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Eebruary 10, 1906.]-
MC. F. Dixon (of Mr. John Hastings' office) appeared for the plaintiffs, aul Mr. G. K. H. Bratton (of Messrs. Brutton, Hett and Goldring) represented the defendants
Mr. Dixon said the plaintiffs were a firm of merchants carrying on business at 9A, Lower Lascar Row, and the defendants were merchants carrying on business at Bonham Strand, The sum claimed was a balance due to the plaintiffs on account of persimmons after deductiog the commission due to the defendants. The defendants in a letter from their' solicitors ad- mitted having received the 49 crates for sale, but stated that these were received not from the plaintiffs but from one, Lo Ho-ohnen. They say they sold them, and the proceeds were handed to the man from whom they received instructions. That was the only point at issus, and in support of his case Mr. Dixon said he would produce the book of the plaintiff firm containing a receipt for the persimmons.
Ho Sing-kui,~ managing partner of the plaintiff firm, said that on February 15th, 1905, he sent a foki with the 49 crates of persimmons to the Kung Wo to sell D commission. On a subsequent date be heard that the fruit had been sold, and applied for the balance due after the defendant firm had deducted their commission, but did not receive the amount.
Cross-examined-Witness bought the persim- mons àt suction. Lo Ho-chuen was not a salesman in his firm when these goods were bought, neither was he when they were delivered to the defendants.
For the defence Mr. Bratton said that the persimmons were taken to the defendant firm for sale by La Ho-chuen, who received $60 advance on them, and on two subsequent occasions he received further advances, the amount received totalling $149.82.
Chu Shu-pak, a salesman in the plaintiff firm, said he received the persimmons in ques- tion from one, Lo Ho-chuen. He had not previously received goods from Lo Ho-chuen to sell.
Further evidence was heard and the case adjourned.
Thursday, February 8th.
IN BANKRUPTCY.
BEFORE SIR FRANCIS PIGGott (CHIEF JUSTICE).
SMALL BANKRUPTCIES AND COSTS.
The Yu Hee-loong, otherwise the Yee Loong firm, ex parte Lam Chan-leung, creditor.
CHÍNA OVERLAND TRADE REPORT.
debtors have removed these thus making their | assets less by $600.
This was an application for a receiving order Mr. F. X. d'Almada e Castro, who appeared for the petitioning creditor, said the debt was an amount of $500 due on two promissory notes. The act of bankruptoy alleged was that his alient had received notice that the debtors had suspended, payment of their debts. The notice read "We beg to inform you that, with regard to the amount owing to you by our firm, we cannot meet it as business is not in progressive state, and our firm has suspended payment of all accounts." The asse's amounted to $1,500, consisting of $600 worth of goods and chattels, $400 dne from the Hing Lung, Ching Kee and Yik Hop firms, and $500 or thereabout due from various firms and persons in Hong kong. So far as the petitioning creditor could ascertain, the debtors' liabilities amounted to $2,500. Since the filing of the petition his client had ascertained that two firms doing a substantial business at Shanghai were indebted to the estate of the debtors in the sum of over $800,
Mr. Wakeman, Official Receiver-I made inquiries, and believe it is a fact that the furniture and effects left are worth practically nothing.
His Lordsbip-He had better sue them. Mr. Almada They are at Shanghai, and a creditor would not be able to sue there.
His Lordship-This is not a case for suspension of payment.
His Lordship-I don't like these small bank- ruptcies.
Mr. Almada-My client would be placed in an awkward position if this order were not granted, as he would not be able to sua or recover anything.
Mr. Almada-But having suspended, the debtors have committed an act of bankruptcy, therefore, I cannot attach.
His Lordsbip-I don't like these small bankruptcies. The whole of a man's estate is
to in fees and costs, and this does not seem
me to be a case of bankruptcy.
His Lordship-What is the estimated cost in a bankruptcy?
Mr. Almada In a case like this it wouldn't amount at the outside to more than $100 or $200. Mr. Wakeman-I have very seldom seen a bill of costs for $100; they generally approach to nearer $400 or $500.
Dr. Almada As regards the goods and chattels, an order was made for an interim receiver, but since that order was made the
His Lordship-It is wasting the estate. Mr. Almada-Your Lordship might fix the amount of costs.
His Lordship Is there a scale for these small bankruptcies?
Mr. Wakeman-No.
His Lordship-Well, you can take an order.
APPLICATON FOR RECEIVING ORDER. Re Mak Kwai-cheung ez parte the debtor. Mr. A. J. Gardiner (of Mr. O. D. Thomson's office), who appeared for the debtor, applied for a receiving order.
Mr. Gardiner stated that since the petition. had been filed the debtor had assigned his premises at 4, Gough Street and 34, Stone Nallah Sreet to Chan Kat-hing and another for $500. That money, after deducting the amount owing for rent, was in the hands of Mr. Thomson, his solicitor. The debtor's stock-in-trade was valued at $600, his book debís at $600, while about $900 was due on promissury notes and interest,
His Lordship granted the order.
ANOTHER RECE.VING ORDER WANTED.
Re the Shun Wo-shan firm ex parte Chau Wing.
up
Mr. Almada, who represented the petition: ing creditor in this case, said the matter came before his Lordship on December 14th when it was adjourned because the affidavit. on the file showed the amount due to the firm to be $5,500, and its debts $4,500, The managing partner of the firm then garo
evidence that he was unable to collect his debts. and since then no debts had been collected by him. There was a judgment against the firm for over $1,000, and the petitiouing and judg. ment creditors received notice of suspension of payment of debts, The petitioning creditor immediately filed his petition.
His Lordship What have you got to say, Mr. Wakeman?
Mr Wakeman-I don't quite see if the man cannot collect the debts himself how I am to collect them.
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His Lordship-His assets include debts dne from anton.
Mr. Almada—Yes, and if your Lordship does not make an order, the object of the statute in bankruptcy, which is to secure equal distri- bution of the estate among the creditors, will not be available on behalf of my client, and the judgment creditors will attach to the detriment and prejudice of other creditors. I submit that, baving obtained such information on account of this petition, they ought to be placed on the same footing as the petitioning creditor who has, by his diligence, ascertained these assets of them
His Lordship-I have to be satisfied that there is a sufficiency of assets and prospect of a anbatantial dividend.
Mr. Almada-According to the affidavit there will be. If the sum of $3,000 is recovered from the Man Hing-cheong there will be sufficient assets to pay the debts of the firm.
His Lordship-Very well, take an order.
AN ACT OF BANKRUPTCY.
Be Chan Fung-ng and Kwong Chow ex parte Tet Sung-cho.
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had been come to by which the creditors agreec to pocept a composition.
His Lordship There is another petition in connection with this bankruptcy: they had better be amalgamated.
- Mr. Brutton-With regard to bankruptcy No. 4, I submit that the petition is incorrect It is simply signed McEwan, Frickel & Co. whereas it should be signed by the manager for the firm or by the partners.
His Lordship asked what the rules were with regard to the practice here.
Mr. Wakeman said there were none, but he thought they should be bound by home rules.
His Lordship (to Mr. Bratton)—As the petition is on the file I must take notice of it and there must be a consolidation order subject to what you have to say.
Mr. Brutton-If you grant a receiving order to my petition to-day, I think I should get precedence.
His Lordship--Certainly.
Mr. Bratton-I will ask your Lordship to make an order and allow the other petitioner to come in and ask for any order he | Îikes.
This was an application by Mr. G. K. H. Brutton (of Messrs, Brutton. Hett and Goldring) | un behalf of the petitioning ereditor for a receiving order.
Mr. Brutton stated that on January 17th an interim receiving order was obtained and the official receiver was put in possession of the assets which amounted to $15,000 while the liabilities stood at $18,300. An arrangement
His Lordship-I think that would be the best way.
What is the act of bankruptcy? Mr. Brutton- The debtor departed out of the Colony with intent. to defeat or delay his creditors on January 7th.
His Lordship-How do you know he intended to defeat or delay ?
Mr. Brutton-Because he left the Colony, aud we could not find him.
His Lordship-The mere going up to Canton would not be an act of bankruptcy.
Mr. Brutton- But I submit that he must prove he did not leave the Colony with intent to defeat or delay,
His Lordship-How do you show that he left with intent to defeat or delay
Mr. Brutton-He remained out of the Colony at the time of the petition, and came back when the petition was on the file and he knew it was safe to return.
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Ilis Lordship granted the order.
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IN ORIGINAL JURISDICTION:
BEFORE SIR FRANCIS PIGGOtt (Chief JUSTICE).
TRIAL OF ISSUE.
Between Chau Yik-shi, plaintiff, and the Wing Kee firm, defendants.
In this action his Lordship has to decide whether Lau Sin-chiu of the Fung Kat bank, 27, Bouham Strand East, i-, or was, a member? of the Wing Kee firm when cause of action arose, and whether as such he is liable to the judgments herein.
Mr. H. E. Pollock, K.C., instructed by Mr. C. F. Dixon (of Mr. J. Hastings' office) repre- sented the plaintiff, and Mr. M. W. Slade, instructed by Mr. R. A. Harding, appeared for the defendants.
Mr. Pollock stated that this action was commenced on July 7th, 1905, by the plaintiff against the Wing Kee firm for the sum of $8,000 money lent and $640 interest. The action was taken by the plaintiff against the firm as a firm, and judgment was entered for the plaintiff with costs. Costs were taxed under that judgment and on July 26th a summons was taken out addressed to Lau-Sin chiu, the defendant in the present issue, and to one Leung Hok-cho. The application on the part of the plaintiff was for leave to issue execution against them as members of the defendant firm. Leung Hok-cho was since deceased, and the issue to be tried was with regard to Lau Son-obin.
Hong Chang-in. sworn, said he was formerly manager of the Wing Kee firm, who were lessees of the Ko Shing theatre. The Wing Kee began business on July 5th. 1905. He then joined, and resigned on July 12th, 1904, On December 26th, 1903, fresh capital was put into the business. About this time he met the defendant at the Ko Shing theatre; a man named Yune Kuk-obo was with him. They spoke about business, and eventually both inquired about the business of the Ko Shing. Witness said they had secured a fair amount of business, but wanted more capital, and asked Yune Kuk-cho if he would be good