in due time and eventually defendants refused delivery Some of the goods arrived on 20th Maroh and the last lot on 2ng June. When the last lot arrived the defendants refused to shop the delivery book, and plaintiffs had to cancel the order at home. Of the first two lots, which arrived in due time, defendants refused to take delivery because of the qua ity of the goods. He intended to call Mr. Douglas to speak as to the quality of the goods.
Mr. Hastings said he thought the question was not one of quality at all but of delivery in time.
Mr. Bonner contended that it was defendants who cancelled the contract by refusing to take 'delivery.
Mr. J. T. Douglas, marine surveyor, deposed that he had examined about 200 coils of this wire rigging. It was in pretty bad condition.. When he examined it, the gire had been lying outside exposed to the weath or from four to seven months and must have deteriorated.
Cross-examined-It was unfit for rigging purposes. A great deal of it was fit for making nails.
After other evidence had been heard, the oise was.adjourned.
CLAIM BY Arnhold. KARBARG AND C1⁄4 A suit was called in which Messrs. Arnho`d,. Karberg & Co. sued the Wing Tai, 50. Des Voeux Road Central, for $293.21, being dimages sustained by a breach by the defendants of a contract for the purchase of cases of tobacco, dated 31st July. 1902. Mr.
W. Looker of Messrs. Deacon, H. Looker & Deacon, solicitors, appeared for the plaintiffs, and Mr. G. K. H. Bratton for the defendants
Mr. Looker asked for permission to amend the writ by making the name Wing Tai into Wing Tai Lung Kee.
Mr. Brutton raised no objection, and the amendment was made,
Mr. Looker went on to say that this was one of those cases--they might almost call them China New Year cases-of a firm changing its name in order to avoid paying its debts Messrs. Arnhold, Karberg & Co. sold 20-oses of tobacco to the Wing Tai firm and it was taken delivery of and some amount was paid on account. The firm owed his clients still the balance that was being sued for. They had kept pressing the Wing Tai to pay and were put off from time to time by the partner with whom they had been dealing. The Wing Tai afterwards asked for an allowance, bu. tha plaintiffs said they could not give an allowance. Then one day plaintiffs noticed that he name
• of the shop had been altered from Wing Tai to Wing Tai Lung. Kee, and they were told that it was a new firm. Apparently what had taken place was that a new sign had been put up and the people of the place said it was a new shop and was not responsible for the o'd debts. Plaintiffs could not prove the
between the
and the new shops: they could only submit that things were not done in the way they ought to
transaction
what
old
was
have been done, and the inference was that they were really the same firm.
Evidence was then taken; the defence being that the new firm had no connection with the old shop and knew nothing about the contract,
His Lordship gave judgment for the defend. ants, with costs.
CRICKET.
A.0.0. V. CIVIL SERVICE C.C.
This League match was on the 9th inst. played on the 'Cricket Gronad, 88 its importance in the decision of League honours this year entitled it to a prominent place in the season's fixtures. The A.0.C. entered the field with 8 wins and one loss to their credit, the Civil Service with 5 wins and a draw. Though the A.O.C. had lost the previous match with the Civil Service, they were looked on as probable winners, and not once did they give their supporters any anxiety. Winning the toss, Capt. Davies sent in Sergeant-Major Webb and Corporal Lilly white, tuo latter a descendant or connection of the celebrated Buss I cricketer. Lilly white left when he had made 19, but Webb continued to bat excellently and received most vigorous support from Capt. Davies, who hit up 63 in short time. The innings was declared
|
THE HONGKONG WEEKLY PRESS AND
closed with the total at 180 for 4 wickets, Webb being not out 82. The Civil Service fielding was not good. When the Civil Service went in it was seen at once that there was only one team in the game. 3 wickets fell for one run and, though Witchell got into double figures, his 11 including que hit out of the ground, 7 were down for 17. Then Woodcock joined Lamble, and a plucky stand was made, both men showing a resistance to the bowlers which had not been seen yet. The effort Was too late, however, and the innings only amounted to 49 when the last wicket fall. Witohell, Lamble, and Woodcock between them scored 40; the other eight men put together 3 runs. Bradford's straight bowling: was too much for them. This win gives the A..Ca tremendous lead in the League table. Scores -
'A.O.C.
Sergt. Major T. Webb, not out. Corul. Lillywhite, a Deveney, b Lander Capt. Davies, 1.b.w., b Lamble Sergt. Skinner, c and b Lamble. J. Robinson, o Jackman, b Lamble
82
19
63
0
6
Extras
་་་
10
18*
Total (4 wickets) Tunings declared. H. Turner, A. E. Hatwell, €. Rutter, E. Bradford, T. 8. Bromley, and W. T. Burgess did not, bar.
+
CIVIL SERVICE C.C.
A. G. M. Fletcher, b Bradford
H. F. Jackman, o Rutter, b. Davies J. Deveney, b Bradford
1
Dr. J. M. Atkinson e Robinson, b Bradford
0
R. Witchell, o Webb, b Davies.
11-
P. T. Lamble. b Bradford
18
R. Ponsonby, b Bradford
0
L. E. Br-tt, b Bradford
0
G. A. Woodock, b Turner..
J. T. Robbins, c R binson, b Turner J. Lander, not out ....
0
1
Bxtras
6
Total
49
(January 16, 1904.
now separated from the others and chose to sail on towards Channel Rocks, while Kathleen and Min preferred to hold across the tide. to the Hongkong shore: A's the latter neared the island it was seen that Erica had lost considerably by her choice of course, and shortly after it became clear that Colleen had also dropped behind. The latter was at one time sailing in a nice northerly breeze, which would have put ber ahead if i had lasted. The markboat was, however, in an easterly breeze, and Colleen lost ground in crossing from one wind to the other. The mark was rounded by Kathleen first, with Min about a minute behind, followed by Colleen, Erica, Bonito, in the order named. As the yachts neared Channel Rocks the wind backed to the north, necessitating a tack. Order at the Rocks was unchanged, and the intervals between boats unaltered. The ran to ust Rocks Buoy was decidedly uncomfortable, as the yachts kept running from the northerly into the easterly wind and back again, a gybe being necessary at each change. At the Cast Rooks it was seen that Min had pulled up on the leader and was now only some tea seconds behind. After the tara there was for the first time in the race a difference of opinion between the helmsmen of Min and Kathleen as to the best
to be sailed: The latter preferred to make straight for the Hongkong shore, wh la Min was put about and siled on the starboard tack for some distance. When they met agaiù Min crossed Her triumph Kathleen by about 5 yards.
course
A
was, however, shortlived, as shift of wind put Kathleen ahead again on the next Min never tack some three minutes later. regained her
and lead оп the beat, Kathleen reached the markboat 30 seconds ahead. The remainder of the class were some distance astern. The wind was now blowing fresh from
ROYAL HONGKONG YACHT CLUB. the eastward, and the reach to Channel Rocks
CHAMPIONSHIP RACE.
The sixth club race in the championship class was sailed on Saturday last in a moderate easterly breeze, which held true throughout The course was round markboat in Quarry Bay, Channel Rooks, Cust Rocks Buoy,
Quarry Bay, gad
the race.
markboat in
Channel Rocks.
Elspeth made a clever start inshore on port tack, and gained considerably thereby. Dione, Vernon, and Aileen chose the windward end of the line, and as they crossed the line at gunfi e
Korea bearing straight they found the 8.8. down on them. The yachts. were on the starboard tack and held their course, but Dione in the windward berth, and therefore nearest the great steamer, had to bear away to avoid The steamer passed between being run down, the markboat at end of the line and the Polica Pier, a most dangerous proceeding in the circumstances. Before Hunghom Point was reached Dione, which had worked into the leading position, and Vernon had deprived At the point the two Elspeth of her lead. leaders tacked and stood over to the Hongkong shore, and when Vernon tacked again she passed ahead of Dione. The latter was never able to get on terms again, though she pressed. Vernon hard, and a fast sailed and well contested race ended in favour of Vernon,
Vernon only requires one more win to secure the championship
ONE-DESIGN CLASS.
The one-design class sailed their sixth club race on Sunday in an easterly breeze which varied between light and moderate during the afternoon. The start, against the tide, was a good one, Min being on the line at gunfire, and no boat more thau a few
seconds late in crossing. Min went about 8000 after he start, and succeeded in crossing Colleen by the narrow' margin of six inches. Kathleen and (Folleen held on towards the shore, on reaching which Kathleen went about and cleared Colleen's bow by a few feet. Colleen in her turn crossed Min, who appeared to have lost by keeping a little too far out in the tide- way. Erica was meanwhile working up the centre of the channel towards Meyer's Pier. Bonito followed the leaders up to East Point. Here Kathleen had a lead of something under a mina:efrom Min and Colleen, who were sailing in close company. Bonito was not sailing well, and was already some distance astern. Colleen
was a fast one. After runding the Rocks Min slowly but surely drew up on. Kathleen, and two hundred yards from the line was only half a length behind. She could gain no more, and Rathleen won the best-contested race. of the season by 5 seconds, less than a boat's length.
HANDICAP CLASS.
The wind just suited Chanticleer, who won easily on time. Iris, in spite of a new suit of sails, did not appear to be going well, while Doreen showed much improved form. Alannah secured second place
Vernon Dione,... Aileen Elspeth
Times for Saturday.
H.
M.
F.
3
45
3
47
3
57/ 40
3
·59*
00
Times for Sunday.
Kathleen Min Colleen Erica Bonito
3 48
00
3 48
05
3
56
05-
56 50
H.
Alannah Chanticleer 4 Iris Doreen Gloria Payne
I
4 20
4
9 8 18. 22
4 2 43
4
4 37
Corrected
M. 8.
3 54 50 (2)
3 51 45 (1)
3 57 55 (3)
3 59 35
ROYAL HONGKONG GOLF CLUB.
The following cards were returned at the. quarterly meeting held from the 9th to the 11th Jaunary:-
MCEWEN Cup.
Mr. H. C. T. Dowding... 86 Hon. G. Stewart Mr. J. Johnstone Dr. J. K. Raymond Mr. J. Douglas Mr. A. U. Campbell Mr. N. J. Stabb Mr. A. C. Butt Mr. C. E. IT. Beavis Mr. C. W. May Mr. L. J. Grist
€78
81
86
81
90
81
82
89
- 82
94
12
97
14 83
84
0
89
.5
89
3
: Mr. P. R. Scott
95
Mr. J. Stodard
98
12
3828815182ng
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