ARRO W
"ARATEX" SEMI-SOFT
COLLARS COMBINE WITH THE COMFORT OF A SOFT COLLAR · THE GOOD APPEARANCE OF
ARATEX A STIFF COLLAR WILL NOT
SEMI-SOFT
COLLARS
WRINKLE, WILT OR SAG.
EASILY LAUNDERED.
OBTAINABLE FROM:
TAK CHEONG, 50, Queen's Road Central.
ABRAHAM LINCOLN."
FAMOUS HISTORICAL PLAY BEING STAGED.
DONGKONG'S OPPORTUNITY.
"
Is
TENNIS,
EX-CHAMPION COMING.
HOCKEY.
CLUB v. THE NAVY.
Club Colours
CALDBECK MACÈREGOR'S
CLAIM.
''TIRM'S ACTION' FAILS.
THE CHINA MAIL.
followe
RESTRAINING COVENANT. wise, and either in China, Hong in the well known casas of Mason kong, Japan, Singapore or the 1918 A.C, 724) and Saxalby (1916) Straits Settlements. And in caso A.0. 688). It is clear that those: of any dofsult in the observance of two cases had modified the former the terms of this clause he shall theory of the law in these cases and forfeit and pay to the company the the learned Lord Justice. Bum sum of $20,000 as ascertained and marized these alterations. 49 liquidated proages." .}
(1.It is the covenantee who has to show that the re- straint sought to be im posed upon the covenantor goes no further than is ren- sonable for the protection of his business: (2.) The restraint must be not
THE FULL JUDUMENT,
Alternatively,
ths detriment of plaintiffs:
the severed part.
Then there is a provision for dis missal in case of incapacity, ́slb., and further provisions, for the re-f
awal of the agreement.
only in the interests of the covenautee but in the inter- ests of both the contracting parties.
(3.) An employer is not entitled, by a covenant taken from his employee, to protect himeall after the employ- most has ceased from his former servant's competi tion: although a purchaser of goodwill, is entitled to protect himself against much competition on the part of his vendor.
TUESDAY, MARCH 18 1928,
DAIRY FARM NEWS.
NATURE'S BEST
Milk, and its products
← BUTTER CHEESE – ICE CREAM are the most nourishing of all foods for people of all ages."
There are no substitutes for
DAIRY PRODUCTS - and
HEALTH
Include a liberal supply of the above.in the daily diet and insure the health and efficiency of the family.
Fresh Milk
.15 per bottle.
Cheese
.80 per lb.
Daisy & Dairy Maid Batter
$1410 and $1 per lb.
Ice Cream
$2 per quart.
THE DAIRY FARM, 10E & COLD STORAGE Co., Ltd.
WHITEAWAY LAIDLAW
HAVE RECEIVED A FRESİ SELECTION OF BABY CARRIAGES, 'FOLDING PRAMS, PUSH CARPET SEAT CHAIRS & HIGH CHAIRS.
BABY CARRIAGES WELL UPHOLSTERED WITH HOOD * WATERPROOF APRONS. PRICES: $79.50 $85.00. '989 50. $95.00, $100.00. $105.00, $115.00. $130.00, $140.00, $150 00 and $160.00 each.
Carpet
Heat
Go Carts
Without Boods
Titted With
Steel Wheels and Rubber.
AS
Tyres. $19.60
and
$2100
Exch
Also Convertible High Chairs Mado of
Polished Hard Wood
$28.00
and
$24.50
Esch
These can
also ba
wheeled.
FULTON FOLDING PERAMBULATORS
WITH
As briefly reported by the China
No suggestion is made of any Mail yesterday a most important compulsion on the defendant to sign judgment affecting the validity of such an agreement, but it is notc the restraining covenant which the worthy that the defendant had usual agreement of service in the served for some four years without! Far East contains was delivered in any agreement at all or any sugge
tion of a restraining covenant, and Shanghai last week.by-Mr. Justice during that time he had learned the secret recipes of the plaintiffs, and Skinner Turner.
The case was the one in which an had had the game opportunities of nction was brought against Mr. Getting to know their customers
existed from June, 1921, till the R. B. Wood by Messrs. Caldbeck, end of his services in 1922. Macgregor & Co., his former e An regards the restraining coven- ployers, to enforce the forms of an'ont itself: I have to construe it and agreement restraining him from then I nui- entitled to look at it in The 5.5. "City of Poona" which engaging in any capacity in its entirety. It seems to use to be is due on Friday is expected to the mineral water business in the clear that it really refers to the busi- ness of distilling and manufacture Hongkong is promised a rare treat bring Mr. A. W. Gore, the well- Far East for a period of 10 years of perated water. It is true that And he deduced from these rules plaintiffs sought the wine business is mentioned, but that previously accepted rules sa to for Thursday night when the Robert known English tennis player who Courtnoidge and W E. Holloway has held both the singles and damages to the amount of $20,000 I hold that the like trade, etc, the doctrine of severance require London Company will stage John doubles championship of England on the ground that, during his term means a similar business to that careful applention. if not entire Drinkwater's masterpiece, Abra- His stay in the Colony will be of eorvipe with plaintiffs, defendant really the object of the agreement: reconsideration ham Lincoln. Just how rare this limited to about twenty-four hours gained a knowledge of secret recipes .e. the aerated water busince: it The learned Judge ceeded to treat will be can be gauged from
the defendant from carrying on or have severed these restrictive coven-* the following leading article which as he departs on the same ship for and might me them in the trade to is therefore a covenant restraining say that the cast's in which courts Mr. M. Reater Harris appeared entering an aerated water business ants when acting on the view that, appeared in the Rangoon Gazette the North. However, arrangements the are
to be made by Mr. J. C. for plaintiffe, and Mr. R. N. Muc. or any other business for a period being prima facie valid it was their when the play was presented
of 10 years in an area which"pruc duty to bind the covenant or as far. Burmese capital:-
Fletcher, hon. secretary, of the lead for defendants.
His Lordship's judgment was as tically covers the Far East, and as permissible, were now obsolete, "Now, he belongs to the Ages." local Lawn Tennis League and it |
follows
such a covenant is on its face un- and that in his view severance Theso significant words marked the
is hoped that Mr. Gore will agree
In-this-caso Messrs, Caldbeck, necessarily and oppressively wide. where the covenant as a whole ig conclusion last night of quite one of to play on the match court of the the most absorbing and impressive Hongkong Cricket Club on Fri-Macgregor & Co., Ltd., manufac. It would even have prevented him invalid should not in the general plays ever staged in Rangoon. Mr. day afternoon. Particulars will turers of iclated waters, ask for an joining the Electricity Department case be allowed. That scenis to injunction restraining the defen of the Shanghai Municipal Council. me, if I may respectfully say so, John Drinkwaters's historical probably be advertised later.
dant Wood from entering into cor- True, the plaintiffs do not seek to to be an accurate statement of the drama, "Abraham Lincoln,"
trin employment in Shanghai as, enforce it or make any claim ao to legal position to-day: apart from probably the only literary work
being a breach of a covenant enter do, but many recent cases have laid the fact that the judgment is pre- during the past century which it is
ed into by him in June, 1921. It stress upon the duty of the Court sumably binding upon me bere just! possible to place beside Shakes-
is not denied that the defendant has in considering these covenants and as it was stated to be binding on the peare's masterpieces. It is most
entered into the employ of another the possibility of enforcing them Court of Appeal at Home by Atkin, certainly the finest of this present
nanufacturer of aerated waters in or any part of them to start with L.. in one of the last cassa on the generation, nos only because it is
Shanghai.. The defendant pleads. the original covenant as a whole. I subject, Clarke, Sharp & Co. v. indisputably great literature but
that the covenant sought to be cu need only refer to the judgment of Solomon. 1920.37. T.LR. 176. It also because it is intensely sincere
The following will represent the freed is too wide and unreasonable Younger, L.J., in Attwood v. La- is enforced by the views of Lofile" and human. The appeal made is
Club at the U.S.R.C., Kowloon, on and therefore is not enforceable in mont, L.R.3.K.B. on p. 595. I Moulton and Shaw in Mason's case so powerful that it seems to be part Wednesday, March 14, at 5. p.m.,. The plaintiffs reply that even start the.consideration of this case and by those of Neville, . quoted of one's own life. Lincoln has be
if the original covenant is too wide then with the position that the above. And the judgment itself come such a great tradition-not.
A. Bower, W. H. Edmonds, G. indeed they admitted) it can be plaintiffa huve inserted in this was given shortly after the same only in the New but in the Old Murray, E. J. R. Mitchell, the Rev. Revered and effect must be given to agreement a covenant unnecessarily learned judge had agreed in con- World--that his nace stands E.W.L. Martin, G. H. Piercy, H.
and unreasonably wide, which could firming a lifelong restriction of u universally for an ideal of states- Owen Hughes, F. H. Holdman, W.
The facts are short: the plaintiffs never have been enforced under any solicitor in the case of Dewes v. manship that is seldom, if ever, Woodward, the Rev. N. Evans, E.
are well-known manufacturers of state of the law and which they do Fitch, 1920. 2. Ch. 159, anani- reached nowadays. Perhaps, Mr. G. England.
there waters with a trade connec- not seek to enforce now. But what mously affirmed in the House of Lloyd George exactly pictured
tion throughout the coast ports of I am asked to do is to disentangle Lods, 1921, 9, 4.0.108~~ Abraham Lincoln's grip upon the
China, up the Yangtze and West & valid and reasonable restraint. In my view then the whole coven-, world when he said, in unveiling in
Hivers and in Hongkong. In their from the invalid and unreasonable unt, even if grammatically savor- London on July 25, 1939, the statue has gained materially by Abrahan Isiness they make use of certain one and enforce that. This is what able, is not one from which this of the greatest of ull Americans: Láncola, and the English slage szeret recipes, which are dictated is known as the doctrine of sover. Court should be astute to glean "He is one of these giant figures, has found a classic which the years to the foreign employees in the fac- ance and it may be stated tbus (I something which it can enforce. of whom there are few in history, enol rob of its grandeur. tory and memorized by them. take this generally from Jenke It is open to all the objections. so who lose their nationality in death.
Last night we saw Father Abra There are only Home five other Digest, vol. 1.No transaction. forcibly pointed out by the two They are longer Greek or Hebrew, in depicted in many varying manufacturer of these waters in having for its object the perforin- learned Lords mentioned and by Fnglish or American; they belong fights--as a strong and determined China. The plaintiffs' factory is in ance of an illegal act or one deemed Nevilles, to mankind. Those who have read history, or who have studied an of inflexible purpose; as a Shanghai. The defendant is now to be contrary to public policy (e.g. But in case I am wrong about fie lus of Abraham Lincoln, must tender-hearted President, who syn man of some 50-years of age and a transaction contemplating an on this I most face the further ques agree with Mr. H. G. Wells when fathised with a sorrowing mother 27 years in China. Originally at reasonable restraint of trade) will tion suggested by Younger, L. be argued that this famous Ameri- and pardoned the condemned son-sa, he afterwards became manager be enforced. But when, in return whether this is one of the special can President should rank anong try; and, lastly, as a magnanimous of a steam laundry, the secretary of for lawful consideration, several cases in which severance if possible victor. We were taken through the Charity Organization Society distinct promises, some of which should be allowed: The special the six greatest men in history five stormy years of his life and and then manager of an hotel. I contemplate such an object and circumstances alleged are two in For these reasons, if for no other, it came as somewhat of a shock fast give users of glimpses of a career 1017 he joined the plaintiffs as cu come do not are made, the promises number: (1) Knowledge of the crowded with great hopes and the assistant manager in their factory which do not can be enforced : plaintiffs' customers and (2) night to find brought into a dialogue keen disappointments of the bitter here without any written agree (note, not will be, enforced'), knowledge of the plaintiffs play and on to a stage in Rangoon, American Civil War. We were ment. At that time he had no And the Courts, holding that partial secret recipes. As to the cus- as an ordinary human being, one who is in most men's minds--and privileged to see a human soul with peraliur qualifications for the manu- restraints of trade were prima facie toners it is not suggested in the in all American thoughts-nure grand "outlook, with the gift of facture of these waters.. In June, valid and that it lay upon the coven. evidence that the defendant came idealism, with the strength of 1921, he entered into a written anter to show that may restriction into contact with the customers character and horal courage to agreement dating back to Jarmary, was reasonable, felt it their duty themselves, but inasmuch on cer- We have seen Dismeli dramatised enable those ideale to take perman- 1020, to serve the plaintiffs as an by means of a severance to bind him tain customers in Shanghai and in a remarkably clever manner, but ent form, and with all a touch of assistant factory manager. Ho to such a restraint when reasonable. other places were supplied direct it appeared almost sacrilege and simplicity almost childlike in its served under that agreement as an To take a very recent statement of from the factory it was urged thatt next to impossible to write a play intense appeal and pathos. We, in assistant manager and acting man- this position I quote from the jug he thereby became acquainted with on Abraham Lincoln. Yet, Mr. Utinkwater has done it nobly, and sequence, now know Lincoln ngor till the termination of his ment of Peterson, J. in the Rope. their names. It was not even sug- the better. He is one of us, and agreement, as provided, in 1922, ways case (1919, 35.T.L.R.285) — gested that he knew or could have achieved this most difficult task yet not one of us more intimately He then obtained employment in "It on the true construction of known the namen of the other cus- with so much perfection as almost because of this very tender and the Electricity Departament of the the covenant the Court is of opinion tomers not supplied direct from the to beggar description. He has faithful portrait, drawn for us by S.M.C. and at the beginning of this that it really consists of two or more factory: much of the trade of the actually written a play, which is the cleverness of a great dramatist. year he entered the service of Wat separate covenante, it must reject plaintiffs is carried on through their filled with political dialogue, and we have lived with Abraham-Lin- son's Mineral Water Co., & Chinese that which is too wide and enforce own branches and agencies, but the yet in human and does not bore the coln theagh five years of travail corporation carrying on a rival busi- that which is free from objection." plaintiffs have utterly failed to show audience. He has made Abraham and triumph, compressed intu about ness here in Shanghai. This is the
that the defendant at the factory Lincoln stop down to earth from three hours. Herein we the misty past and the dull pages material for grave reflection. We previously asked the plaintiffs, for not always been accepted.. I quote during his employment as wild have breach complained of. He had and of the duty of the Court has bad or was likely to have any such |
communication with the customers of history,
He has made him re- have learned something of the rela- sanction to do so and been refused. from Neville, 3 in Goldzell v. Gold. renter it possible for him on the onact for us the story of those epic tivity of time; something of the The material parts of the agreeman. L.R.1914.2 Ch. 016) :- years of his life. He has made this wonder of eternnt fame; and a very ment are as follows. It is made
termination of his employment to In a better fashion than any reading of a truly great man's life. great American patriot known to us great deal of the mudying present between the company and the de-It seems to me to be in accord- take away the plaintiffs' customers The fendats on the apsistant factory ance both with principle and justice, from him. As I read the cases it of books could accomplish.. He destinies of nations still offer to manager." The defendant was to that if a man seeks to restrain an- is not enough for the defendant haa, through the medium of his mankind the opportunity of making servo in the capacity of assistant other from exercising his lawful merely to know the names of some dramatic art, made an appeal to a memorable name one that the factory manager of the factory and calling to an extent which the law of the customers, there must be in simple and direct manner, for in ages cannot dim. In the fullness of works belonging to the company ut even to it now stands deems un- something more than that and that simplicity and straightforwardness time another ne great as Abraham Shanghai for distilling and the reasonable, the contract by which something is entirely absent in this lie strength. Mr. Drinkwater dis- Lincoln toy, conceivably, be given manufacturo of aerated waters for a bo, doen so, whether grammatically case. Then as to the secret recipes closes to Abraham Lincoln with to the world but he will have to be term of three years. His remunere poverable or not, should be held to I agree in an ordinary case that all his rich and great gifts-simpli- great indeed to equal, let alone out- tions are then set out, and there is be void in toto. To hold otherwise these are proprietary rights which city, humour, strength, patience. shine, the grandeur of Lincoln's a provision for termination of the seems to me to expose the coven- might deserve protection, but what and a deep-abiding optimian hased life and labours us the sixteenth agreement by the company at any antor to the almost inevitable risk are the facts here? For something on the firm conviction that right President of America. Abraham time on payment of three months of litigation which in nine cases out nearly approaching four years (1817) must ultimately prevail. He has Lincoln has held tho faith and remuneration, Then follows:- of 10 he is very ill able to afford, to 1931) the defendant was employ. in so doing, achieved a novelty in homage of mankind throughout the "The assistant factory manager, should he venture to act upon his od in this factory knowing the English dramatic art which only a world in a wholly unparalleled shall during his continuance in the own opinion as to how far the secrets and supplied with them by well established poet-dramatikt fashion.
The conturies to come said employment obey all the law restraint upon him would be held time he was under no restrictive would have had the courage to any soften this faith and homage, fal directions of the company either by the Court to be reasonable time he was under no restrictive attempt. With magical and un- but they can never entirely deaden in the condust of the said business while it any give the covenanter covenant at all. Why should this erring skill be has drawn the life of it. Through anguish and torture of or otherwise in relation thereto sad the full benefit of unreasonable pro- Court now be astute to disentangle this truly extraordinary man by soul he served a great nation nobly, shall keep all accounts which they visions if the covenantor is unable the contract for the plaintifa? I means of a dialogus play. With a and was content. And he paid for- may require and should the com- to face litigation." framework of simply told episodes, his service with his life at the band pany desire his services in their Up to that time then there was the covenant in question to be confess I can 100 po reason at all. he has recreated that wonderful of an assassin.
And I therefore hold that assuming We may all feel general wine business there or else a difference of judicial opinion on sewerable, this is not a case in which personally in such a faithful man the better for: knowing Abrabam where instead of in the aforesaid the question which I put during the the Court will exercise such powers ng of the part remaining. I think which they were entitled to protect ner that the offect is. produced of Lincoln more intimately through factory he shall undertake to COR argumente in this case: assuming of severance as it may have. actually seeing and hearing Abra the gifted minit of England's great form to and obey their directions in the original covenant to be sever I ought perhage, se the matters sems to me to be composed of more ployment in China in any capacity this covenant was saverable: it was to prohibit the defendant'a em ham Lincoln in the floab, no longer est. post-dramatist, and for this any capacity in which they may able, is the Court bound, to enforce about, in history or biographical debted to Mr. WE, Holloway for his ability. The seaistant factory infoe those-canceurther indicial press my opinion as to the other. Then I do not think it can be said
of the unobjectionable part of it? But whatever in muy like businses for s books, but actually living and his perfect interpretation of the manager soull not during the above pronouncements have been made matically severable and sunilor polition per se: the admitted east is too wide.
Friod of 10 years and lastly I breathing before our eyes. The dramatist's churuster study of one mentioned term or any prolongation far to the case of Attwood v.
+ to be a covenant against mere com, häid that restraint in to Chine plone questionsThe covenant is grau- very greatness of the subject would of the accepted six. greatest men i herdof or within 10 years from the Lamont in the course of which bot able; it is on the blob pencil theory arily, are the subject of protection want to mention one other have over-awed most mon, but the history of the World He made expiration thereof carry on or be cases mentioned above were con
covenants have been bald, sever-eno, of trade secrata which ordin often the genius of one man taker Abraham Lincoln live again. So concerned or Interested in any cap sidered Hare Younger, LJ in a fire from contemplating that of trae, jure and loving was his at city whatever, or in any manner judgment concurred in by Atkin,
ossible to eliminate the words helps me to that conclusion. At matter; it was nuggested that rules of public policy may differ here from« another. This greatnods and nobility that we can well imagine him, re whatsoever in the like or any other which was thus the judgment.
and ather and either and the same time I do not think this found an answering chord in Join penting the lines from Horace, trade, business or occupation what of the Court examined the lawde Straits Battlements without of the defendant's employment the not agree this Court administers:
gkong, Japan, Singapore and was a osse where from the nature what they are in Engla Drinkwater and Inspired him to Multi ills bonis fabits decidit, gorem whether for proff or other jaid dows proste this master Diesstale Full Kabiller quam mih
the House of Words, such severance afecting the mean any method by which the plaidis the law of England and as part
than human.
But that statement of the law
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