402  APPENDIX  B
Defendant  said  the  Tls.  1,700  had  been  spent  in  meeting
expenses  of  liquidation  of  Chinese  debts  in  Changsha.  There
was  still  a  small  balance  which  he  had  been  using  to  pay  his
expenses  in  Shanghai  since  March.
Mr.  Jones  and  Mr.  Symonds  then  briefly  addressed  his  Lordship ­
  on  the  case.

Judgment
His  Lordship  proceeded  to  deliver  judgment  as  follows
The  dispute  in  this  case  has  arisen  out  of  an  enterprise  undertaken ­
  by  the  parties  on  the  opening  of  the  port—I  call  it  a  port
so  as  not  to  use  a  compromising  word  with  regard  to  the  city,
or  fu,  or  whatever  it  might  have  been—of  Changsha,  for  foreign
trade.  Up  to  this  time,  or  immediately  preceding  this  time,
the  parties  were  carrying  on  business  at  Hankow.  The  plaintiff
thought  there  might  be  an  opening  and  he  went  up  to  Changsha
to  look  about  him,  and  in  consequence  of  his  negotiations  there
he  thought  an  opportunity  occurred  of  starting  a  business,  and
he  in  consequence  communicated  with  the  firm  of  Bennertz  &amp;
Esternau,  with  whom  he  appears  to  have  been  in  communication,
in  Hankow.  The  details  of  what  happened  do  not  seem  to  me  to
very  much  affect  the  matter,  but  the  result  of  it  all  was  that
the  plaintiff  remained  in  Changsha  and  the  defendant  came  up,
and  they  did  in  fact  start  business.  But  previous  to  that  certain
negotiations  were  entered  into  and  a  company  was  sketched.  *
think  that  is  about  all  that  happened  as  regards  that  company-It
  was  sketched  out,  and  certain  steps  no  doubt  were  taken  to  mj
in  the  details  of  the  sketch,  but  I  do  not  think  they  ever  amounted
to  enough  to  give  that  company  any  real  consistency.  Th e
consequence  is  that  where  I  find  a  reference  to  the  action  of  the
company  in  Changsha  I  look  upon  it  as  simply  indicating  the
business  to  be  carried  on  by  these  people  in  the  company,  and
who  were  realities,  and  who  continued  to  be  connected  with  the
trade  name.  There  were  certain  Chinese,  but  they  one  after
another  fell  out,  and  in  the  end  the  two  parties  to  this  action
were  the  only  two  people  who  can  be  described  as  people  having
anything  to  do  with  this  company,  and  they  do  appear  to  have
carried  on  business  under  the  name  of  Bennertz  &amp;  Co.  and  the
Chinese  hong  name  of  Yu  Hung-tih.  That  is  the  name  which
continued  throughout,  and  it  appears  to  exist  still.  Difficulties
arose,  and  I  do  not  see  that  it  makes  any  difference  to  the  presen
action  as  to  whether  these  difficulties  arose  through  the  nature  0
things  or  from  personal  objection  to  the  defendant  on  the  p ar
of  the  Chinese,  as  suggested  by  the  plaintiff.  From  whateve