Page
TO-DAY KINGS
ONLY
PALL MALL
At 2.30, 5.10, -
7.15 & 9.30 P.M.
PRODUCTIONS
presents
PADEREWSKI Moonlight Sonată
Produced & Directed by LOTHAR MENDES with CHARLES FARRELL MARIE TEMPEST
United Artists Release
also "THRU NORMANDY TO ST. MICHEL”
TO-MORROW
M.G.M. Picture
4 SHOWS
DAILY 2.30-5.15
7.15-9.30
(Travelogue)
JUDGE HARDY'S CHILDREN”
with
Lewis Stone Mickey Rooney--Cecilia Parker
TAKE ANY TRAM OR HAPPY VALLEY BUR
ORIENTAL
2DAYS TO-DAY
•
FLEMING ROAD WAN CHÀI TEL. 28473
TO-MORROW.
WORLD'S MOST DESPERATE CRIMINALS IN PRISON RIOT! Action to startle you! Romance to thrill you! Suspense to leave you
FRI,
SAT.
breathless in thiamine, srison' drama.
JUST TWO TOUGH
GUYS. TRYING TO GET
AHEAD... OF EACH OTHER!
And ready to fight at the drop of a hat... of the smile of a lovely lady!
SAN QUENTIN
ith
PAT O'BRIEN Humphrey BOGART
ANN SHERIDAN - BARTON MacLANE
& First National Picture • Dirusted b. L'ord Bazon Presented by Warner Bros.
GARY COOPER
"BLUEBEARD'S EIGHTH WIFE" CLAUDETTE COLBERT MATINEES »20c.-30c • EVENINGS 320c,-30c.-50c.-70c.
DAILY
HANKOW ROAD KOWLOON
ISTARE
720
TO-DAY ONLY
Romance Races With Mystery
THE CHINA MAIL, DECEMBER 14, 1938
APPEAL COURT JUDGMENT IN FILM DISPUTE
Written judgment was given in the Full Court of Appeal this morn- ing by the Acting Chief Justice, and Acting. Puisne Judge, dismiss- ing an appeal concerning a $17,500 claim for damages by Ng Pak-to, proprietor of the Central Theatre from the Unique Film Production Company.
Mr. H. C. Macnamara, instructed by Mr. W. A. Mackinlay, appeared for appellant, while respondents- were represented by, Mr. Eldon Pot- ter, K.C., instructed by the Mr. M. K. Lo.
Hon.
The judgment was as follows: This appeal, which we have already dismissed, was one from the judgment
Atholl of Sir
MacGregor G. J. by which he decided in favour of the plaintiffs (now the respondents); a pre- liminary point of law arising out of he pleadings in this action and order- ed to be argued and determined before .rial.
PAUSE FOR XMAS
Berlin, To-day. Christmas will bring a pause, of 14 days in the work of con- struction on the powerful Ger- man line of fortifications in the West, according to an announce- ment in the press. Thousands of workers engaged in this gigantle task will be given a Christmas vacation from December 21 to January 4.
It is also announced that con- struction has sufficiently advan- ced to enable a large portion of these workers to resume their normal occupations. Trane- Ocean.
BALLROOM
NOISE CASE IN
APPEAL
COURT
In the Full Court of Appeal this morning before Acting Chief I cannot help feeling, said Mr. Jus Justice R. E. Lindsell, and the tice Lindsell, in the words of Greer L. J. in Davies v. Elmslie that "this Acting Puisne Judge, Mr. Jus case is an illustration of the futility tice E. H. Williams, Douglas of ordering an issue
to be de-Fitches appealed against the de- cided in advance of the ascertainment cision of Mr. R. Edwards, Second of the facts which might be relevant to
law."
the consideration of the question of Magistrate, dismissing two sum- monses against the New Majes- tic Ballroom for creating necessary noise.
It may be of course that the appel- lant was unable to obtain such proo
*
4
un-
Assistant Crown Solictor, Mr. M. R. Abbott, while respondent, Frank Gray, licencee of the Ballroom, was represented by the Hon. Mr. Leo d'Almada, Jun, instructed by Mr. M. A. da Silva.
that the third party's claims was ກ Appellant was represented by the valid or even an arguable 'one and that the respondents took it seriously as would have enabled him to put for ward a successful defence on the mer its, but one would have thought tha the some evidence of the validity of third party's claim, if it was a valid ne, and of the respondents' attitude towards it must have been available to the appellant and might well have been decisive of this action.
The alleged nuisance was said to have been committed at 9.30 p.m. on May 14, at 2 a.m. on May 15, at 11.30 p.m. on May 16, and at 1 a.m. on May '17, by playing 'musical
Since, however, the question of law which the Court below decided and which is the subject of this appea! amounts merely to this-whether or no he appellant is entitled to relief mere-instruments and singing, calculated y because the respondents, whose title to disturb or annoy appellant and to the film he cannot dispute, did not other persons. disclose to him, when the contract was
Mr. Abbott this morning submit-
concluded, that an adverse claim te
their ted that the licence granted respon-
the title had been brought to notice, we cannot consider any other facts or possibilities beyond those dis- closed by or to be inferred from the pleadings.
dent permitted him to do something which, without the licence, was illegal, and that the Magistrate was wrong in holding that the licence exempted respondent from prosecu- tion under the Summary. Offences Ordinance.
It could not be decided that the licence was a defence.
Mr. Abbott contended that
If I understand aright the argu ment of appellant's counsel, it falls under two heads. He contends, first ly that the respondents' failure to dis- close their knowledge of the adverse claim amounted to such misrepresen- cation as to entitle the appelant to re- pudiate; and secondly, even if there was no actual representation, yet in all he circumstances of this case there spondent was obliged, to take pre- was a duty in the respondents to discautions and every scientific means close the existence of the adverse to prevent injury to neighbours. daim and that breach of that duty en-
After Counsel for respondent had itled the appellant to repudiate.
re-
Au-
As to the first of these arguments, replied quoting several legal
their Lordships reserved it is only necessary to ask what fact hoiting or state of affairs was misrepresented judgment. by the respondents to the appellant. The answer, as I see it, is "none." The
respondents represented that they WEATHER FORECAST
were in a position to give the appel- lant certain rights in respect of the film. The appellant cannot disputé
in such a that they were They represented maybe that they continues to increase in intensity; were in a position to give the appellant the depression is crossing Hokkaido "quiet enjoyment," to borrow a term ↑
The Royal Observatory reports China position, that the anticyclone
over
57795
from another branch of the law, of the and has become deeper. film.
Local forecast:-N. Again, how can the appellant gainsay, in the absence of any evi- fresh; Cloudy. dence of how and in what form. the] =
E.
winds,
As Lupin
Matches Wits With an American G-Man ! .
ARSENE LUPIN Returns
TO- MORROW
MELVYN DOUGLAS VIRGINIA BRUCE EWARREN WILLIAM
piracɛeið by
CEDRÓL FITZMAURICE
Produced by
JOHN W. CONSIDINE, W.
A Meurq Goldwyn-Mayer revura
Joel McCrea Joon Bennett
in "THE TEXANS"
adverse claim had been made and what light, I cannot see how in law or in opinion they had formed of it that the common sense they could have been respondents were in such a position? required or expected to tell the appel- If any covenant for "quiet enjoyment" lant all about it.
could be read into the contract, breach This aspect of the matter, and three thereof might well have given the ap- of the leading cases bearing upon it pellant a right to sue for damages but have been so fully dealt with in the no right to repudiate the contract, judgment appealed from, with every but to argue that the respondents re- word of which judgment I am in agree. presented themselves as in a position ment, that I can see no useful purpose to give quiet enjoyment is but to say in attempting to elaborate it. in other words that they represented Mr. Justice Williams concurred.'. themselves as in a position to give the appellant certain unassailable rights ovor the films, because they themselves had a good title, and the appellant is brought back again to the same im- poses that he cannot challenge that title.
↓
The appellant is faced by what seems to me the insuperable difficulty that the claim may have been utterly fri- volous and unsupportable, and if the respondents regarded it (as for all we know they may have done) in that l
DANCING IN 6 HRS. Rapid easy lessons. Be- .gim.ers A speciality. Advanced courses. Mo- dern Ballroom - Tango, Tap. Expert Tuition. TONY'S DANCE STUDIO 6th FL China Bldg., 12-A
· Tel. 80988.