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Correspondence from Mr. F. Covell (Withers & Co. Solicitors) to Gerald Yorke
Withers & Co. Howard House, 4 Arundel Street, Strand, London, W.C.2.
14th February 1935.
Dear Mr. Yorke,
The first meeting of Crowley's creditors was held to-day. I sent my Managing Clerk to attend the meeting for the purposes of ascertaining whether any mention was made with regard to the Action commenced against you and also to find out whether there were any assets in the estate.
I understand that Crowley's liabilities amounted to approximately £5000 and he has apparently informed the Official Receiver that he has a pending action against you which, assuming that he will be successful, will provide sufficient means to make his estate solvent. My clerk informed the Official Receiver that the action was commenced over two years ago and that nothing had been done since I entered an Appearance to the action on your behalf, and he intimated that you had a perfectly good Defence to the Action and if necessary would defend it. The Official Receiver invited any creditor to put up sufficient money to enable the action to proceed but nobody accepted the invitation.
You are actually entitled to apply to the Court to dismiss the action for want of prosecution but in view of the fact that you are unlikely to obtain the cost of doing this from Crowley, I think it better to leave the matter where it is.
Yours sincerely,
F. Covell
Gerald Yorke, Esq., c/o, Hongkong & Shanghai Bank. SHANGHAI
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