4o6  APPENDIX  B
it  is  proved  that  this  amount  for  provisions  is  a  purely  personal
debt  in  no  way  connected  with  the  company,  it  ought  not  to  be
set  off  against  the  Tls.25,000  ;  but  at  the  same  time  from  what
I  can  see,  and  in  looking  at  the  contents  of  the  agreement  and
the  way  in  which  the  business  was  carried  on,  the  Tls.25,000
was  meant  to  cover  Tsau’s  debt.  Still,  at  the  same  time,  I  do
not  think  I  have  anything  before  me  which  would  make  me  say
definitely  whether  it  ought  to  be  paid.  I  have  given  my  direction,
and  I  think  that  the  outstanding  points  may  be  so  reduced  that
I  can  come  to  a  conclusion  very  shortly.
Mr.  Symonds,  on  behalf  of  his  client,  said  he  would  be  pleased
to  refer  the  matters  of  account  to  his  Lordship.
His  Lordship—You  will  have  to  get  the  accounts  in  order
first.  In  my  judgment,  I  really  say  what  is  wanted  is  that  Mr.
Bennertz  should  show  how  the  Tls.25,000  has  been  spent,  and
if  he  has  gone  beyond  that  to  pay  the  debts  of  the  firm,  he
will  have  to  show  that  the  Tls.5,200  has  been  expended  on  the
remaining  debts  of  the  partnership.
Mr.  Jones  asked  his  Lordship  if  he  would  deal  with  the
question  of  costs  at  this  time.
His  Lordship—I  will  deal  with  that  when  I  deal  with  the
accounts.  If  I  find  the  money  substantially  misapplied  by
Mr.  Bennertz,  he  will  have  to  pay  costs  ;  but  on  the  other  hand,
if  the  inquiry  was  uselessly  raised,  it  will  be  the  other  way.
His  Lordship  then  rose.
Shanghai,  December  3,  1906
Before  Mr.  F.  S.  A.  Bourne,  Assistant  Judge
Diederichsen  Jebsen  &amp;  Co.  V.  The  Chinese  Engineering
and  Mining  Co.,  Ltd.
Mr.  J.  H.  Teesdale  appeared  for  the  plaintiffs  and  Mr.  A.  S.  P*
White-Cooper  for  the  defendants.  Mr.  Loftus  E.  Jones  watched
the  case  on  behalf  of  the  Holland  China  Trading  Company,
interested  parties.
Mr.  Teesdale  said  that  his  Lordship  was  not  sitting  when
counsel  made  his  application,  last  Saturday  week,  for  an  injunction ­
  restraining  the  defendant  company  from  parting  with  the
possession  of  certain  cargo  stored  at  their  wharf  and  of  the  shipping
documents  relating  to  it.  The  injunction  was  granted,  and
counsel  now  merely  made  application  for  pleadings.  The  case
would  probably  be  rather  complicated,  and  several  legal  points
were  likely  to  be  involved.  It  was  possible  that  evidence  would
have  to  be  given  on  questions  of  law—not  necessarily  British