Page
236
Proceeding, Mr. Harding said the plaintiff applied for his things, but defendant refused to give them up. There was a quarrel in which his ollent was assaulted and subsequently both parties were taken to the police station and ined $1 apiece. Plaintiff applied again for his goods later, but defendant refused to let them go and gave plaintiff, in charge for attempting to rob him.
THE HONGKONG WEEKLY PRESS AND
+ - fter bearing the evidence, his Lordship mid he had not the slightest evidence before him with regard to the claim for wrongfully depriv. | ing. With reference to the return of the goods, | the plaintiff had them all except two books and he ought to be very bappy that he had his 895. He was a very lucky man indeed. The receiver would be discharged, and there would be judg. ment for defendant and costs.
Wednesday, 10th April.
BEFORE MR. A. G. WISH (PUISNE JUDGE.)
IN SUMMARY JURISDICTION
CLAIM FOR MONEY left,
The case was concluded in which Ho Yee sued Ip Chek po to recover 8300, money lent on December, 17th.
Mr. R. Harding appeared for the plaintiff, and Mr. Otto Kong Bing for the defendant.
Mr. Harding-I understand my friend has subpoenaed the Bank, but I don't know what evidence they are going to give.
Mr. Kong Sing-Neither do I. His Lordship-I know what they onght to gire.
Mr. E. O. Murphy, clerk in the Hongkong and Shanghai Banking Corporation, said the defendant withdrew $1,000 from the Bank on November 23rd.
His Lordship was of opinion that there was no case for the defendant to meet, and entered judgment and costs on his behalf.
Thursday, April 11th,
IN BANKRUPTCY.
BIFORE SIR FRANCIR Piggott (Chief JURIICK).
APPLICATION FOR ADJUDICATION,
¦
|
|
(Apell 16, 1902. Mr. Holmes I understand $500 will be Mr. O. F. Dizon (of Mosers. Hastings handed over to the Receiver.
and Hantings) appeared for the plaintiff, and His Lordship-But a salary of $40 a month | Mr. F. P. Hett (of Memes. Bratton and Hett) won't go far. I don't ass where your substantial | for the defendants, dividend is to come from.
Mr. Holmes applied for an adjournment to arrange matters. Granted.
CHUNG AHUN-KOO'S AFFAIRS,
|
Re Chung Shun-koo ez parte Sam Che-chuen, Mr. R. F. C. Master (of Memra, Johnson. Stokes and Master) applied on behalf of Chung Ching-kwai, brother of the debtor, for the return of $2,200 which wa‹ paid to the Official Receiver to prevent the isle by auction of certain property h donging to the debtor. Mr. Master did not know whether Mr. Looker meant to oppose the application, but he hat given that gentleman notice of his intention to apply. In September last, after receiving order had been made, there was interest on a certain mortgage on property at Kowloon in arrear, and the mortgages instructed Messrs. | Hughes and Hough to put the property up for sale. On the morning of the sale the debtor's brother went to the Official Receiver | and paid $2,200 to clear the interest and expenses of the sale in order to prevent the property being sold. The declaration on the file, said the debtor's brother, had no intention of parting with his money without security, and Mr. | Wakeman gave Chang Ching-kwai to under stand there would be a sort of security—a | charge on the proporty.
His Lordship-I understand it was paid as a special advance to the estate. It was to come
out of the eslate.
|
Mr. Dixon stated that the four defendants and the plaintiff lived at Shatiu where, dur- ing the typhoon of September 18th, á s08- wall used to prevent the son from encroaching ou the paddy fields which ran siŊng the shore was very seriously damaged. A meeting was held by various owners of paddy folds in the neighbourhood sad it was decided that the sea- wall should b、 repaired. The superintending of the work and the employment of labour were left in the bauds of the plaintiff who employed s contractor. An agreement was signed by the plaintiff, the four defendants and others wherein it was agreed that the seawall should b› rɛpa'red by the owners of paddy fields, the expenses being horne according to the size of each man's plot. The work was carried out at a cost of $500, and the proportion dus by the defendants in respect of the paddy fields belonging to their family wa› $316,54, Two-thirds of this amount, $211,02, was the defendants' share, but their mother had paid su amount of 84) on secount of the indebtednem, leaving the amount ofaimed, $184 36, still dus.
Plaintiff was then osiled, and proceeded to tell such a far fetched story that his Lordship threatened to send him to jsíl. Mr. D'x ›ñ withde w from the case, säd judgem¬nt was entered for defendants with costs,
THE MONEYLENDER AGAIN, Chinda Singh sued F. M. X. Souss and Un Wai-po o recover $250 das on ■ promissory
Mr. Master-Yes, and the only objection | note. that can be taken is by the creditors. I don't think there can be any great objection, wise Mr. Looker would have bega here this morning.
cher.
His Lordship-This realy does not come into the bank w
Mr. Blasterin
an exceptional circums- Lance.
An aivance after the bankruptcy. His Lordship-Has the property been sold? Mr. Master1t was sold last Jannery. In reply to his Lordship Mr. Kemp sd he had no objection, and suggested that the application might come under section 33, sub- section IA of the Ordinance, which dealt with "actual expenses incurred by a reosiver.”
His Lordship (after reading)—Yes, that is the section. The money was advanced to the receiver, not to the debtor. You (Mr. Master)
The King Yue Tai firm ex parte Lo Sing can take your order. Sam.
Mr. J. H. Gardiner (of Messrs. Brutton and Hett) who appeared for the debtor firm, applied for adjudication, and for the appoint- ment of Mr. Kemp as trustee of the estate. The speaker attended the first general meeting held on March 28th when no resolution was passed and the meeting was not adjourned.
The application was granted.
THE LONG HING BANKRUPTCY.
Re Long Hing and Co. ex parte Choi Chu-Sang.
Mr. F. X. d' Almada e Castro, who repre- sented the petitioning creditor, applied for a receiving order. The debt for which the petition was filed was $500, balance due on & promissory note, and the act of bankruptcy was Lotice suspending payment of debts.
His Lordship What are the assets ?
Mr. A'mada--The assets consist of about $5,000 or $6,00, and the liabilities are about $14,000. An interim receiving order has been made, and the interim receiver has certain monies in his possession already.
Application granted.
NO SUBSTANTIAL DIVIDEND. Re Ho Ping... ¡u ex
ate the debtor. Mr. H. K. Holmes for the petitioning order. The declaration of the debtor showed that his liabilities amount to $ 7,03'. Of this, how. ever, 83,280 was liability as surety which might or might not have to be paid. His assets would amount to a sum of $500 cash, which certain relatives agreed to pay. Debtor also received a salary of $40 a month.
have
His Lordship-The assets are not enough. Mr. Holmes→Similar applications been granted where the only so uros from which ̈the oreditors were likely to receive any divi-
dend was the debtors' salary.
Mr. Kemp-The creditors in this instance are not likely to get five per cent.
MIGHT BE REQUIRED.
Ro Wong Sau po and others ez parle Wong Cheung oi.
Mr. R. Harding made application for the return of deeds lodged as security for the appearance of Wong San-po at his public examination. The deeds were lodged by a man called Wong Hing-shun.
His Lordship-1 have decided, that if there is any chance of his appearance being required, the security must stay.
Mr. Harding-1 submit there is not the slightest chance,
Mr. Komp-Mr. Wakeman objected to the return of the security on the grounds that the debtor has not been discharged.
R. A. Harding appeared for plaintiff, and Mr. F. X. d' Almada » Castro for the defendant.
When the note was drawn up it was signed by the first defendant and witnessed by the second, who wrote his nam、 in Chinese. The plaintiff admitted that he did not know what the second defendant wrote, but ba took the noted another Indian who advised that the nots should have started “We jäntly and severally promise to pay Then the plaintiff took the note back to the first defoddsat and asked him to alter it accordingly. This wwɩ done, but the alteration was not initialled.
When the evidence had been heard Mr. 'Almada consented to judgment on b›half of the first defendnat, bat asked that he be allowed to pay off the amonat in insfaiments,
His Lordship gave juʼgment against the first and ordered him to pay $5 a month. H、 also entered judgment for the second defendant, and calling the plaintiff bafore him, told him he had seen him often before, and knew him to ba one of the extortionate umrors who obarged exorbitant rates of interest. (In this insta009 the rate was about 100 per cent.) He recognized this particular moneylender notwithstanding that his whiskers were tied up, whereas previously they used to bang down. (To the Interpreter) Tell him to go away.
Friday, April 12th.
IN SUMMARt JurisdicTION,
Mr. Harding- has since been discharged. BEFORE Mr. A. G. Wish (Puisna Juden). His Lordship-Bat a debtor whose dis- charge is suspended can be required to come up. Mr. Harding-H1 might be, but the proba bility is very remote.
His Lordship-Wasn't there a condition with regard to subsequent asraings ?
Mr. Harding-I don't know, my Lord. His Lordship (to the Uficial Receiver)—If
don't want his asistanos any more—– you
Mr. Kemp-I can't say I will not, Mr. Harding-He might want his appearance ten years hence.
His Lordship-But this is only during the period of his suspension. The Receiver can report to me within two months.
IN SUMMARy JurisdictION.
BEFORE MR. A. G. W188 (Puisku JulGE).
FAMILY TROUBLER
Chan Lai-chan brought action against Chan Chun-lee and others to recover 3:84.88 being balance das for work done.
SOLDIERS- JA EETS.
Ramsin Khan, a private of the H.K.S.B. R‚G.A., sue ! Mak) an. to recover $6, the prios of a bed sheet lost by the defendant. Bhofu Kham a unit of the m›me regiment, sought to recover $12 for two sheets which the defindant lost.
Defendant admitted losing one shout. His Lordship—Did you lose three sheets ? Defendant-Yea
His Lordship-Now the question comes down, to the value of the sheets. I'am perfectly şertain from my own experience that soldiers' sheets, don't cost $6 apiece. (to first plaintiff) How do you make the price of a bed sheet 88P-Wo paid nine rupees.
Where did you buy them ?—In India. His Lordship -I'll get them here for you at $2 and make a profit out of that.
The Judge's clerk explained that the sheeting cost sixty cunta a yard.
His Lordship (to the Interpreter)—Just toil | them I think they must have very long beda.
First »jaintif➡-l'ho shoots are lined with