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WARNER OLAND
KIYI.
KAY, LINAKIR
THE CHINA MAIL, JULY 12, 1939
CHARTERED BANK AND GODOWN CO. CASE
THE HEARING OF THE CLAIM BY THE CHARTERED BANK- AGAINST THE HONG KONG AND KOWLOON WHARF AND · GODOWN CO. "AND HOLTS' WHARF WAS CONTINUED THIS MORNING BEFORE SIR ATHOLL MACGREGOR.
The actions were in respect of the difference of his clients' posi- goods stored in the Godowns to [tion with the forged delivery or- the order of plaintiffs in the name ders. of Messrs. Thorbor and Co., whose manager U. Chan Jong by means of forged delivery orders obtained delivery.
His clients were not expected to ring up the Bank to check every delivery order. They were entitled to assume; in the absence of any Stored with the Hong Kong and thing to the contrary, that the de- and was authentic Kowloon Wharf and Godown Co,livery order were 81 cases of piece goods valu- being complete and regular on the ed at $19,888.14 and with Holts' face of it, defendants were entitled The defendants were obliged to deliver specific goods mentioned in Delivery order.
Wharf 132 cases worth $96,650.44. to act on it.
The Hon. Mr. Leo-d'Almada, in- structed by Mr. R. A. Wadeson, of Deacons, is for plaintiffs, and de- fendant firms are represented by Mr. Eldon Potter, K.C., instructed by Mr. M. M. Watson, of Messrs. Johnson, Stokes and Master.
The morning was taken up sub- missions by Mr. Potter. He urged that his clients were not guilty of breach of contract-in-that they had in no way departed from the per- formances required by the con- tract. They had been told that they had delivered goods to the wrong person. The delivery carried out in the manner of per- formance and was precisely as Defen- provided by the contract. dants had done every single thing which the contract asked them to
do.
was
the to
After the case, plaintiffs took precautions to limit authority and of were now writing the number packages in words and having the amounts embossed on the delivery orders.
The case is proceeding.
CLIPPER LOSS SEQUEL
As a sequel to the tragedy of the was lost Hawaiian Clipper which last year near Manila, Sir Atholl MacGregor at the Supreme Court this morning was asked to grant ́ Mr. Potter submitted that view his Lordship was entitled an application for leave to presume take on the clauses in the Godown the death of Watson Choy, a mer- City, New Jersey, warrant, was that there had been chant of Jersey
The application was made by Mr. no declaration of the value of the
therefore they H. G. Sheldon instructed by Mr. goods and that were not in possession of the store- P. M. Hodgson on behalf of Sang keeper but had only been left with Choy of Cantor and Hong Kong,
res-brother of the deceased. the defendants who took no ponsibility.
non-
If all clauses applied, the declaration clause would exempt the defendants.
Mr. Sheldon read extracts of let-- ters received by the applicant from....... his brother. Mention of his im- pending departure for China was The $500 declaration clause pro- made in one letter and deceased
six. tected the company and with
stated he intended to take a exception of five cases in connec-month's holiday and to save time tion with Holts' Wharf this conceded.
the
was
would take a plane.
Affidavits by officials of the Pan- On the grounds of estoppal, Mr. American Airways showed that Potter said that Messrs. Thorbor|Watson Choy was one of the pas- on paying the value of each deliv-sengers on the plane and that
to plaintiffs. were en-route none of the passengers dis- ery order titled to goods for which they had embarked. paid. Mr. Potter said that that was The application was granted. not defendants' concern.
deliver
S.C.A. CASE
.en
On each delivery order, defen- dants were instructed to goods to Messrs. Thorbor and Co. They were the real owners of the
A 84-year-old widow, Ip Ng, goods, though the bank had a charge on them. The goods were was fined $10 or four weeks' hard.. stored in Messrs. Thorbor's name labour by Mr. R. A. D. Forrest and held to the order of the bank. this morning, when she was charg- The Godown warrants were issued ed with failing to report the poss55-
to
thes. Thorber and Co. and
on face of the documents ap- peared held to the order of the Chartered Bank.”⠀⠀
and
When: delivery was desired delivery form was completed some one in Messrs. Thorbor signed by an official of the com pany and then endorsed by the Bank.
sion of a ward, Yiu Laí-heung, 14.
Mr. H W、 Fraser said the girl Was taken to the SC.A. by her
mother. She was pre ed to defendant when eight years. old, för Some time
adopted daughters
the girl was alleg-
aten by the de- een in the Co-
MORROW.
EEEX
EDDY
The Bank should have and did know that
would not part with the cept with the Bank's
The defen
bad