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Price $1.40 per bottle
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A STOLEN WATCH.
SINGAPORE AUCTIONEER'S
SUICIDE
[China Mail SPECIAL.]
SINGAPORE, Sept. 4. Mr. J. H. K. Waring, & partner in the form of Waring and Roe, tioneers, has committed suicide.
MISSING SOLDIERS.
SUPPOSED DESERTERS,
Privates Gilbert Moon and William Pearson of the King's (Liverpool) Regiment, have absented themselves from the barracks since September 1, and are believed to hara deserted. The police have descriptions of the missing men.
HOUSEBOY JAILED.
PAWNBROKER REPRIMANDED.
the Orient
the courec of hia
AUCTIONEERS: SUED,
THE CHINA MAIL.
VERDICT FOR PLAINTIFF,
$10,000 DAMAGES AWARDED.
mer
TUESDAY, SEPTEMBER 5. 1942,
the fall of the auctioner's ham- obligation. Any informalities in the ALLEGED MANSLAUGHTER.
the vendor “ was bound
centract lost to the plaintiff which by a contract of rate (subject to con.
would render it unenforceable by ditions announced) whether the auc tioneer bad or bad not followed his action at low (it is claimed) may be instructions. This proposition was utilised by the defendanta in diminu considered by the Court of Appeal in tion or in annihilation of damages. MoManus v. Fortescue (L. R 1937.
GARAGE PROPRIETOR CHARGED.
REQUEL TO MOTOR CAR ACCIDENT,
COMPANY MEETINGS,
UNION INSURANCE SOCIETY OF CANTON LTD,
Extraordinary general meetings of The acting Pairns Judge (Mr. J. B.2 KB, 1). In that case it was hold The defendants had relied (the
the Union In uranen city of Wood) gave judgment in the Sam that, as at the auction, both parties Judge continued) on a paragraph in mary Court yesterday in an action in knew of the existence of a reserve Vice Chancellor Hall's judgment in Moon Garage, was yesterday after associated with it were held this Mr. Harry Kong, proprietor of the Canton Lid, and the companies Original Jurisdiction brought against price, though not of the amount of "Wast v. Jones" (1873, 24 W. R. 695) noon charged with (manslaughter, morning for the purpose of confirming | Mesere. Hughes and Hough, the reserve, every offer and acceptance
auctioneers, by Mr. Kwok Lai Ting, a during the auction Lad been con- as a statement of law applicable to before Mr. R. E. Lindsell, as the result the special resolutions passed on raerchant, residing at 25, Hing Lung ditional on that reserve price being the present case. Taken at its high of a fatal motor car accident at August 18 approving new articles. Strost.
reached: and that this condition est, this statement was an authority Whitfeld about noon on Angast 20. Plaintiff claimed damages-for breach of duty on the part of the de final bid as in the acknowledgment as where a contract had been made, oparated alike in the accaptance of the
for the following proposition; that: Defendant was driving car No. 258 fendants to siga plaintiff's name as in preliminary bids. The plaintiff which one contracting party, owing to in a deluge of rain when the accident were also present: the Hon Mr. A. O. purchaser to a contract for the sale had acquired no contractual rights the statutory defence, was unable to occurred. His car was tholant of four Lang and Mrs. G. M. Dodwell and and purchase of the steam tug and he had also been subject to no enforce by action, that party might passing through Whiteld is quick eno-G. M. Young (directors), the Hon. Mr. "Hercales," which was offered for sale misrepresentation. He had, therefore, not, in respect to that contract, obtain cesion, being priceded by two motor. Montague Ede (general manager) by defendanta se anotioneers on Mayno cause of action.
damages other than nominal damages
Mr. W. L. Patt adeo presided at the Union Issurance meeting and there
20th, 1921 and knocked down to AN EARLIER DECISION QUESTIONED. from the person through whose mis agcles and anoth r car. A witness for 403 the following shareholders:-
plaintiff as.highest bidder.
knocked down.
Alternatively, defendants brought inte Court the sum of $25, which was sufficient (they submitted) to satisly plaintiff's olaita.
Mr. O. G. Alabaster and Mr. Eldon
Auch G bid,
The Chairman said: Gentlemen: You will recollect
that on the 18th Augnet last the Re-
The Paisse Judge called attention In the alternativo, plaintiff claimed to criticisms by learned judges of the representation of authority te had the prosecution alleged that a four Messrs. P. Lander, L. F. Townerd, damages for breach of warranty that decision in the case of Rainbow . been induced to enter into the oop vehicles were travelling at an exceR. A. Dastur, A. H. K. Cobb, P. BÈ defendant had authority to sell the wkins, already cted. Lord Jus-tract. This proposition of law, in sive speed-quits 25 miles per hour. Hodgoo, A C. Hay, J. W. Alabaster, tug to plaintiff at the pries of $10,000 tice Flatcher bloulton caid, ' A print the Judge'n opluton, did not carry the The defendant's car is said to have W. R. Mansell, V. B. V. Ribeiro,
For the defence, it was contended cipal who gives authority to the ano- defendants far enough to defeat the that defendants were not authorised tioneer to sell subject to a reserve plaintiff's claim to substantial dam suddenly swerved to the left, and the V. L. dos Remedios and H. B. L. by their principals and were ander no price, gives no power to the auc
ages. In order to show that the deceased (a coolie) who was walking Dowbiggin duty to the plaintiff to sign a tioneer, either expressly or impliedly. Propis damages were nominal the in the side channel, was about to step memorandum of the contract of sals, to accept a less price. The case of defendants must begin from a point on to the footpath when he was or otherwite complete the sale at the Rainbow v. Boukins, so far as it is in- where the plaintiff had been warranted caught by the ear and thrown a-con price which the vessel was, in error,consistent with this view, cannot be contract and where, owing to aiderable distance by the force of the solu·íon you have just heard road was
regarded as in harmony with well failure of the warranty, he had re- established principles. It is admitted, ceived no contract at all. In his impact. The coolie who was rendered at an Extraordinary Queral Meeting in this case, that the price offered by opinion the defendants might not be unconscious, was taken to the hospital of Shareholders
of the Society the plaintiff was lower tuan the retical, contract in respect of which dont was unable to atop the ear has been convened for the purpose of board to contend that the hypothe where he died an hour later Delen-unsaimously pursed and this Masting serve pris. The auctioneer could not effectively accept
the plaintiff alleged that he bad Potter (instructed by Mr. G. G. N. becaus) be could not make a cauffered detriment might have been an and it collided with a telegraph pole, confirming it thought fit that Resolu
to much that the tion as a Special Resolution, Tinson of Messrs, Johnson. Stokes tract so as to bind the principal to informal contract. The legal maxim bending it
Omnia praesumuntur contra polia wires were hanging over the radiog R eslution be so confirm d
I therefore propose that the follow- and Master) represented the plaintiffsccept less than the reserve price." and the defence was conducted by It would thus be seen, remarked theorem might be held to apply. The Even then the car did not stop, and "frat the new Articles already Mr. F. C. Jenkin (instructed by Mr. Paisne Judge, that the Court of Flaintiff. baring obtained no contract, swerving to the right, shot right approved by the Meeting and for the must be compensated in respect of the Appeal was ready to consider farther best contract in the contemplation of across the road, where too defendant parroso identificat on subscribed the pr position laid down in Reinhow e. Howkins. The difficulty of deciding
the parties. The Paine Judge quoted succeeded in righting it and palled by the Chairman thereof be and the Bams are hereby adopad as tho which view of the law should prevail cates establishing this view. The up some distance further down the Artich of the Society to the exclusion was felt by a learned writer of au plaintiff here must be compensated in road on the right hand side. article in the "Solicitors Journal damages for the loss of his bargain, The Puione Judge said :---
and in calculating the compensation (1907, Vol. 51 p.m. 242 and 262) on This case raises the question be-galos by Auction," who was writing all the incidents of his expected bar ther, at a sale of a chattel which is of shortly after the promulgation of the gain would be presumed in his favour the value of $100 or upwards, by judgment in McManus v. Fortescue. and not in favour of the party who public auction, announced to be with It might be due to this fundamental was found to have been in the wrong. out reserve, the highest bidder, to difficulty that no revital edition of whom the chattel is knocked down, the text book, Hart "On the faws has a legal remedy against the sacrelating to Auctioneers," has been tioneer who has accepted his bid with published since the arcoal edition in out the authority of his principal, the 1933. The learned editors of all
The plaintiff attended an auction (Bury's " Laws of England" Vol. 1 these damages on the principle spplied Sergeant were holding courultations
C. E. H. Beavis of Mosers, Wilkinson
and Grist),
vendor,
THE JUDGMENT,
Defendants knookèd down the launch
SUBSTANTIAL DAMAGES.”
Police Sergeant Hallam was one of the occupants of the car, and his is being retained by Me. Les d'Almada
of and in rubstitution for all the existing Articles thereof."
If somebody will second that I shall be pleased to answer any questions to the best of my ability.
The resolution was seconded by Mr.
as a witness for the defence.
Mr. d'Almada obtain d the Magis. A. Dastur and carried una
nimously.. trate's permission for the Sergant to To my opinion (the Judge conclud-remain in Court throughout the evid- ed; the plaint ff must be awarded substantial damages in this action for ence for the prosecution but when it the loss of his bargain. I shall asse95
in Golwin v Francis (1870 L.R., 5
was noticed that Bic. d'Almada and the ".
C.P., 293): The plaintiff, as the together during the proceedings, the highest bidder, bid $10,000 fur. the Magistrate objected strongly to the
placed upon the huuch way £5,000, witnesses. et am launch. The reserve price solicitor being prompted by one of his ranghly equivalent at-that tims to
Mr. V. G. Karley of the Installation
}
BRITISH TRADERS' INSURANCE COMPANY, LTD.
to him at that price. In fact, the de has been fixed by a vondur, there is $30,000. Mr. Tully, Launch Inspect Department of the Hongkong Elin re the fol owing shareholdera :-Messrs.
The
OBSCURITY OF AUCTIONEERS' LAW.
view of
the
to the Asiatic Petroleum Co., Ltd.,
law the
present
FOSSIBILITY OF AFFEAL.
Mr. Eldon Potter: Would your Lordship certify for two counsel
The Chairman said.
If somebody will second that I shall
(produced in 1997, the year of t'e
At the meeting of the British conducted by the defendan's. A steam decision in Melfanus v. Fortescue)
Traders Insurance Co., Ltd. Mr. launch was put up for sale without had faced the situation and had
Patt-zden agai presided. There were reserve. The name of the vendors enunciated their view of the legal was not disclosed. The plaintiff bid position in the following terms (PP
present:-the Hon, Mr: A. 0. Lang and Messra, G. W. Dodwell and G. X. $10 000 and was, the highest bidder. 502, 603 and 1020) Where a reserve
Young (diretore), the Hon Mr. C. Montagua Eda (general nanager) and no implied authority to sell without fendants had been authorised by their reserve, even though an auctions had examined the launch a few days Company, living at No. 50, Whitfield Townend, P. Hodgson, A. C. principals only to sell subject to s reserve price which was higher than of his instructiong an austionear Belia before the auction and had valued it Road, said he say the accident from. R. M1usel, V.R V. Ribeiro and Hay, 4.1K Colash, J. W." Alabaster, bas ostensibly so sold, and if in breach $10,000, viz., £3,500. After the fall without reserve a sale below the re. for his employers at 325,000. On his verandab. It was raining hard, V.L. dos Rimedios.
the date of the auction, after the sale, of the hammer. the auctioneer im- serve price will not give the purchaser the defendants themselves received but he had a clear view of the road. mediately realised that he had made a
Gentieren:At the Extraordinary A house coolie employed by Mr. O mistake. Before leaving thesesna of the right to enforce the contract and declined an offer of $20,000 for Two motor cycles pared, the first
against the veador."Tothia 1aragraph the launch. Within two months of the driven by Stutz of
* police Sergoint. Gentral Meeting of the Shareholders Tobaces auction he explained the mistake to was added the following footnote: date of the auction the owners sold They Mau'actory, Kowloon, was charget the plaintiff; he refused to make any Medaus v. Fortescue disapproving the launch for $18,500. Betwaan the other and
were close to each of the Company held on the 18th of before Mr. R. E. Lindsell this morning, memorandum in writing to render the on this point Rainbow v. Hoskins.
ware followed im last month the Revolution you bare date of the auction and the date on mediately siterwards by two jest beard read was unanimously pass- auc-with the theft of a gold watch worth contract of sale enforceable against a this
the vendors. He did not put up the the pleadings in $50.
which the launch was sold the dollar motor cars, about 30 yards babinded and this Meeting has been cODYCH Mr. Stutz discovered the loss launch again for auction. action had been drawn. The careful exchange had risen by more than 2d. each other. The first car, he calculated to confirm the Resolution, it
It seems to me, therefore, the $20,000 yesterday morning sad promptly in- plaintiff bera claims damages against arguments addressed by counsel on
and the other was moving about 2 I therefore propose that the follow- formed the Taimshatsui police. In the defendants for a breach of war-both sides had assumed that it was represents the market value of the ad, was going at 18 miles per hour, thought it, as a Special Resolution.
launch 00 the date
of the miles faster. Immediately after the ing Resolution be so confirmed: investigaranty of authority to sell without to be adopted. More cautiously, the
auction; and that the proper measure second car had passed, there was a That the now Articles already ap tions, Sab-Inspector R. Shan. reserve.
editors of the "English and Empire of damages is the difference between crash. He looked out and saw car provel by the Meeting and for the поп searched the defendant's
Digest," Vol. 1, 1919. p. 662 had noted quarters and discovered spawn The law relating to cales without Raibo v. Howkins as "doubled that cam and the sam bid by the No 258 at a standstill on the right of purpose of identification subscribedt ticket in his box. The watch for reserve by publie auction is involved not as "disapproved" in McManus plaintiff, amely $10,000. Julgment the road about 50 feet from the by the Chairman thereof be and the which the ticket was issued, was re- in some obscurity. In Warlow v.v. Fortescue. Asuggestion was pos- $10,000.
for the plaintiff with costs; damages telegraph pole. A coolie was lying ams are hereby adopted as the Arti- coguised by Mr. Stutz as his property, Harrison (1858, also 1850, 1E & E, sible that the more general use of the
on the footpath badly hurt, cles of the Company to the exclusion Defendant who admitted pawning p.295) the sale was stated to be with reserve prica in modern times may
The upper structure of the car was of and in substitution for all the ex- the watch, recaived six weeks jail out resarve. The vendar bimself bid have led to a shifting of opinion from
badly damaged and the wind-sorsen isting articles thereof." with hard labour.
at the auction sixty one gainean for the view taken in Rainbow v. Howkins
was am shed. The Magistrate enquired from his own property, which was knocked towards that recognised as preferable, It is clearly a case of importance. the Inspector the usual procedura down to him at that figure by the more "in harmony with well estab Mr. F. C. Jenkin: I apply for followed by pawnbrokers when re-auctioneer, the defendant.
The resolution was seconded by The lished principles in McManus v.short stay. ceiving costly articles from persons plaintiff was the next highest bidder, Fortescue.
Mr. Eldon Potter: I agree to a though he admitted that it was diffir. A. C. Hay and exrried unani- of the defendant's type.
having b'd sixty guineas." He claimed
cult to judge speed from a higher mously. The Inspector said that they should that the vendor's bid was accepted con- Paisne Jadgo) I adopt the view of the Mr. Jankin: The law ona the level, he did not think he was far out test the olients by demanding a chit trary to the terms of the auction and law given in Halsbury.. The problem subject is obscure and my clients may in his estimate. from their employers authorising the that the making of the bid was in here is to apply the law so stated to desire to take the view of the Appeal
Mr. Stawart Descon, also of tha pawning of the article in question. itself a breach of the terms. He circumstances analagous to these in Court. I am further instructed to op. Electric Company, residing in the flat Calling the pawnbroker, the Magis submitted that he, himself, as the Rainbow v. Howkins. It appears that pose the certificate for two counsel, above Mr. Kerley, said he saw all four her cubicle during last night a trate told him that he had neglect-highest bona fide bidder, should have three cases, Farlow v. Harrison, The case did not involve the necessity vehicles passing at an excessive spoed
At the meeting of the Chins Fire quantity of jewellery worth $184. ed bis duty. 43 required been recognized by the defendant de Rainbow v. Howkins and the present for taking any evidence except Mr. which he put down to 25 miles per Insurance Coy., Ltd., Mr. Pattendan She suspects a visitor who called by hia licence, by failing the purchaser. The Exchequer Cham-case have this fact in common, that Tully's. The argument was confined hour. He admitted however, that he presided and there were present: earlier in the evening.
to observe the usual course. In fact, ber held that the plaintiff's declaration the plaintiff was the highest bona fide to points of law and could have been had had no experience at motor car The Hon. Mr. A. G. Lang ad Mr. G.M. he had been very careless and slack has been wrongly framed, but that he bidder at an auction sanoaned to be sufficiently well handled by one driving. The omah occurred a low Dadwal (Directors), the Hon Mr. O. seconds after the last vehicle bad Montague Ede. (General Manager) and The third of the present series of a to whom he dealt with. He would would be entitled to judgment on an without reserve and though he was so, counsel on either side. Organ Recitals will be given at 9.15 have to return the watch to Mr. Stats amended declamation. It decided that received from the defendants (the aud A stay of execution for fourteen passed.
the following shareholders: Mess next Monday evening in St. John's without payment. Everything con- the form of sale to the vendor was not tioneers) no contract of sale by which days was granted and the Faisme Sergt. Portallion of No. 2, Police La F. Townend, P. M. Hodgson, A. C. sidered, he could count himself lucky s sale in fact and that, therefore, there the vendor was bound. In each case, Judge intimated that he would deal Station, said he was on motor-cycle Hay, A. H. K., Cobb, J. W. Alabaster, Cathedral when Mr. 4. Po Ogravide he was not losing his licence, but if he had been no eale; further, that the therefore, the plaintiff has a legal with the application as to counsel patrol on the morning in question W. B. Mansfield, V. R. V. Ribeiro will be vocalist. The programme will include the Intermezzo tiem were found guilty of such gross neg-defendant had warranted that there remedy in damages for a breach of
Chambers.
when near the Electric Com-Land V. L. dos Remedios. Cavaleria Rusticana (Mascagni), the ligence again, he (the Magistrate) should be a sale to the highest bona warranty of authority to sell without
pany's Generating station be had Gentlemen --At the Extraordinary Finale from the Fathetic Symphony
would certainly recommend his license fide bidder and that he was answerable reserve. So far, the plaintiff's claim
to turn back as it began to rain very General Meeting of the Shareholders to be cancelled.
in substantial damages to (Tschaikowsky). In springtime (Kin-
the has been here adauitted in the state
at between 10 to 15 miles per hour, last month the Resolation you have hard. He passed through Whitfield of the Company held on the 18th of der) Recessional (Denman Kaller) and
plaintiffs for breach of that ment of defence. warranty. It also held that the and other items.
COLIC AND CHILLS. He never travelled faster than that just heard read was unanimously Stainta of Frande afforded to the
unless he was on an important errand passed and this Meeting has been defendast, no defence to an setion
Use Baby's Own Tablets
or following a speeding car. He was convened to confirm the Resolation, ...Against These His: - brought in respect of this breach of
not burrying because he was already if thought fit, në a Special Resolution. Olimatic conditions in the Far Esat warranty. D
are extremely hard on little ones, wet through and "was not worrying. I therefore proposs that the follow- especially at this time of the year. Sud. By Mr. d'Almada: The road was ing Resolution be so confirmed den changes of temperaturs, damp beat, very wet and witness was afraid of That the now Articles already the chill which follows hat close days, skidding if he went faster.
approved by the Meeting and for the
LOCAL AND GENERAL,
A Chinese woman living at No.
483, Queen's Road West lost from
Messrs. Thos. Cook & Son inform no that as Mr. N. F. Blanch's health does not permit of his return to the Far East, Mr. J. H. Green has been
SPORT,
FANLING GOŽE..
VISITOR'S RECORD BOORE,
1.
In what follows (continued the fortnight.
QUESTION OF THE AMOUNT OF
DAYAGES.
NOW IS THE SEASON OF
a
in
chilla careful parenta should keep Esby's
By Mr. d'Almada: The witness calculated the speed from his experi. to the bist of my ability. ence in driving a motorcycle. · Al-
be pleased to answer any questions
CHINA FIRE INSURANCE CO., LTD.
The dispute arising between the present parties relates to the amount The Paisne Jadze also quoted from of damages which the plaintiff is the decision of the Divisional Court entitled to claim. For the present appointed to succeed him as General Mr. H. K. B. Davis, jun, playing in Rainbow. y. Houkine (L. B. defendants it has been argued that all tend to wean and predispose to Manager for the Far East. Mr. over the Fauling Old Course ou 1904, 2 K.B., 322 and 1904, 73 the damages attributable to their sudde attacks of dilnem progr ** The misstar of a painter's shop at purpose of identification unbscribed Blanch's many friends in the Far Sunday morning, catablished the LJ.K.B., 641) that, whatever instruce breach of anty, for which alone As, foguard for their children Whitheld said he saw the copie try to by the Chairman thereof be and the East will be interested to know that record with the following source, tions had been received from the they may be held responsible, are again laver colle, diarthons, croup and avoid the car by stepping on to the same are hereby adopted as the her is taking up a position in London although the course was in a vendor by the auctioneer, the ano, merely nominal. In limitation of Own Ladets ready in the house. These footpath. He had just got his right Articles of the Company to the existe "where his experience and knowledge waterlogged Come with soggy tionser was a general agent for sale their Bability in damages, they rely in Tablete niso diapel-infantile indiget him. He was thrown autoga pikuppebody-wall cecond that I thall"
-foot on the i
a kerb when the car amping Articles themof of Pat Resteso matters will be at the green
and bad, on the tail of the hamper, argument upon the operation of expel worms and quickly bring revifal
and younati paciun, allay teething- Grm's disposal Mr. Green has been Out ..., 5, 4, 3, 5, 3, 4, 3, 4, 3-36 effected a contract which was binding Section 4 of the Sale of Goods sleep in a perfectly astoral way. Ther distance away and remained be pleased to answer any questions to
the firm's General Manager In
5, 4, 3, 4, 3, 4, 4, 5, 456 on the vendors. Continuing, the Ordinazoe, by which, oven if bound are, guaranteed absolutely pure and motionl
Paisas Judge said that the decision in by contract in accordance with the harınkom, 12 Rainbow 9. Howking reated authority warranted, the... vendors vias from Dr Williams Medisine O
Of cherclats of post free 63 cents the hearing in order to view the scene of A... Cobb and carried unanimous upon the proposition that, or could
Far East'aidos Mr. Blanch's
Bogland about two
The Magistrate adjourand the
the Rocident
the beat of my ability,
The zwolation was reconded by Mr.