both in the name of Daniel Louis, and there was still £27 los standing to the credit of the latter account. Tu October, 1!)13, a further account was opened in the name of Daniel houis and Co., the partners being Laniel houis and James houis, the latter being hue Tin Kit. Since October, 1(114, cither niirtv operated the account. The day after the bankruptcy defendant drew a cheque for .€lB on the account in credit, but payment was refused. Bankrupt had told "witness that he was Daniel Louis.
The bankrupt Lup Moon Lira required flic services of an interpreter, and Mr. Chew Chong acted. After witness had been sworn in the Cliinese fashion by blowing out a lighted match, it was found that tlie interpreter was very deaf. Witness accordingly did without an Interpreter, and understood the. questions exceedingly well. lie deposed to receiving C2B in three instalments from ]iis brother-in-law at Pahialua for transmission to his brother at Tahiti. Tie paid the money into the bank, though not at the time it was received. To His Honor: When he started business he was working for Daniel Louis, who was Luc Tin Kit. Tic had authority from his employer to use the name of Daniel Louis in signing cheques. Mr. 'McTvor was here questioned, and he stated that the bankrupt had fold him his own name was Daniel Louis, and be added to witness: t's no gnod vou changing vour name every five minutes." His Honor pointed out that the money hud heen placed in an account, wliich hail been treated as a current account. To His Honor: Witness said that his brotiier-in-law, a gardener in Pnliiafna, did not know how to send the mone.v to Tahiti.
His TTonor: Do, you expect me to be lioie tliis nonsense?
Jn reply to 'Vb:. Johnstone, he stated that he iiad not told ,Mr. Mclvor that he'was in partnership with T.ue Tin Kit. While working lor the latter the business paid. lie did not know that lie had lost JJ'27O while working for Ah Chang.
Shan Wat On, a market gardener at i'ahiatua. and brother-in-law of she plaintiff, ivhen asked if he understood Knglish gazed stolidly at the Bench, and did: not appear to understand several ([ltc-thiiis put to him bv the Judge, who asked how he sold his' vegetables. T.ue Jay, ,i witness for the plaintiff, was press, d into service, and "witness gave evidence to the effect that lie, had'sent bankrupt the three instalments as stilted to forward to his brother, Lue 'Moon Hun at Tahiti for passage money to China, lie recognised the letters produced.
Ilis Honor said, he did not place [ y reliance on the letters. l'n cross-examination, Mr. Johnstone
asked: How inuchec you send for passage to China V Witness, who appeared to be caught off his guard, said in fair Knglish C2S. He also said that Lue Moon Lun was now in China. He could not say why he had not: sent tin; money direct to Lue Moon Lull. His Honor took wilne-s in band and the intei-pivlter was again culled, on. In reply, witness said fhat ''Lue Moon Sun end no address fo him." His "Honor: Tell him if lie does not
answer I he question I'll punish him. Witness then slid he understood more nev would lie wanted than he sent. His Honoi: Of course T don't, believe "Lue Till Kit depo-e.l fhat his business
eon-in, and wrote from Manaia. asl;iii<>; wiuie-s for a job. Witne-s was too llnsv to come up from Wellington, so lie i; hid l."e 'Moon lain to lea-v a shoo f i- liiiii. lie ao-poini, d him liiaiir.-.eV ai |.er wed:. Ikinkrupt liad aiilkerilv to mem wiiues-.'s name to the lease and. to :-i:;n choipies a■< 1). I.ouis. Xiuo-, came later and took charce ai, Mu- To .Mr. .loliii-do.-.e: Witney v/:is Tai. .Mi Cham; laid three name's al-o. His Honor here tcvafme-! witne-s Willi iniori'-onment to ;>ivo hiiu tunc t.u us I). I.ouis. l!an;-ruot's wae.es were paid mil of cash, Aits Hie bankruptcy wiine--s siened as ).ue Tin Kit bemuse iiie liiinkniiitev spoil,'- his name. Hi-. Honor, 'in civil,: jud-mmt, said there uus n? '.!'.'"'>t ,c was a case of
fraud on bankrupt's part. He held that the money was the property of bankrupt and must pass to the assignee as an asset. lie also made an order for bunkriq.t to pay .Clo before the expiration of three months to the assignee.  Taranaki Daily News, Volume LVII, Issue 293, 20 May 1915, Page 7  http://paperspast.natlib.govt.nz/cgi-bin/paperspast?a=d&d=TDN19150520.2.37&cl=search&srpos=4&e=-------100-TDN-1----0chong+manaia--&st=1