362
SUPREME COURT.
Monday, 26th April.
THE HONGKONG WEEKLY PRESS AND the hotel and did not acquaint the manager of her status he would not be doing his duty.
Cross-examined-He had been manager for nine months. He knew a Mrs. Davis, but he did not know she belonged to the unfortunate class. There were often cases of that kind, that not knowing them such women were accepted as BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT). guests. Plaintiff never brought women there as
lodgers.
IN ORIGINAL JURISDICTION.
REDUCTION OF CAPITAL.
An application was submitted by Sir Henry Ferkeley, K.C., instructed by Messrs Deacon, Looker and Deacon, on behalf of Langfeldt and Co., Ltd., Yokohama, who petitioned for con- firmation by the Court of a resolution for the reduction of the capital of the company.
Sir Henry Berkeley said the special resolution to reduce the capital was passed on December 9th, 1908, and confirmed on the 29th of that month. The resolution was "That the capital of the compay he reduced from yeu 150,000 divided into 1,500 shares of yen 100 each to yen 100,000 divided into 2,000 shares of yen 50 each. and that such reduction be effected by redeem- ing 500 shares of the issued shares of the com- pany, and returning to the holders thereof as the price of such reduction, such sum (not exceeding the paid-up value of the said shares) as may agreed upon between the directors and the owners of the shares to be redeemed. And by sub-dividing the remaining 1,000 shares yen 100 each into 2,000 shares of
All his 50 each." yen Lordship's wishes had been complied with, but there was the remaining question as to dispen- sing with the words" "and reduced." In a recent case which he brought before his Lord- ship, the case of the Wei-hai-wei Land Company, his Lordship fixed a fortnight or a month.
The coxswain of the King Edward launch stated that plaintiff used the launch a little for other than hotel purposes; say once or twice a month. On one occasion he took out three ladies, one of whom plaintiff said was his sweetheart, to the American men-of-war in the harbour. Witness complained that the coal was placed under his care and he did not like the launch to be used for private purposes.
Cross-examined-He did not complain to the hotel. The master learned of it afterwards, Mr. Brown did not pay him for the coal he used on those occasions. On one occasion he gave witness $2, but that was cumshaw: That was not sufficient to pay for the coals used,
14
[May 1, 1909. comply with the conditions of the Bills of Ex change Ordinance 1885.
Mr. Pollock said he was prepared to prove
the allegations in the statement of claim.
His Lordship said he thought the defence raised a question of law.
:
Mr. Pollock replied that the only point they raised was, the denial that the document was a bill of exchange. The document was made out in two bills and the one in question was headed "First bill of exchange." This was a common form. Mr. Pollock added that the defendants did not appear to sustain the point they had raised.
The assistant compradors of the Hongkong and Shanghai Banking Corporation at Hong- kong said he 'should regard the document as a bill of exchange.
His Lordship-I cannot help suggesting that Chinese forms banks might invent the for Chinese customers that would be a little more in accordance with the English forms. It would save many difficulties and would be con- venient for all parties.
a
Mr. Pollock-It would be, my Lord, practically translation of the English form.
His Lordship And the Chinese could put in anything else they liked.
His Lordship gave judgment for the full an.ount claimed with costs.
Thursday, April 29th.
Plaintiff, recalled, said the first intimation he had that his services were not appreciated by Mr. Dorabjee was when he received a lawyer's letter. be
He had an interview with Mr. Dorabjee in the presence of a clerk. Mr. Dorabjee said "I hear you have a man in your room ?" Witness Well," said Mr. Dorabjee replied "I have." "you can keep him there as long as you like but Mr. Dorabjee you will have to pay for him." said nothing then about his dismissal. On the day of his dismissal he had a conversation with Mr.Anderson, the barman, to whom he mentioned BEFORE THE CHIEF JUSTICE (SIÉ F. PIGGOTT), that a circus agent was staying in the hotel; Anderson got in a temper and said he could not Witness said the office stop there at $5 a day. had given him that rate.
His Lordship-You can take the same order
as in that case.
Sir Henry-Thank you, my Lord. His Lordship-I see there are five creditors not paid.
Sir Henry-hey are consenting, my Lord. The application was granted.
A NEW BARRISTER.
Sir Henry Berkeley, before the business of the Court was commenced, said he had much pleasure in presenting to his Lordship Mr. Challoner Alabaster, who was called to the Bar of the Inner Temple some five years ago. The certificate had been lodged with the Registrar and all the papers were in order. Therefore he moved that his Lordship approve and admit Mr.. Alabaster to practise at the Bar of this colony.
His Lordship r. labaster, it gives me very much pleasure in admitting you to practise before this Court. I am sure to yon it seems almost like coming home, and I daresay many of the older practit.zers of this Court know your name quite well. I am sure they will join with me in wishing that you have corce to stay and that will make your home amongst us. Mr. Challoner-Thank you, my Lord.
you
THE LATE M. THOMSO
The Chief Justice-This is the first time on which this Court has met since the death of our friend, Mr. O. D. Thomson, and I am only very sorry that I did not intimate to the practitioners in this Court that it was my desire to say a few words. On behalf of the Court, the solicitors! and the whole of the members of the profession, I am sure I am right in saying that we join in expressing our deepest sympathy with his widow, and deeply regret that Mr. Thomson has passed away from us. .
Sir Henry Berkeley The Bar and the pro- fession generally echo the sentiments which have fallen from your Lordship of condolence and sympathy with the widow.
IN SUMMARY JURISDICTION.
BEFORE ME. H. H. J. GOMPERTZ (PUISNE JUDGE)
A HOTEL RUNNER'S CLAIM.
The action was continued in which William Henry Brown claimed $255.75, being as to salary $60, 29.75 as to commission, and $165 for wrongful dismissal, from Messrs. Dorabjee and Co, proprietors of the King Edward Hotel, Mt. Otto Kong Sing appeared for the plaintiff and Mr. Daniel for the defendants.
Mr. A. Gee, recalled, said to his knowledge the hotel never accepted as guest a woman known to belong to the unfortunate class. If the plaintiff brought a woman of that class to
Mr. Daniel objected to the evidence. Mr. Otto Kong Sing said it showed there was a quarrel which might have accounted for his dismissal.
Plaintiff said his friend Lewis stayed in his room for seven days. He added that he had signed chits for some guests, but not for others.
By his Lordship- With regard to the box which had been lost for three days, he was told that if he wished to keep his position he would have to pay $25 a month until the value of the box was made up. When it was lost he agreed to do so, but subsequently the box was found, In February he was asked by the manager to pay half the expenses of the inquiries and nothing
inore would be said.
His Lordship, in giving judgment, said there was no allegation by the defendants that the plaintiff lad misconducted himself or had been The woz:• of drink in their service. Taking the ladies out in lunch was endnet which his Lordship thought did not show sufficient consideration for the interests of his employers. and that would have been a ground of dismissal. The plaintiff failed in his claim for damages. His Lordship entered judgment for the defend- ants on the counter claim for $38.85 the amount of chits, and for 5 the expense incurred by the hotel through plaintiff's friend having stayed in his room, while plaintiff obtained judgment for
60.
Wednesday, April 28th.
IN ORIGINAL JURISDICTION.”
CLAIM BY A BA K.
IN B NKRUPTCY JURISDICTION.
ADJUDICATED.
Re Chan Yae Shun, Mr. D'Almada e Castro appeared for the creditors and stated that the application was for the adjudication of the bank- rupt and that the Official Receiver be appointed trustee of the property of the debtor. There had been a meeting of the creditors at which no resolution had been passed.
The application was granted.
Re
NOTICE OF SUSPENSION OF PAYMENT.
heung Tsui Kwai, Mr. Goldring, who appeared for the petitioning creditor, said this was an application for the adjudication of the debtor as bankrupt. The liabilities amounted to $30,000 and the assets to $12,000. The act of bankruptcy was a notice suspending payment of debts. The notice was translated and read that debtor had no money and asked his creditors not to press their cla.ms for money.
His Lordship expressed the opinion that that was not sufficient; he had not seen a notice like that before.
Mr D'Almada said he appeared to oppose the bankry. He was acting for Choy Kan, the plaintiff in an action in the Original Jurisdiction. His Lordship wished to know what the assets
were.
Mr. Goldring replied that there was a house, The Official Receiver said the house was mortgaged and there was also a registered judgment for 7.000,
r. Goldring laid the assets would be about $12.0.0. He was told that there was no mort- gage on the house. However he would ask his Lordship to allow him to make further inquiries.
His Lordship thought the petitioning creditor had better go in the box and tell them what he knew.
Chan Kin Tong, the petitioning creditor, BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT.) stated that he lent $5,000 to the debtor and the Witness interest due on this was $2,350. charged interest at the rate of one dollar per $100 per month. The assets were composed of a house which he did not know was mortgaged. The liabilities, which he knew only from in- formation, amounted to: 30,000.
The International Banking Corporation claimed from the Tong Hing Shing firm of 249 Des Voeux Road Central 3,000 and expenses due by defendants as acceptors of a bill of exchange dated 1st December, 1908, drawn by the Kwong Man Tai Wong Chi, payable to plaintiffs fifteen days after acceptance. The Hon. r. H. E. Pollock, K.C., instructed by Mr. Wilkinson, of Messrs. Wilkinson and Grist, appeared for plaintiffs, but defendants did not enter an appearance.
The statement of claim was to the effect that on the 4th January 1909 the plaintiffs presented the bill to the defendants, who refused to pay the sum.
The defendants entered a defence in which they denied having at any time accepted the bill of exchange. The document presented was not a bill of exchange inasmuch as it did not
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Mr. d'Almada, who appeared for the judg- ment creditor in an original jurisdiction, questioned the petitioning creditor. Witness said he was a partner in the ing Lee Chan firm a boarding house. Cheung Tani Kwai, had no interest in it. The money which witness lent to him was his own private moneys and not the moneys of the firm. The debtor got the stamped document from the stamp office..
Mr d'Almada asked for the matter to bè ad- journed pending further inquiries. He thought this was only a friendly petition to oust his client from the fruits of his judgment. The debtor had stated that even if the judgment went against him he would still be solvent.
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