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April 12, 1909:]
His Lordship-I don't think 80. When the question was put to me in chambers it was a question of handwriting.
Sir Henry Berkeley What is the object in refusing to allow me to raise this point now ?
His Lordship-It is done on the spur of the moment, and requires considering.
Sir Henry Berkeley-They are not promissory
notes.
His Lordship-They have been admitted as promissory notes all the way through.
Sis Henry Berkeley You wouldn't say that the defendant admitting a document to be a promissory note makes it a promissory note?
His Lordship-For the purposes of the case, yes. These documents have been treated by both parties as promissory notes.
Sis Henry Berkeley I will make a formal application that the documents be considered not promissory notes,
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His Lordship-I will hear the case of forgery first. If you want to raise a point of law not on the pleadings it can be argued only by your paying the costs of the day.
Evidence was then called and the hearing adjourned.
The case was continued on the 8th inst and on the 9th inst.
His Lordship said he had come to the con- clusion that it would not be right for him to decide the question of Chinese handwriting without more assistance, therefore he proposed to appoint four persons to assist him in Cham- bers. Two of them would be Europeans, and two Chinese. He would appoint the two Europeans, and the Registrar-General would appoint the two Chinese. Meanwhile, if the defendant chose he could take the point of law, and a date could be fixed for the argument.
Later, Sir Henry Berkeley appeared in Court and informed his Lordship that Counsel for both parties had consulted as to the course the Chief Justice had suggested, but did not approve of its adoption. The persons called by his Lord- ship would not have heard the evidence, and there was no procedure by which they could be called.
His Lordship-I can appoint anybody to assist me.
Sir Henry Berkeley-Not unless they sat with you at the time the evidence was heard.
His Lordship - A judge can always get some- body to assist him. I have had an assessor for five days.
Sir Henry Berkeley-Sitting in Court. His Lordship-I don't want to form an opinion on Chinese handwriting without a little more assistance-impartial assistance. I have no doubt I have the power unless the parties object, and I think it would be unwise to object.
Mr. Calthrop-You can certainly try the evidence as to the signatures, but the assessors must hear the evidence like everybody else in Court.
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$25 due under clause 5 of the Memorandum of Association of the Club.
Defendant admitted liability, and judgment was given against him.
CLAIM FOR GOODS- SOLD.
Kelly and Walsh, Ld sued E. B. Shepherd to recover $61.60 for goods sold and delivered and
CHINA ÖVERLAND TRADE REPORT.
fide, paid to persons other than the drawee. Counsel, after reading the pleadings, drew his Lordship's attention to the eleventh paragraph of the statement of defence in which defendants claimed the protection of Ordinance 7 of 1907, section three. In order to avail them- selves of the protection of that section the bankers must show that the endorse-nterest. ment on the bill of exchange which was drawn payable on demand to the order of man Lee Chan and Co. was, when presented for payment to them, endorsed by the Man Lee Chan, or that it purported to be so endorsed.
His Lordship-I notice the endorsement is Man Lee Chan Sing Kee. Does anything turn on that?
After further argument Sir Henry Berkeley said Counsel agreed to leave the matter in the hands of his Lordship.
His Lordship stated that he had examined the notes very carefully, and that it was quite clear from the different characteristic strokes in the two sets of signatures, that the signatures were signed by the same hand. That left the ques- tion of law to be dealt with later.
Wednesday, April 7th.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR Mr. H. H. J. GOMPERTZ (PUISNE JUDGE.)
The action in which Man Lee Chan and Co. sued the International Banking Corporation to recover $840 alleged to be due in respect of a bank draft, again came before the Court.
Sir Henry Berkeley, K.C., instructed by Mr. Otto Kong Sing appeared for the plaintiffs, and the Hon. Mr. H.E. Pollock, K.C., instructed by Mr. C. D. Wilkinson (of Messrs Wilkinson and Grist) represented the defendant bank.
Sir Henry Berkeley - Everything. Take: & bill
of exchange drawn payable to the order of Brown, Jones and Co.: that bill is presented and endorsed Brown, Jones Robertson and Co. If a bank paid that bill, and it subsequently turned out that it had been stolen from Brown, Jones and Co., there would be no protection for the bank. He submitted that the bill endorsed Map Lee Chan Sing Kee was not the bill endorsed Man Lee Chan and Co. Then we came to whatever protection the defendants might be entitled to under the Bills of Exchange Ordinance, 1885; bankers, however were only entitled to the protection of the statutes when they acted in accordance therewith. Evidence was taken and his Lordship reserved his decision.
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Thursday, April 8th.
IN BANKRUPTCY.
A SUMMONS DISOBEYED,
Re Chenng Lai Sang.
Mr. John Hastings, who represented certain creditors, asked his Lordship to take note that the debtor had not obeyed the summons, and that he proposed to move the Court to rescind the receiving order later on
.:
Mr. G. H. Wakeman, Official Trustee, pointed out that when he applied for the summons under section 20 of the Bankruptcy Ordinance, he asked leave that it might be served at 133 Des Voeux Road Central That was the ad- dress given him at the time, but afterwards he found out that the debtor was not known at 133, Des Voeux Road Central. He asked leave to
amend the order*
Permission was granted.
ORDER OF DISCHARGE SUSPENDED.
Re H.M.H. Ishmael trading as Hadjee and Co,, ex parte the debtor.
Mr. Leo d'Almada e Castro (of Messrs Goldring, Barlow and Morrell) applied for the debtor's discharge, remarking that the Official Receiver had filed his report.
His Lordship-Does he only want suspension? Mr. Wakeman--The Court is bound to refuse his discharge. It is only a case of suspension. I have not found that the debtor has committed any offence, but he has been trading and con- tracted debts after knowing he was insolvent.
His Lordship suspended the discharge for a year, and ordered that at the end of that time the debtor should report himself to the Court
PUBLIC EXAMINATION.
Re the Yuen On Co. ex parte Ng Sing Wah. The opening of this public examination was conducted by the Official keceiver.
Ng Ching San, managing partner of the debtor firm, was examined. He said he was the managing partner of the Yuen On contractor firm in Gage Street. There were three partners who subscribed a total capital of $2,250. Witness gave $1,000. The business was started about the middle of March, 1207. Chung Sing claimed to be a partner in the firm.
Isn't that a rather curious thing claiming to be a partner in a bankrupt firm?—He used to be managing partner and he ran the whole show. After further questioning, the examination was adjourned.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. H. H. G. GOMPERTZ (PUISNE JUDGE.)
A ST. GEORGE'S CLUB ACTION.
Sir Henry Berkeley said the amount claimed was payable under a bill of exchange dated November 14th, 1908, which the Man Lee Chan Co. said the International Banking Coporation
E. A. M. Williams, liquidator of St. George's improperly, negligently, and consequently mala, Club, proceeded against J. Clelland to recover
W. H. Purcell, accountant in the plaintiff firm, said defendant had been furnished with particulars of the claim. The case was brought forward because the debt was coming under the Statute of Limitations Ordinance.
Judgment was entered for plaintiffs with costs.
AN ALLIGED MISFIT.
Yau Lee, ladies' tallor, sued Lottie Kingsbury to recover $10.75, the price of making a dress. The defendant counter-claimed $48.20, value of a piece of silk destroyed.
Plaintiff told the Court the defendant offered him $7, but declined
the balance He changed the style of the jacket at her request, and had seen her wearing the dress since.
Defendant denied this. Standing at the bar she pleaded with the persuasion of a Portia, tell- ing the Court that she told the plaintiff ten thousand times, to make the dress all right. The tailor made the dress too small. She com- plained about this, and the plaintiff said he could remedy matter with another yard of silk. She gave him $2.20 to buy an extra yard, but he fail- ed to purchase it. The dress was of no use. he could not wear it, and she could not send it to any body.
At this stage of her story his Lordship called defendant to the witness stand, re- questing her to speak slowly. Proceeding she said she called the plaintiff to her house to make á dress for her. At her request he produced a “fashiong" book. She selected her fashion and handed the tailor fifteen yards of silk, telling him to be "awfully careful” not to spoil the dress. The silk cost her $2.20 a yard. The dressmaker supplied her with the dress in four days, but it was too small. Hə promised to make it bigger, took it away, and returned it two days' later, but the dress was still too small. Defendant offered the tailor $7.50 in settlement. He refused to take it and proceeded to insult her, calling her names in his language. She struck him and he took her to the Police Court.
Plaintiff told his Lordship that when he went to defendant's house she nearly broke his head.
His Lordship-Have you any mark? Plain. tiff showed a protuberance on the forehead.
Defendant He has had a boil there for about twelve months.
His Lordship advised defendant to settle the case if possible. He would adjourn the hearing until Friday to enable her to call a tailor to give
technical evidence.
AN OLD TRIČK.“
dodge, there are still a few simpletons in Hong- Notwithstanding the publicity given to the
kong who are victimised by means of what the ing the changes. Two men having made up a Chinese call "fong chuk" which is a form of ring- parcel to look like a bundle of notes, approach
some woman on the street and ask if she can delighted with the prospect of being of some direct them to a certain place. The lady, service, says that she is going in the same little time one of the men informs her that this direction. The trio walk together and after a companion has picked up a roll of notes on the She is a woman and can do it more easily. steamer but is afraid to go to a money changer. Thus addressed she expresses her willingness to change the money and on the bundle being handed to her she walks off. She has only pro- ceeded a little way when it occurs to one of the men to ask her if she will let them hold, some- thing in security as she is a stranger to them. Nothing loth she usually parts with whatever valuables she possesses, and instances have been known where the simple but avaricious women have taken the men to their houses and given them practically everything they possessed. In this case the old lady handed over her bangles, worth about thirty dollars, and took the rings off her fingers which were perhaps worth another ten dollars! Of course when she opened that it contained nothing but worthless paper, the parcel at the money changer's she found
The police are trying to trace the thieves,