80
SUPREME COURT.
Tuesday, August 7th,
IN ORIGINAL JURISDICTION.
BEFORE SIR FRANCIB P1000TI (CHIEF
JUSTICE).
THE HONGKONG WEEKLY PRESS AND
Thursday, August 9th.
IN BANKRUPTCY.
BEFORE SIR FRANCIS Piggott (ChiEF
JUSTICE).
ADJUDICATED HANKRUPT.
Re Ng Sui-king ex parte Wong Sui, This was an application by Mr. F. P. Hell (of Messrs. Brutton and Hett) for adjudication, and for the appointment of Mr. Brutton as
Mr. Hett said in an affidavit he filed be stated that a receiving order was made on July 26th, and the first general meeting of creditors was held on August 3rd, when it was resolved that the debtor should be adjudicated bankrupt and Mr. Brutton appointed trustee.
A GUARANTOR'S LIABILITY, Two cases were heard in which Mr. G. Hast-trustee. ings, trustee of the property of the Yue Fat Bank, sued Lau Wai-chun, compradore of the Hong kong and Shanghai Bank, to recover the sum of $21,000 for money lont by the said bank to the Wong Fung Company, Wai Quen-shan and So Yu-teai on February 18th, and for the repsy. meat of which the defendant became guarantor: also to recover $10,000 being money lent by the Yue Fat Bank to the defendant on January 12th
Mr. H. G. Calthrop, instructed by Mr. G. Hastings, appeared for the plaintiff, and Mr. M. W. Slade, instructed by Mr. R. F. C. Master (of Messrs. Johnson, Stokes and Master), represented the defendant.
Mr. Blade said his client was prepared to submit to judgment in both suits, as the claims were perfectly accurate. As they had a large counter-claim against the managing partner of the plaintiff firm, he would, however, ask that execution be stayed. The managing partner of the plaintiff firm guaranteed a man named Young Tat-san, of the Hongkong and Shanghai Bank, as a shroff This man absconded with the sum of $7,000, which the defendant, as compradore of the bank, had to pay. The defendant was hopelessly insolvent, and if the plaintiffs went in for immediate execution all they could do was to put him in gaol and keep him there. If the stay of execution were granted it would be to their advantage.
Mr. Calthrop said if the defendant brought an action against the manager of the bank he had no possibility of getting any money as the bank was insolvent. They had been unable to get anything out of the bank mans gor, and it was not at all likely that defendant would.
His Lordship-Have you proceeded against
this man?
Mr. Calthrop-I understand he has absconded. He was one of the partners of the bank of which Mr Hastings was trustee. The bank only paid 15 per cent., and if there was any money to be got out of this man we should have got it. It is over a year ago since the bank was declared insolvent, and this is the first we have heard of defendant's counter-claim find there is a chance of his getting the money it is probable that the plaintiff will be reasonable.
If we
His Lordship said in face of the plaintiff's petition he did not see his way to stay execution, and gave judgment for plaintiff and costs.
IN SUMMARY JURISDICTION.
BEFORE Mr. A. G. WISE (POISNE JUDGE).
A BALANCE DISPUTED.
The Kung Tai firm sued Lau Tak-yuen, man- aging partner of the Kam Tak Ou firm to recover the sum of $242.56 for work done and material supplied.
Mr. R. A. Harding appeared for the plaintiff, the defendant appearing in person.
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Mr. Wakeman, Official Receiver, said he had no objection to the granting of the application but the debtor had absconded and a warrant had been issued for his arrest.
The application was granted.
PUBLIC EXAMINATIONS;
Re the Kwong Yu Yee Hop Kee ex parte the debtors.
This was a public examination conducted by the Official Reserver.
Sz Ko-wan said he was a partner of the bankrupt firm of 284, Des Voeux Road Central which carried on business as flour and Califor nian merchants. His partner was Li Wing kwong. He could not say how long the busi ness had been in existence, but they took it over some ten years ago, when it cost under $10,000. Debtor received a deed of transfer, but lent it to one of his fokis, and could not say what had become of it. At the end of last year, when they removed to new premises, the fokis, thinking the old books were of no use sold them. To whom he did not know.
His Lordship-How much did they get for them?
Debtor-I don't know.
[Angust 11, 1906.
he was obliged to sell it for the benefit of creditors, failing which he could be committed for contempt of osart.
His Lordship said he felt satisfied that debtor was the owner of the property, but would lika to hear the evidence.
Mr. Grist said he would call it later. Dabtor, continning, said another lot of pro- perty in Canton belonged to his son,
He had nothing to do with it.
Mr. Grist-Where did your son get the money to buy it?
Debtor-From his mother.
Mr. Grist-And where did his mother get the money from you?
Debtor-No; she won it in the Waishing lottery.
Mr. Grist How much did she win? Dabtor-About $10,000.
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Mr. Grist Did she have several wins ? Debtor—Yes, she was very lnoky,
In reply to further questions debtor said he was not a partner in a number of businesses in the Colony.
The examination was adjourned sine die in regarding debtor's property. order that further inquiries might be made
Ra Elizabeth Bamsay ez narte the debtor. Mr. E. J. Grist represented the debtor.
and lately carried ou
Elizabeth Bɩmany sail she wis a widow, a boarding house at No. 56, Caine Road. In June, 1994, she opened
a boarding establishment at Morrison Hill.
Subscriptions raised for har totalled $2090,
out of which the house was furnished, learing her $300 in cash. She was at Morrison Hill
Road for six months, but the business did not Day from the beginning. After loving Morrison Hill she opened at 36 Cain › R›ad but this business was not navable. She never had more than four boarders at a time, and latterly only two. Her debts totalled $6,300, the creditor being the Woo Chau, compradores. She owed this firm 3600.
The examination was closed and debtor adjudicated bankrupt.
Ra Leane Chiu ying ex parte the debtor. Mr. F. X. d'Almada e Castro represented the debtor.
Continuing, debtor said he was insolvent at the beginning of this Chinese year, when he owed $100,000. That was not the reason the books were sold. As some of his creditors
Debtor said he had owned a fishing jauk brought actions against him to recover debts, for three years, but did not take command he thought it better to go into bankruptcy in until last year. Prior to this he had kept a order that all his creditors might get a dividend.
fish shop at Sowkawau for ten years. At first The shop sustained losses in the sale of flour this business was profitable, but later debtors year after year. After filing his petition the absconded without paying their debts, so he whole of his local creditors advised him to
closed the shop and went to ses. His junk ost withdraw it. They told him he was their goods and Sk was spent on repairs. He had a friend. He was urable to say what percentage he could pay if the petition were withdrawn.
The examination was adjourned.
Re Wong Yik ez parte the debtor. Mr. E. J. Grist (of Messrs. Wilkinson and Grist) represented several creditors.
Wong
large number of dabta due from fisher-
m90,
which he made efforts to recover, bu' was always put off. Yesterday, when the ffi »i«l Receiver sent him to try again, they promised topay, and they would pay because the Recoivers
notices were effective.
His Lordship closed the examination, anl on the application of Mr. Almsla adjudicated the debtor bankrupt.
CANTON.
FROM OUR CORRESPONDENT.]
August 4th.
Yik said he was a travelling trader. his office being at 321 Queen's Road Central. He dealt in indigo dye He went bankrupt because his partner brought an action against him. Debtor and two others were the owners of houses in Third Street, he being the owner of ous-third of the property. There was a firet He mortgage of $20,000 on the property! received and used $18,000 out of this, There was also a second mortgage for $35,000 raised
A CANTON SHOW PLACE CLOSED. in order to pay off the balance due in connection The court at the entrance of the Kwan-Tai with the security. He estimated that he would Temple now used as a police station is occupied only have to pay $11,00 out of the $85,000. by numerous sideshows, such as panoramas, No arrangement was come to for his release by curious animals, Chinese marionettes, etc.; there the mortgagors. There was a third mortgage are also numerous eating stalls, dentists and for $18,000 on his share of the property, which fortune tellers The place is daily crowded by he gave his partners. He had not received the idlers and children. The renting of the ground has hitherto been a source of income for the money, because when he used the $18,000 on the first mortgage he had to give his partners bead monk. Viceroy Sham has decided that a promissory nota for $9,00 each. His these shows are not conducive to order being property was still worth a little, as his partners maintained and has issued instructions to the owed him over $14,000. Debtor had no pro-chief superintendent of police to have the
square cleared within ten days.
Mr. Harding said the action was brought to to recover a balance of account for contract work done in connection with Rennie's flour mills in the New Territory. The total amount of the contract was $1.195 60, and his client had received on account $953.04, leaving the amount claimed due. The defendant was sued as manar.perty in China; in 1904 he divided it between ing partner of the defendant firm, and because! his sons.
He he had received from Mr. Rennie $43,009. had not accounted to his partners for part of this money.
The order was given to plaintiff by d-fendant.
Defendant stated that his firm owed the amount claimed. Another partner made the arrangements in connection with the work, but sometimes he made payments to plaintiff.
After hearing the evidence his Lordship gave judgment for plaintiffs with leave to issue immediate execution.
i
By Mr. Grist-About 20 years ago debtor bought property in Nam Shua village to the extent of $3,000. Then he erected a house thereon which cost $4,000. When he became ill the trustees of the ancestral fund advise bim to hand the property over to his sons to look after. He signed a deed when he made the property over.
Mr. Grist said he could call evidence to show that the property in Canton belonged to the debtor, and according to the Ordinance
CHINESE ETIQUETTE.
A military tutor accompanied by several students met a local official and his escort in one of the streets of Canton the day before yesterday. Neither would concede to the other the right of way (which under the circumstances belonged to the official as he was in a chair) and a row ensued, during which the military tutor drawing his sword wounded two or three of the mandarin's escort. The case has been referred to the Viceroy, but H. E. has not yet. given his decision.
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