338
Judge without a jury was not governed by the rules applicable where there had been verdict by a jury.
Д
The Chief Justice said he thought it possible that in that 6880 the evidence was taken by affidavit or on commission, and where the Judge below did not have the opportunity of judging of the manner and demeamour of the witnesses, it was pointed out that the Appeal Court could judge of the affidavits as well as the Court below.
our
was
THE HONGKONG WEEKLY PRESS AND
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The Paisne Judge remarked that when the case was before him in Chambers it was nothing but adjournment after adjournment, and in the application for time to bring this witness down from Dalny he had seen only another excuse for delay. They said before the case came on that he was a material witness, and they had more than a month to bring him forward.
On the point of law,
The Chief Justice held that as the agree- ment for the purchase and sale of the business had been entered into under a mistaken idea on the part of both parties as to its raal value as stated in the telegram therefore there was no contract for purchaseand sale, and both parties remained partners in the Port Arthur business.
Hon Mr. Pollock asked their Lordships to grant a rehearing of the case rather than shut out any evidence.
{
Hon. Mr. Pollock submitted that there were other circumstances in this case as in the case Coghlan v. Cumberland not dependent on the question of the manner and demean
of the
it witnesses which very material for the Court to take into consideration. There was one witness, entirely disinterested, namely the Court translator, who gave evidence with reference to these passages The Chief Justice, said that, as there was a in the documents which the appellant alleged case of a similar kind as to two more of these
looked at the were interpolations. Ha
same notes each in $2,000 pending in the Origi documents and without any lead ng questionnal Court, he was disposed to adjourn the appeal being put to him he said he could see a change until farther order, so that to defence could
as it would be an in the ink used at the passage where they be hoard.
illogical thing if that Court came to one decision alleged the interpolations occurred.
another in a and the Supreme Court to similar case.
Hon. Mr. Pollock expressed himself satisfied with this arrangement.
The Puisue Judge remarked that the translator bad shown himself clearly wrong on the point of the signature, so that he was not infallible on that point.
The Chief Justice said it had truck him as a possible solution of thi, difference in the ink that some delay had occurred before the condition about the term of payment had been agreed upon to be enterel in the document.
Hon. Mr Pollock ta'ed that that theory was not in accordance with the evidence of the other side, because the man who wrote the promissory note expressly stated in his evidence that he wrote the whole thing at the same time, with the same ink and the same pen.
After some further discussion.
t
The Chief Justice sail the evidence on neither side was satisfactory. Defendant said nothing was wrong in the dochmea's except the words said to have been interpolated. In that case be admitted that ha owed the money, for the document that he signed was in the nature of an İ.O.U.
Hon. Mr. Pollock replied that the object of putting in these words was to maks the money absolutely payable on a month's demand. The appellant said it should not be paid until somebody representing him had gone up to Port Arthur.
The Chief Justice did not think the agree- ment contemplated the sending of a representa- tive to Port Arthur to take a minute account of the business.
Hon. Mr. Pollock said that if the learned Puisne Judge had intended to find in the way he had done as to the letter be should have given them an opportunity of calling this witness Shing Kwai from Dalny, if he considered the point & material pne.
The Chief Justice pointed out that counsel had got to show that the learned Judge was manifestly wrong in deciding that the letter was probably written for the purposes of that
action.
Hon. Mr. Pollock replied that there was absolutely no evidence of that. It was stated that the letter was received from the manager of the business at Port Arthur, but there was nothing to show that it had.
The Chief Justice pointed out that it was in Chambers that the learned Pusine Judge had refused an adjournment to allow this witness (the writer of the letter) to come down from Dalny They had not appealed and they did not ask for delay when the case came before the Court.
Hon. Mr. Pollock explained that as because they, until the Puisne Judge delivered his judgment, could not tell whether considered the attendance of this man material
or not.
be
Не
The Chief Justice remarked that that was so; apparently they chose to run the risk. must be against appelant on this point If they had appealed against the decision in Chambers it might have been different. He held that, there having been no appeal from the Judge's decision in Chambers and no applicatipu made to the Court at the hearing for adjournment for this witness to be called it was too late to take that point now.
entered the
The Chief Justica then following: - I am of opinion that the learned Judge below did not lay down an proposition of law. As to the facts: As regards
erroneous
(u). I reserve my decision; (b), I declino to upset the decision of the Judge below, the evidence being conflicting and in my opinion stronger for the plainfiffs; (c), This point I consider has no merits in it, (d), I reserve my decision. As regards (2) without prejudi- cing any other case in the Original Jurisdic tion, I hold that the defendant showed no sufficient reason why Shing Kwai was not subpoenaed or asked to come, some weeks before the application to the Judge in Chambers on 15th September to postpone the trial for his attendance, and I would point out that the decision in Chambers was not appealed against, nor was any further application for postpone- ment for his appearance made at the trial of the case. On the whole I postpone the further bearing and my decision till the case in the Original Jurisdiction on the two $2,000 notes is disposed of (No. 107 of 1903) or until further order; the money to remain in Court.
The Court adjourned.
Tuesday, 3rd November.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR A. G. WISE (PUISNE JUDGE.)
A case
AC.ION BY A SOLICITJK.
was called in which G. K. Hall Brutton, solicitor, sned Wong Chi Nam and Lai Kan Sang for the sum of $371,25 in respect of work done and $82 of money spent by plaintiff as solicitor. Mr. F. Paget lett, solicitor, appeared for the plaintiff.
When the case was called, the defendant Lai Kai Sang came forward.
His Lordship-Why did you not go and get this bill taxed as I told you?
Defendant-Because this account is con- nected with several people.
Mr. Paget Hett went into the witness box and in evidence stated that the work was done by himself personally as far back as November of last year. When the case was on on the previous Friday he heard the Court direct the defendants to go down and get the bill taxed He went down with them and showed them the scale, with which they appeared to be quite satisfied. He left them there. When he got back they had gone.
Lai Kan Sang stated in evidence that the bill was divided among five persons.
His Lordship-I cannot help tha'; you can sue them if you like.
Defendant-We are willing each one to pay his share; 890 is each person's share.
His Lordship-I must give judgment for the plaintiff with cost. You can sue the others for their contributions. At present there are two
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[November 7, 1903.
of you who have to pay, Wong Chi Nam and yourself. You would not take my advice, and so you have got to pay for it.
The Court adjourned.
SHANGHAI RACES (AUTUMN MEETING).
STEWARDS:-Mr. R. E, Bredou, C.M.G. Chairman, Messrs. C. Brodersen, F. Govs, D. Laudale, R. Macgregor, H. H. Read, and W. Scott.
FIRST DAY.
Tuesday, 3rd November. THE MALOO PLATE.-Half a mile. Value Tls. 200. Second pony, Tls. 50. If five or more starters, third pony, Tls. 25. For China ponies. Weight for inches as per scale. Entrance, Tls. 5.
Mr. Gre's Manchu Mr. Toeg's Otter
Mr. Carlill's Loot
Time: 59-2/5.
THE CRITERION STAKES.-One mile. Value, If five or Tls. 400. Second pony, Tls. 100. more starters, third pony, Tis, 50. For China ponies. Weight for inches as per scale, Entrance, Tls. 5.
Mr. Bruce Robertson's Gadfly Mr. Fernandos Loch Goil
Mr. Wingard's Algerine ... Time: 2.73.
3
THE CLUB CUP.-Two miles. Value, Tls. 250. Second pony, Tls. 50. If five or more starters, third pony, Tla, 25. For China ponies. Weight for inches as
per scale. Griffins at date of eutry allowed 7 lbs. Entrance, Tls. 5.
!
Mr. Bronson's Bal Mr. Fernando's Discord
Dawn
***
1
Q 3
Mr. Donunchie's Red Time: 4.29 THE MAIDEN STAKES.-Three-quarters of a mile. Value, Tlx, 470. Second pouy, Tls. 100. Third pony, Tls. 50. For China ponies that have never run at any meeting. Weight for inches as per scale. Entrance, Tls. 5.
Mr. Ellis Kadoorie's Somali..... Mr. Speelee's Primo
Mr. H. Bash's Beancake Time, 3.19.
2 3
THE JOCKEY CUP.-Oue mile. Value, Tls. 200. Second pony, Tis. 50. If five or more starters, third pony, Tls. 25. For China ponies that To be ridden by
have never won a race. jockeys who have never had more thau two winning mounts at Shanghai, Hongkong, or Tientsia. Jockeys: Non-winners allowed 5 lbs. ; winners of one race, weight for inches as per scale; winners of two races, 5 lbs, extra. Entrance, Tls. 5.
Mr. John Peel's Steelboy Mr. Hayes's Hiawatha ... Mr. Nephew's Hochheimer Time, 2.8-1/5.
...
3
Tas FAH-WAH STAKES.-One mile and a half Value, Tis. 250. Second pony, Tls. 50. If five or more starters, third pouy, Tls. 25. For all China ponies, Weight for iuches as Bona fide Griffins at date of ontry, per scalo. allowed 5 lbs. Entrauce, Tls. 5.
Mr. Ring's Amphion
Mr. Syndicato's Superior
Mr. Uri's Monte Rosa
Time, 3.20-2/5.
3
THE SHANGuai Gold Challenge Cup.- One mile and a quarter. Presented. Value, 500 guineas. For Chins ponies, being bona- file griffins at date of entry. To be won twice in all by ponies the bona-fide property of the same owner or owners. Entrance, Tis. 10. 70 per cont. to the first pony, 20 per cent. to the second pony, and 10 per cent. to the third pony, until the Cap is finally wou, when the second pony will receive 75 per cent., and the third pony 25 per cent. of the entrance fees. Weight for inches as per scale.
1
Mr. Marius's Angelo Mr. Bronson's Goliath Mr Ralph's Gladiator Time, 2.43-2/5. THE AUTUMN CUP.-One (nile and a quarter
Value, Tis. 200. Second pony, Tls. 50. If five or more starters, third pony, Tls. 25. For China ponies. Weight for inches as per
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