Chin Share Wing v. California Bank

DRAPEAU, J., pro tem. In February of 1941 the defendant bank issued and delivered to three Chinese, drafts on Hong Kong, China, for value paid to the bank. The Chinese kept the drafts until November, 1941, when they were endorsed and delivered back to the defendant. The Chinese alleged that this latter transaction was a parol sale to the defendant; the defendant alleged that it took the drafts for collection. The business under consideration was conducted for the bank by a Chinese teller, and the conversations between him and the other Chinese were in the Chinese language.

Upon delivery of the drafts, the bank transferred them to American Express Company for collection. Then Japan attacked the United States and war ensued between Great Britain and Japan; later Hong Kong fell to the Japanese, and the drafts became unpresentable and uncollectible, at least for the duration of the war. American Express Company on a stipulated judgment recovered from the defendant in the present action, leaving the issue above stated to be tried as between the Chinese and the bank. The action is brought in the name of only one plaintiff because of assignments to him by the other two.

The trial court found that the drafts were purchased by the bank for the plaintiffs, and judgment was rendered accordingly. Therefore, all that this court is required to do is to ascertain whether or not there is any substantial evidence which will support the findings and ■ judgment. The three Chinese, holders of the drafts, each testified that the transaction was a purchase, and was not for' collection only. The [854]Chinese teller admitted that in his talk with the other Chinese the words in the Chinese language used by the parties were “purchase” and “sale,” and that Chinese words denoting “collection” were not used.

The most serious question in the ease is the effect of receipts issued for the drafts by the bank to the Chinese in which the following recital appears: “all these drafts are subject for final payment.” But the receipts were not the only evidence presented to the trial court. Whatever the effect thereof, standing alone, may have been, when considered along with the other testimony in the case, the receipts are not conclusive upon the issues involved. (California Packers Co. v. Merritt Fruit Co., 6 Cal.App. 507, 511 [92 P. 509]; Hiroshima v. Bank of Italy, 78 Cal.App. 362 [248 P. 947]; Greer v. Los Angeles Athletic Club, 84 Cal.App. 272, 276 [258 P. 155].) Therefore, it appears that there is substantial evidence supporting the judgment, making it necessary, as a matter of law, that it be affirmed by his court. (Waer v. Waer, 189 Cal. 178, 180 [207 P. 891]; Estate of Winzeler, 42 Cal.App.2d 246, 248 [108 P.2d 720]; Whitcomb v. Emerson, 46 Cal.App.2d 263, 270 [115 P.2d 892].)