f
November 24, 1900.]
CHINA OVERLAND TRADE REPORT.
residing at 54, Staunton Street, and the de- fondant a clerk in the employ of Messrs. Deacon and Hastings, solicitors. It is a claim for the specific performance of an agreement, the defendant counterclaiming for $6,000 deposited by him with the plaintiff.
Mr. J. J. Francis, Q.C. (instructed by Messrs. Wilkinson and Grist) appeared for the | plaintiff, and Mr. E. II. Sharp (instructed by Messrs. Deacon and Hastings) for the defen dant.
The special jurors were Messrs. R. G. Shewan (foreman), A Haupt, P. Jordan, S. Hancock, J. S. Van Buren, G. Stewart, and J. M. Beattie.
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caused enquiries to be made to ascertain who was the writer of the second memorandum, and he wus informed of the result.
The witness was cross-oxamined at some length by Mr. Francis.
The further hearing was adjourned.
CRICKET.
THE CLUB V. THE GARRISON.
The Hongkong Cricket Club commenced their first match against the Garrison on the afternoon of the 16th inst., the teams being:-
Hongkong Cricket Club:-Messrs. Maitland, Ward, Mackenzie, Lee, Salter, Burnie, Noble, lifton Brown, R.N., Elliott, R.N., Strong, R.M.L.I., and Sercombe Smith.
Garrison-Major Dyson, Major Dorehill, Captain Ainslie, Capt. Johnston, Captain Wall, Lieut. Nicholson, Lieut. Kriekenbeek, Lieut. Johnson, Lieut. Hill, Captain Langhorne, and Lieut. Higgon.
box, and he corroborated the statement of his counsel. He said he had known the plaintiff since July or August of last year. He know him because he (the plaintiff) had leased some houses to him. The plaintiff mentioned this property to him about the 17th or 18th Septem- ber, last year. He told him that it would be a good investment for him. On being asked for a memorandum the plaintiff wrote him one out. It gave particulars as to the measurements of the houses. He saw the plaintiff the same night at his house. The next interview which he had with the plaintiff took place the next morning. Ho asked him for particulars as to the length and breadth of the property and also for a plan. The cross-examination of the defendant by The plaintiff went away and returned in about Mr. Francis was continued. He said he got an hour. He said there was only one plan the $6,000 bargain money from his father's which the owner was keeping and handed him estate--from the Kung Yuen shop, in which another memorandum, saying These are the $4,200 was still left, this being the executor's correct measurements of the houses in question." ¡ money. His next oldest brother was 19. He The first memorandum (which was produced) did not tell him anything about using this did not say anything about the width, but the money in this speculation. Nobody acted as a plaintiff said that Chinese houses were generally go-between in the transaction, there being about 16 feet wide, and he might take it that nobody but himself and the plaintiff. The The Club won the toss and Smith and these houses were the same. As to the second price at which the property was first offered to Maitland were sent out to face the bowling memorandum (which was also produced) the him by the plaintiff was $60,000. He himself of Higgon and Dorehill. The start was plaintiff said he had copied the figures given offered $55,000. He and another Chinaman anything but promising, three wickets being therein from the plan, which was the pro- did not go down to Gilman's Bazaar, with down for 38. Then Clifton Brown joined perty of the owner. Witness asked the the plaintiff. and go into one of the shops Maitland, who by this time was well set. The plaintiff to let him inspect the houses, but the to examine it. He ished to go to Manila R. N. man played a strongly dofensive game at plaintiff said there was no need, as these mea- for the purpose of opening a provision the start. Subsequently he became freer and surements were correct. He added that these shop for supplying the American Government. made several notable strokes on the log side. were Chinese family houses and that it was He was going into partnership with Hon Fat Maitland continued to play a dingdong game, very difficult to inspect such house. The plain Yuen, each of them to put in $8,000. The first while the Argonaut man kept his wicket up, tiff told him that most purchasers went by letter he received from his friend in Manila, aud between them they put on 130 runs, the measurements submitted to them and advising him to come there, was dated Novem- when Clifton Brown left for an invaluable and did not inspect the houses. About three ber 10th or 12th. Other letters followed. He well-played 59. To him succeeded Ward, who days afterwards the plaintiff came for the de- had none of the letters now. He had burned adopted careful tactics at the beginning and posit money. He told him that the money was them. No one offered to buy any of the houses gradually played himself in. A few strokes not ready and the plaintiff asked him to write a in question. He did not know that this was between cover and point were the prettiest in his letter to show to the owner. He wrote the because the price of property went down in No- well played inuings. Ward had been in about letter suggested, stating that the deposit|vember last year. He left these matters to the half-an-hour when Maitland's magnificently hit would be paid the next day. On the follow-plaintiff, who was looking after his interests. innings, in which he made 100 out of 165 and ing day, the 26th September. he signed the Subsequently the defendant said that two or totalled, 56 out of 285, came to a conclusion, ho agreement and paid the deposit. About three brokers came to see him about the houses. being well caught at long-on by Hill off Higgon, the middle of November he received letters One broker offered him $5,900 per house. That whose bowling was decidedly the best on the from his friend, Hon Tat Yuen, in Manila. was below the price he had given for the pro- side. This is Maitland's record innings for the They had previously been in the same office as perty. When he wanted plaintiff to relieve ground, his previons best having been 144 not clerks. His friend went down to Manila about him from the bargain he wrote him three or out, also made against the Garrison. Had it the middle of last year. Before he went they four letters. His first letter simply asked not been for Maitland and his determined hit- agreed that if his friend succeeded he should the plaintiff to come and see him. It ap- ting the Club would indeed havo fared badly. send for him. In the middle of November his peared, however, from the second letter that Shortly after Maitland's departure Ward fol friend wrote him saying he was doing well and in the letter preceding it the defendant of lowed suit. losing his bat in trying to recover advising him to join him. In consequence he' fered the plaintiff $1,000 to let him off. It his ground and being well stumped by Lumb told the plaintiff he wished to go abroad, and was a fact that the plaintiff called on him on off Higgon. His total of 66 was got quicker the plaintiff said if he would offer him compen- the 16th November und said he was willing to than usual and contained a loss number of sation he would cancel the agreement. Ho let him off on the payment of $2,000 compensa dangerous strokes. It was knocked up in double- asked witness to consider the matter and say tion. He subsequently wrote to the plaintiff quick time and considerably helped to swell how much compensation he would be willing to and said that if 31.000 was too small would he the total. A nqticcable feature of the folding offer. The next day he wrote the plaintiff the please to let him know what he wanted as com- was the brilliant work of Captain Wall and letter produced. and which was dated 15thpensation. He wanted $8,000 or £9,000 to go Captain Nicholson, whom nobody conld have November, in which he offered $1,000 as com-
into business in Manila. He did not make any excelled. The club are now in a favourable pensation, to be deducted from the bargain money. arrangements for getting the money. He did position, and though the team opposed to them the balance of the latter to be handed back not give Deacon and Hastings notice of his is a strong one with such an excellent start to him. The plaintiff came to him the next intention to leave their employ. It was not they ought to be able to pull the match off. day and said the compensation offered was too true that the plaintiff never came to see him Between two o'clock and five o'clock yesterday small and asked him to double it. He replied about releasing him from his bargain and that the Club compiled 316 for six wickets." that he thought that would be too much, and he never wrote to him or said anything to him he wrote him on the 21st November urging about the matter. him to accept his offer. Getting no reply he wrote the plaintiff asking him to say how much he wanted as compensation. The following day the plaintiff called upon him and refused to
The Club followed up its batting success of talk about the matter and said they must com- plete. He subsequently told him he was going|planation, saying that if he could give some the 16th inst. with some good bowling and to arrange a mortgage for him for the houses explanation it might assist him in being able | fielding, which enabled them to put in and get ont for $45,000. This was the plaintiff's own offer. to advise the defendant to complete. The the Garrison twice in four hours on the 17th, On the 24th November he wrote the plaintiff, plaintiff made a remark which was interpreted | and gain a. decided victory by an innings and asking him to secure a mortgage of $45,000 on to him. If wrong, make it right." He final 140 runs. Noble and Salter resumed the Club the premises. Subsequently he discovered that ly told the plaintiff that if he could not give innings about 11.15 on Saturday, and added according to the plan the measurements in the any explanation or say anything about the auother score of runs before the Bank man was memoranda had been materially exaggerated and matter-clear it up-he could not let the taken by the wicket keeper off a soarer. His he accordingly repudiated the agreement.
defendant complete, and the plaintiff, then well hit innings contained the inevitable 6. Witness was cross-examined at some length walked out of the room. The next day he Burnie joined Salter and helped to put on 33, by Mr. Francis, the cross-examination not been went into the matter rather more closely and of which he claimed 21, including a quartet of concluded when the Court rose.
discovered that the figures on the second 4's, till he was held in the slips off the shoulder memorandum corresponded with the figures of of his bat. Five runs later Salter had to go on the memo. attached to the plan. He then wrote account of his vis-a-vis hesitating and being in Messrs. Wilkinson and Grist the letter pro- two minds: he had played a steady and useful duced. It was dated 30th November. It said innings of 18. It Mackenzie, were a better that in consequence of the representations | judge of a run and his “yes” were "yea" and made by the memoranda their client was unable | his "nay ́ were "nay", he would be a much to carry out the agreement and claimed the more reliable partner to be in with. Twelve runs return of the 86,000. In reply Messrs Wilkinson | signalised the partnership of him and Lee, the and Grist said that unless the purchase was latter being nicely caught and bowled by completed by a certain date the plaintiff would | Higgon, whose record of 7 wickets for 92 in an commence an action against the defendant | innings which totalled 398 is matter for con- for the performance of the agreement. He gratulation and personal satisfaction. Out of the
Thursday, 22nd November.
IN ORIGINAl JurisdictION.
BEFORE HIS HONOUR SIE John Carring-
́G.M.G. (CHIef Justice) AND
A SPECIAL JURY.
TON,
CHIU WAR V. CHUE KAN.
In this case (the hearing of which was re- sumed from Wednesday) the plaintiff is a trader
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Mr. F. B. Deacon (of the firm of Deacon and Hastings) said that when it was discovered that the measurements of the property according to the plan were much less than those in the memorandum he asked the plaintiff for an ex-
By kind permission of the Colonel and Officers, the Band of the 3rd Madras Bombay Infantry played pleasing selections of music yesterday and to-day the band of the Royal Welsh Fusiliers will be in attendance.