THE JOLY CASE was brought by Mrs Joly in her capacity as executrix of Joly's Will, of which she was also the principal beneficiary. The action was brought in the Supreme Court because the defendant insurance company's local agents, who had dealt with the Joly's application, were based in Shanghai. Otherwise, the amount at issue was so large that, even if the correct jurisdiction had been a Court in Korea, the case should properly have been transferred to be heard by the Supreme Court under its original extraordinary jurisdiction.

I examine the case partly because it highlights many of the aspects of litigation in the British courts in East Asia and partly because the case adds to our knowledge of day to day life of expatriates in Korea at that time. Although the case was not brought before the Courts in Korea, it involved a plaintiff, Mrs Joly, who lived in Korea and was the executrix of the will of her husband who had died in post as Vice-Consul at Chemulpo. Mrs Joly and three other witnesses were all resident in Korea.

The background is that, in January 1898 shortly after arriving in Chemulpo, Joly applied to Sun Life for a 15 year life insurance policy in the amount of ￡2,500 at an annual premium of ￡146/4/6 (or ￡146.22). Together with his completed Application Form, Joly paid an initial half year's premium of ￡76: this was just over half the annual premium as Sun Life increased the premium to reflect the inconvenience of receiving two semi-annual payments instead of a single annual premium. In return, Sun Life's Shanghai agents, on behalf of Sun Life, issued Joly an Interim Receipt on 4 February 1898 in which Sun Life agreed to cover his life for six months pending its Head Office's consideration of the risks with a view to granting a 15 year policy. When Joly died, within the six-month period, at Chemulpo on 23 June 1898, Mrs Joly proved his Will in the Chemulpo Court and Probate was granted to her on 14 July 1898.