76
Defendant-I found that Watson's Kowloon branch owed me A money; so I told them to pay it to the Vict. 1. Dispensary instead of to
me.
His Lordship-Where does Mr. Stephens come in ?
Defendant-I did not deal with Mr. Stephens; I dealt with Watsons,
Mr. Stephens-The money is not paid, and I would ask your Lordship to allow me costs for two attendances.
His Lordship (to defendant)-You bad better do what you are told next time. There will be judgment for $4.75 on the writ, two attendan. oes, and the money paid in will be paid out.
Thursday, January 30th.
IN BANKRUPTCY.
BEFORE HIS HONOUR SIR FRANCIS PIGGOTT (CHIEF JUSTICE.)
A PROSPECTIVE SETTLEMENT. Re Mooss a Vieria and Co. Mr. J. H. Kemp, Official Receiver, applied for a week's adjournment in this matter.
His Lordship remarked that as the vacation was on next week he would adjourn the case for a fortnight.
The Official Receiver asked for a week's adjournment so that he might make an applica. tion to the Court to fix some other day.
day.
His Lordship-lt must come on a bankruptcy Mr. E. J. Grist. (representing the debtors)- I think it quite possible that it will be in- necessary to have a public examination at all in this matter. The creditors have bad a meeting and certain schemes have been prop sed which are being considered with a view to the settle- ment of the matter. Your Lordship might adjourn the application for a week or sine die. His Lordship-Adjourned till next bank ruptoy day.
ran :
CREDITORS' PETITI N.
& D
Re the Chan Tso Cheung. This was application by Mr. F. X. d'Almada e Cas'ro (of Messrs. Almada and Smith) for a receiving order. The debt was $128, amount due on a promissory note and the act of bankruptcy was notice of suspension of payment. The notice "I beg to inform you that at present the business of my humble firm is not in a profit- able condition, and I am sure I will be unable to pay the amount so there is no need to press me as my humble firm has suspended payment of debts." The assets consisted of about $9,000, and the liabilities were about $25,000. His Lordship granted the order.
ANOTHER CREDITOR'S PETITION. Re the Yat Shing Lung firm. This was a similar application to the last, made by Mr. P. W. Goldring (of Messrs, Goldring and | arlow) The act of bankruptcy was notice of suspension of payment, and the debt was $4000 The as- sets were $22,0^0, of which $5000 had already been realised, and the liabilities were $0.
The application was granted.
DEBTOR'S FTITION.
Re Lam Wing alias Lam Wing-ip. This was a debtor's petition made by Mr. R. A. Harding. The assets consisted altogether of $15,600 made up of stock in trade valued at $3000 or thereabouts, furniture and fixtures $500 or thereabouts, and book debts due from various firms in Honolula, ortland, U.S.A., and Vistoria, British Columbie, amounting to $4100. The liabilities were $12,000.
The application was granted.
APPLICATION TO RESCIND,
Re Wong Si-cheung. This was an application made by Mr. P. W. Goldring on behalf of the debtor for the rescission of a receiving order. Leave had been given for the petition to be withdrawn, and all the creditors had consented to this course. Granted.
ANNULLMENT DEFERRED.
THE HONGKONG WEEKLY PRESS AND
Mr. Kong Sing-He may have friends who are going to release him.
The Official Receiver-I would suggest that (he annullment take place when the money is paid.
His Lordship-I don't see how he is going to do it. The assets will only pay 10 per cent, and I don't see how he is going to pay 25 per ceni. When there is money in your hands you can make a further application.
A BANKRUPT TRUSTED.
Re Kwok Pai-chi, This was an application by Mr. Davidson (of Messrs. Hastings and Hastings) to expunge a proof of debt and trans- fer monies,
His Lordsbip-What debts do you want to expunge?
Mr. Davidson-There are a number of debta all of the one class; debts proved against the bankrupt as the promoter of a money loan association. Since that time there has been a decision given in the Summary Court that these monies which are in the hands of the debtor are trust monies and blong to the promoter as trustee. Therefore the remedy of he creditors is a personal remedy against the bankrapt and not against the trustee.
His Lordship-Was the bankrapt trustee for this Association?
Mr. Davidson-Yes.
Mr. R D. A'kinson (of Messrs. Deacon,
Looker and Deacon) said he appeared for two proved creditors who were at present in Canton. The letter, dated yesterday, giving notice of this application was given to him this (hus any) morning. As it was impossible t gat instructions from bis clients in tim be wished an adjournment until they returned.
His Lordsuip (o Mr. Davidson)-Give me some authority for y. ar application. What is your reason for saying you cannot claim b c1use the man is trustee?
H
Mr. Davidson-That was the ground of the Because he was decision in the Court below. trustee we had no claim at all against him.
His Lordship-1 don't quite follow it, Wbs! was the action?
Mr. Davidson- The action was an action by the trustee in the bankruptcy (Mr. C. F. Dixon) against a balkrupt association.
person who
a8
was indebted to the promoter of a money loan
|
{February 8, 1908.
Li Lung said he was sole master of the debtor firm, which was a pork shop in the Cen ́ral Market.
The Official Receiver-Why hɩve you never come to see me ?—I was not asked to.
Where are your account books ?—At the premises where I am living.
His Lordship directed debtor to hand them to the Official Receiver at once, and to attend at his office to prepare the statement of affairs.
BING PORE MERCHANT'S BANKRUPTCY.
tion the debtor raid he was trading under the style Re Chuy Lai Shang. In this public examina-
of Kwong Nam Cheung, Singapore merchants, and had another partner. He left bis account books with a friend who was away in Mrono. He would recover them on his return,
Debtor was ordered to place them with the Official Receiver immediately, and to attend at his office to assist in preparing the statement of affairs,
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. JUSTICE WISH (PUISNE JUDGE).
DISPUTED OWNERSHIP.
His Lordship was called upon to decide as to the ownership of a junk which was aftiched by the Sbi Tak firm under a judgment, white oae, Li Yau, ola med that the junk was his.
Claimant was represented by Mr. Otto Kong Sing, while Mr. A. Holborow, of Messre.
Deacon, Looker and Deacon, appeared for the Shi Tak firm
Claimant informed the Court that he bought the junk in dispute at Cantou toward◄ the end of May, 1907, and brought it to Hongkong. where he took out the licence produced. it Wall measured, and registered 80 · picals.
His Lordship This licence says 966,
•roceeding, witness told the Court that the junk was later seis-d by the bailiff.
Cross-examined-l'he junk was damaged in September, and Wong Tai gave me money to get it repaired.
for the defence.
Junk Inspector Rocha was the first witness He said he inspected a jank marked S 244 H, and found that it differed considerably in measurements from the junk for which the licence mentioned had been
granted.
His Lordship-By the trustee? Mr. Davidson-The action was brought by the trustee to recover a sum owing by members of this money loan association to the bankrupted as promoter of the association; and the question was whether the trustee in bankruptcy had any right to sue at all. •
His Lordship-You say if a man is bankrupt the people for whom he is trustee cannot put him into bankruptcy?
Cross examined—Wong Tai was not register. in respect of jook 8. 244 H. Wong On stated that on June 30th he bought jank No. 244, and broke it up.
Bhi Tak said he lent money to Wong Tai, and the latter pledged the junk as security. Ho knew the claimant as Wong Po, Wong Tai's
foki.
Mr. Davidson-If a trust, they are only entitled to trust monies; they have no claim at all against the private estate of the bankrupt.regard Their proper medy is an action for accounts.
His Lordship The Court has held that it won't presume fraud against a trustee if he has ecough money in his hands belonging to the trust.
Mr. Davidson Ha should prove himself as trustee of the money loan association in bis oWD bankruptcy. The beneficiaries in an ordinary trust could not prove in a trustee's bankruptcy.
this Lo dship-No, because they are entitled to absolute priority. How much money has the trustee received from the trust?
Mr. Davidson-I think 3100 have been paid. His Lordsbip-What are the assets ? Mr. Davidson -- $70 0.
His Lordship-The best thing is to strike the $400 out of the 87 0.
Mr. Davidson-This application asks your Lordship to make an order for the transfer of monies paid by the association to the bankrupt's private account.
of the trust fund and submitted to the trustee,
His Lordship-The only order I can make is that the trust acc unts by severed and specially Re Wing Ki-cheung. Mr. Otto Kong Sing dealt with, and all necessary monies be provided applied for the sanullment of the order of ad-out of the ertate. The accounts can be met out judication in this bankruptcy upon payment to the creditors of 25 per cent. in full satisfaction of their respective claims. All the proved cre- ditors had agreed, and there was a declaration on the file with the signatures sunexed.
His Lordship-How is he going to get the annuliment ?
PORK VENDOR'S FAILURE.
Re the Sun Long firm. The Official Re- ceiver, in opening this examination, informed his Lordship that the debtor had not called on him sinos filing his petition. Mr. O. D. Thomson was preseul representing certain creditors.
His Lordship, after hearing further evidence, beld that there was no direct evidence with to Wong Tai's claim to ownership. Wong Tai must have been a scoundrel, for be bad
gone on using a licence belonging to a junk that was broken up. His Lordship was a little doubtful about Li Yau's claim, but as there was nobody else in the field and possession was nine points of the law, he would get judgmeot,
WEST RIVER PATROLS.
THE WITHDRAWAL OF BRITISH GU KEGATS.
Lest the public and the Chinese should sup- pose that the withdraw of the British gan. bosts is an set of “backing down," in response to popular prejudios, we wish to explain that they have left the West River to the provia. cial authorities for at least two good reasons.
The pending claims have been settled by the Viceroy, and the results to the various claimsats will, no doubt, be officially published before long. The other reason is that the British gunboats have now inaugurated and taught a system of patrol which can, if their instructions are remembered, be maintained without their further assistance. It is, moreover, understood that, should the former bad conditions re-arise, they would return promptly with perhaps more vigorous measures of repression.