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January 11, 1908.]
and $2,000 respectively, as soon as they had been informel ly the Kin Hing firm of the said telegram from the defendants; and on the 12th day of February, 1907, the Kin Hing firm uly oredited the Fang Yuen and Tai Hing firms in their respective current accounts with the said Kin Hing firm with the sums of $3,000 and $2,000 respectively, and the Fung Yuen firm and the Tai Hing firm thereupon credited their accounts with the Wing Fang firm with the sums already mentioned, and the Tai Hing firm on the same date, at the request of the aid Wing Fung firm, paid to the latter in orsh $45.78, being the difference between the $2,000 so credited and the $1,954.22 so owing by the Wing Fung firm. The defendants admit that the plaintiff did, on the evening of the 13th February, 1907, demand repayment of the $3,000 and that the defendants refused.
Evidence was then heard, and the hearing adjourned.
IN SUMMARY JURISDICTION.
BEFOET MR. A. G. W188 (PUISNE JUDGB),
་
AN AMAH'S CLAIM.
Another Money Loan Association case came before his Honour yesterday when Cheung Tai-koo brought action against Lan Ming, the manager of the Association, to recover $11. There was a cross-ation by the defendant in which he claimed $35.85, for goods supplied. Mr. F. X. d'Almada e Castro (of Messrs. Almada and Smith) anpeared for the plaintiff, and Mr. P. W. Goldring (of Messrs. Goldring and Barlow) for the defendant.
Plaintiff said she was the last person entitled to draw from the Association, and she had asked the defendant for the amount due to her on several occasions. He paid her $9, leaving a balance of $11, due and owing. She had not received any further payments from the defendant during last
being year, employed at 9, Hollywood Road, and living there. Plaintiff did not tell the defendant to supply her daughter or son with food, as both had employment, She denied owing the defendant $35.85 for meals supplied,
then
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CHINA OVERLAND TRADE REPORT.
His Lordship-How many members are there in the Association; not above the proverbial twenty, I suppose ?
fourteen.
Mr. Almada-Fifteen. Plaintiff-Eighteen, but the book Crom-examined by Mr. Goldring witness denied having received $27 40 from the defend- ant. She had never boarded at his place, and it was not a fact that the majority of amaha in the district where she was employed went
home at night.
Lu Ming Faid he resided at 44, Staunton Street, and the plaintiff lived with him. Не supplied her son, daughter and nephew with food at her request, After deducting $10 paid him by plaintiff on account, the balance due to him from her was $25.85. The book put in was bis Money Loan Association book, and the plaintiff signed it when she received $27.40 in fall discharge of her claim,
Mr. Almadi-Was not Cheung Tai-koo the last person to draw in your Associatina P-No.
And you have paid ber the amount she drew ? - Yes, in full.
Have you a lioane for hawking vegetables ? -No, I don't hawk vegetables. f travelling trader.
8 m a
After hearing farther evidenca his Lordship allowed judgment for the defendant on the original summons, and in the cross-action he gave him judgment for 23.86, the amount dat hy Cheung Tai-koo, He did not think she should be called upon to pay for the food supplied the other three persons.
Thursday, January 9th.
IN SUMMARYy JurisdictiON.
BEFORE HIS HONOUR MR. A. G. WIFE (PUISN JUDGE).
A CROSS ACTION,
Yau Loong sued Dang Ches and Co. to recover $984, being balance of account owing to them by the defendants for goods sold and delivered. A cross summons was brought by
Dang Chee and Co, against Yau Loong to recover $551.73, being the equivalent of £50, the amount of damage suffered by the plaintiffs by reason of the defendan's' breach of contrast for the supply of 200 casks of gin zer, the con. tents in the casks supplied not being accord. ing to sample. In the first action (No. 1653) Mr. R. D. Atkinson (of Messrs. D 1aoon, Looker and Dasoon) represented the plaintiffs, and in the counter claim he representel the defendants. In the second sation (891)_Mr. P. W. Goldring (of Messrs. Goldring and Barlow) appeared for the plaintiffs, who were defendants in the first action and represented by the same solicitor.
His Lordship -Can the two actions be taken together ?
Mr. Goldring - I'm going to ask for so adjournment.
Mr. Alkinson- I must oppose it.
Mr. Goldring-My reasona are that my olients' executors admit $133 as due. The managing partner has coased to be managing pirtner, and I have had considerable difficulty in getting any instruotious. I would ask for an adjournment on what terms your Lordship thinks fit. There is no question of the matter being settled before Chinese New Year.
Mr. Atkinson-The gulamons has been adjourned from Friday to Friday for the last
two or three weeks,
His Lordship-They will have to pay for all that.
Mr. Atkinson-I would ask your Lordship to give judgment in action 1633.
it
Mr. Goldring-I have no objection to that your Lordship will geant a stay of execution for fourteen days.
His Lordship-How long do you want the second action adjourned?
Mr. Goldring. It can be taken in Friday's list. I want to see the late manager, who is in Cantor, and to get a cheque to pay in. The case practically resolves itself into an issue as to whether surveyors reports are acceptable from home.
I
His Lordship gave judgment and costs for the plaintiff in ac ion 1653, and stayed execution until Tuesday when action 1891 will be heard.
A DISPUTED CONTRACT,
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ane, sent under
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registered cover, again demanded delivery, but had not been complied with, and thus the plaintiffs were compelled to bay oil for the sub-contractor at a loss. The price of oil during this tims had been steadily ri.ing.
After hesring the evidence his Lordship allowed judgment for plaintiffs with costs.
RICSHALESS HONGKONG.
RICSHA COOLIES STRIKE.
Considerable inconvenience was caused the general public on Jan, 6th by reason of the fact that all the public riosba coolies on the island went on strike. By a curious coincidence the tramway service was dislocated at the same time, and it was at one time foared that the coolies ΠΑΓΟ responsible for this. Sach was not
the oase, how. ever, for a diw W24 found in a cable at Winohai. and when this had been attended to the trams were once more set in malico. T'he riosha trouble is between coolies and ms«ters, and Chiness subsidiary ooin is said to by at the root of the strike.” Owners of riosbas are required to pay the Governmɔat a licauce fee of $72 a yur, and this in the legal tender of the Colony. Rio has are hired out to the coolies at from 35 to 45 cents a dɩy, and 50 onts for the now riosha. The bulk of the coo'ie's faros is paid in Chinese coin, an it is in this coin that he pays his master's hire. Ol account of this the owners of vehicles on th› island decided recently to increase the hire of rioshas by four cents, giving as a reason that they lost a oɔn- siderable sam by converting the Chinese cola into Hongkong dollars to pay licence fees. When this information was made known to the coolies they promptly went out on strike, and on Monday publio ricshss were not to bi had in the city.
It seems strange that the owners should bs making this plea at this time of day, useing that the discount on subsiliary coins, both opper and silver, is lower than it has beɔa for the past three years at the least. Six months ago the discount on the Chinese 20 cent the Hop Fook Cheung to recover the sum of piec s it was $93). On the Hongkong 20 cent The Nam Wo firm brought action against pieces was nearly $9 per cent; on the 10 cent $204 18, amount of ascertained and liqui ated piec s the discount was $7.50 per cent; and on damages and loss sustained by the plaintiffs by The 10 cent pieces, $7.65 per cent. On Monday reason of a breach of contract by the defend-the discount on these coins was : ante, dated November 6th, to sell to the plaintiffs and deliver within seven days, 500 ting of Swatow o at aels 11.7.3 per piou', and which the defendants failed to deliver. Immedist ly after the contract the market price of the said oil went up, and the plaintiffs were compelled by the defendants' breach of contract to buy similar oil elsewhere at a higher price, and sustained a loss of $204.18. Mr. Dizon (of Mr. R. A. Harding's office) appeared for the plaintiff, and Mr. Sargant (of Messrs. Wilkinson and Grig') for the defendants.
Mr. Dixon informed the Court that there was a clauso in the contract which stated that if the goods were not taken delivery of at the stipulated time they would be sold by auction. On the 6th November defendants said they could deliver the oil required by the p'aintiffs, and on the 10th, when again interviewed, they promised to deliver it in a few days. On the strength of this the plaintiffs entered into a sub-contrat. and Inter deminded of the defendants delivery of 50 tins ander that con tract and 301 tins under a former contract. De- fendants agreed to deliver the 500 tins if plaintiffs would take delivery of the 3 0 tins. Plaintiffs agreed, and the 300 tins were forwarded and paid for. ̈hen defendants wanted more time in which to deliver the 500 tins. On the 14th plaintiffs received a letter from the sub-contractor d-man 'ing delivery of 500 tias. On the 17th plaintiffs again applied to the defendants for delivery, and again on the 21st, when the def ndasta said they would deliver in two days' time, as they expected a steamer to arrive with oil. On the 22nd plaintiff's received another letter from the sub-contractors demand- ing delivery and threataing proceedings. On the 23rd the defendants' fɑki offered to deliver 200 tius and pay a small compensation for not delivering the other 30 tins. A letter was written to defendants informing them that plaintiffs would not accept this, and a second
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$4.10 per cent 4.50 per cent. 3,8) per cent. 4.00 per cent.
Chinese 20 cent pieces Chinese 10 cent pieces Hongkong 20 cent pieces Hongkong 10 cent pieces From this it will be seen that if the notion taken by the owners was for the cause stated, it should have been taken months, or even years ago. Another alleged caus; of the strike is the introduction of the new rubber tyred riosha,
Ihese vehicles with their white overed seats i have been greatly appreciated by the general public, and of course, have relieved those owners who are without them of a considerable sbare of the public patronage. The proprietors who have not yet provided up-to-date vehicles have resort- ed to the plan of covering the second class rioshas with white covers, and this additional exp use, it appears, they decided that the pullers should share with them, hence the reason for the increased hire.
Whatever the cause for the additional levy, the coolies were not prepared to pay it, and the discontent which has prevailed for some- time culmin ted in the strike. Many of the puliers, it appere, were willing to continue work, but the majority ruled, and in view of probable molestation they desisted.
Bo great was the discontent ab at the riosha depôts that disturbances were feared, bat these were pre- vented by the prompt notion of the pɔlion, who have mide several arrosta, In a few fastsnoen the stray ríoshs paller who ea fear- oured to continue work cams in for a rough handling. One in/lance is reported where ́s Europesa p\ sanded a coolie to pull him into the city, but the pay was cut short by a number of strikers who held up the paller, ordered the European to slight, and capris›d the rwhiola. I∙ was a busy day for the chair cooli», however, and no profited by the absence of the rioska, t.king up the usual stands where that vehicle is found, and carrying fares along the level ne well as in the hilly district.