SUPREME COURT.
Wednesday, May 21st,
IN SUMMARY JURISDICTION. BEFORE TIK PUISNE Jevue (Mn. J. H. KEMP).
ALLEGED BREACH OF CONTRACT..
His Lordship gave judgment for the amount claimed in the first particular, $899.31, the plaintiffs waiving the damages claimed in the second particular.. He certified for two Counsel, and refuse Mr. Davidson's application for stay of execution.
IN ORIGINAL JURISDICTION.
THE HONGKONG DAILY PRESS, THURSDAY MAY 22ND, 1918.
COMPANY MEETINGS.
CANTON INSURANCE OFFICE,'
LIMITED:
Yesterday, the thirty-second ordinary outing of this Company was held at the offices of Messes, Jardine, Matheson & Co., Ltd, The Hon. Mr. David Landale presided, and there were also present; Sir
Judgment was delivered in the action in Bone THE CHIEF JUSTICE (HIS HONOUR Paul Chater, C.M.G. the Hon. Mr. E which Mossra. W. R. Loxley & Co., general merchants and exporters of wood ol, sued the Nam Mow firm, of 154, Con- naught Road Contral, for $1,000 as dam nges for breach of contract.
Mr. F. C. Jenkin (instructed by Mr. Dennys, of Messrs, Dernys & Bowloy) represented the plaintiffs, and Mr. David- sou (of Messrs. Hastings & Hastings)
appeared for the defendants.
His Lordship gave judgment as follows; This was a case of a written contract for the sale and purchase of "wood cil. The plaintiffe, asserting that the oil sup plied by the defendants was adulterated to the extent of about 10 per cent, rejected the oil and brought this action for damages for non-delivery of the oil contracted for. The plaintiffs had sold the oil to a firm in New York, but though the defendants know that the oil was in tended for export they were not informed of this particular contract at any material time. Expert evidence was called for the plaintiff to show that the oil was adulterated to the extent of about 10 per cent. though neither of the two experts would swear that that estimate was accurate to within 1 per cent, or per cent, and both admitted that the variation might be a little more than that. Mr. Frank Browne, one of the two
oil.
Sin W. REES DAVIES, K.C.).
AUTION AGAINST THE 15. AND 8. BANK.
Judgment, was delivered in the action brought by Lau E. Sam, a trader, of Des Voeux Road Central, against the Hong kong and Shanghai Banking Corpora- tion. disappearance of the former compradore of the Bank, the plaintiff being the second mortages of a tortgage which was us signed to the defendants de part of the security for the due fulfilment of the duties, obligations and responsibilities of the compradore to the Bank. asked that the indenture of a charge and mortgage, dated the 28th of June, 1910, whereby certain leasehold property was assigned to the defendants by way of mortgage be declared altra vires the de fendants in so far as it purports to create for such purposes the mortgage of and charge on the said leasehold property. Plaintiff also asked for a declaration that any sale and assignment of the said pro- perty was altra rires the defendants and was void.
The action Bross out of the
Plaintiff
report, after which
EXTRAORDINARY MEETING. An extraordinary meeting of the share- holders was then held, Mr. J. S. Haraton being also present.
SHIPPING NOTES:
By taking in a shipment of 2,600 tons of coat, the Empress of Russia easily put The Secretary having read the notice up a record for the largest quantity of convening this meeting.
coal taken on board a single steamer in Colombo barbour
According to the Tokyo papers, the Nippon Yuson Kaisha has lately placed orders with certain shipbuilding yards in England for the construction of four steamers of an aggregate tonnage of
3,700 tons.
In addition to the two steamers of
000 tons now being built, the Osaka Shosen Kaisha has placed an order with the Kawasaki Yard, Kobe, for the con- struction of a steamer of 5,000 tons. This steamer is to be put on the Dairen lino. chiefly for passenger trafic. An order for another steamer of 2,000 tons is under consideration
The CHAIRMAN said This meeting, as you are aware, is called to consider and, if thought fit, approve of the draft now articles of association.
I do not think that they require any longthy reference Shellim, Messrs. F. Maitland and H. P from me. The reason for having new White (Consulting Committee), Messrs. II. articles was explained to you in the Percy Smith, D. V. Stevenson, W. E circular letter of 1st April, 1913, which, Clarke, F. C. Hall, A. J. Pomfret, together with a copy of the old articles, Britto, Ho Fook, Ho Kum Tong, Lo Chand a copy of the proposed now articles, Shiu, Chan Sam, and Wong Leung Him has been sent to each shareholder. There with the Secretary (Mr. L. N. Leefo).
has consequently been ample time for The Secretary read the notice conven them to be studied. I do not think that ing the uweting, and also the auditors the revision contains any matters which can in any sense be regarded as conten- tious. They have been prepared, as you know, by the Company's suficitors, and their adoption is solely with the object of furnishing the "Canton with a set of articles up to date, and suitable for meet- ing the present day needs. Before, how ever, putting the formal resolution I should be glad to hear any remarks which any shareholder may wish to make. If this meeting approves of these articles, and passes the resolution which I shall shortly put, it will be necessary to submit a further resolution at an extraordinar, foreign and coast trade in 62.4 per cent. of the total tonnage, as compared with The CHAIRMAN then proposed the fol.8 and 38.8 per cent respectively in meeting to be held in three weeks' time. lowing resolution That the draft new Articles of Association be approved."
Sir PAUL CHATER ecconded, and the motion was carried.
The CHAIRMAN said:The report and accounts have been in your hands for some days, and I will, therefore, with your permission, take them as read. It is necessary that I should explain to you the reason why it has been decided to alter the date at which the annual meet ing of the Company is to be held in future. Our system hitherto has been to endeavour to estimate. in October, what the final outcome of the previous year's working will be, and this is open to the grave objection that in October a number- of the policies issued in the previous year have not expired. and indeed all the casualties which will affect them have not
The CHAIRSAN then moved: That the then taken place. It has long been our
new Articles of Association, already wish to alter this system, but the difficulty approved by this meeting, which have has been how to bring about the change for the purposes of identification been without inflicting a hardship upon share-subscribed by the Chairmen of the Com
pany, be hereby adopted by the Society, holders. A particularly successful twelve in substitution for and to the exclusion
Sir PACL CHATER seconded. The pro- months working makes it possible to of all the existing Articles theres overcame this. We are paying a dividend
The CHAIRMAN announced that a of $18 per share, which is the same as position was adopted. was paid last year, only we are paying firmatory moeting would be called it in May instead of in October, and this, three weeks' time. so far from entailing any hardship upon shareholders, offers them an advantage to which I am sure they will make no ob- jection. This payment, you will see from the accounts, can be made entirely out About this time next year 23,500. In November, 1910, the compra of interest. dore executed a second mortgage on the
Mr. F. C. Jenkin (instructed by Mr. C. E. H. Beavis, of Messrs. Wilkinson & Crist appeared for the plaintiff, and Mr. H. E. Sharp, K.C., and Mr. M. W. Slade, K.C. (instructed by Mr. I Gedge of Messrs. Johnson, Stokes & Master) represented the defendant Bank. His Lordship at the outset reviewed the facts. Lan Pan Chiu was engaged by the Bank as compradore in March, 1908, and gave a cash security for the proper performance of his duties of 802,000, and on 12th March he executed an agreement with certain sureties for the proper die- charge of his duties and that of tho Chinese staff and for any defalcations that might arise. In June, 1910, he was required to find further security and gave a mortgage to the Bank of certain lease- hoid property to secure a further sum of
This concluded the business.
CON-
The shipping, returns for 1012 for the part of Swatow, just published, show 2,017 vessels entered and cleared, with a total tonnage of 3,066,767 tons-an average of 1,172 tons per vessel. British shipping, in 1912, carried 83.6 per cent, of the total
1911. The year 1912 was an exceptionally good one for tonnage all round, and all vessels were continuously and profitably employed. ·
Experts declare that the conversion of Germany's mercantile steasu fleet into an oil motor fleet will be only a matter of years. The Germania Yard at Kiel has just completed the building of the first It is German ocean-going motor-ship. in the twin screw flogen, of 8,000 tons, which is destined far the American-German oil trade. The same yard has orders for two more large oil steamers, of which one of 5,000 tons and 4,000 hp. will be the largest in the world.
STAR FERRY COMPANY, LTD.. The fifteenth ordinary meeting of share holders in the above Company was held yesterday at the offices of Messrs. Jardine,
nesses, on either side, knows anything of property, to the plaintiff for the sum of (probably at the end of April, as a mat Matheson & Co. Hon. Mr. D. Landale engine, Professor Bertram Hopkinson
any
INTIMATIONS
FACE AND HANDS
MASS OF BLISTERS
Red, Watery, Burning and Itching. Driven Very Nearly Mad. Entirely Freed from the Trouble by Cuti- cura Soap and Ontment.
89, Chesterton Rot; North Kerstagion 'Lendon, W.. Eng.......“ Tho trün'de began in the early part of last summer and lasted up till about Christmas clam My hands; arms and face waro ono freeas of red watery bitters, burning, kobing and counting 6. great deal, in fact they drove me very noorly mad. My rest van disturbed two or three times at nig
as given modi cine and ointment ne ise not improve much until I wrote for C cample of Cuticurs Scop and Ointment. 1 Count? great relief from the sample and got some more. usod the Curicura Obitmmentan; Soap overy time I washed as per the directions and was entirely frond from my trouble, Chave used the Cuticura Olntment on my wounds when I bave knocked great kumpa muž ot my hands. It soothes and késls them very quickly." (Signed) J. Harris, July 20, 1012. If you wish a shin clear of pimples, black- heads and other nanoying soft and white, hair captions, hands live and glossy, and begia scalp free from dandruff and Itching, best -to-day the regulár uso- Cuticurs Soap for the follet, bath and
and shampoo, asdated by Cuticura Ointment.
ent Cuticura Soap and world. 4
Ointment sold throughout the Ringle set is of
set is often suficient when elas book
你
falls, A sample of each with 22-
32-12 free from nearest dopot: F. Nemiery & Sons, 27, Charterhouse 9 London; E. Towns & Co., Sydney, N. 9. W.; Lennon, Lui., Capo Town; Muller, Maclean & Co., Calcuttaand Bombay: PotterDrug & Cheim. Corp., Boston, U. B. A.
43-Tender-faced mon should shave with Cuticure Soup Shaving Stick. Sampio frys,
experts, gavo it as his opinion that the foreign substance was another vegetable Now it is quite clear that Mr. Browne does not even contemplate the possibility of the foreign matter being a natural impurity arising in the course of manufacture. His evidence implies that Mr. Spurge's evidence, it was added. though not so clear, is to the same effect This evidence is not rebutted in any way. It is also obvious that none of the wit
$21,000, the second mortgage reciting fully ter of fact) we shall hold our next aimual "wood oil" which contains an
the prior mortgage to the Bank. In Sep-meeting, when an interim dividend in admixture of sont other vegetable oiltember, 1912, the compradore absconded, respect of the year 1913 will be declared. In view of the above facts it is impossible being in default to the Bank to the extent By next April our underwriting results to avoid the conclusion that the goods of $100,000. The Bank sold the
porty comprised in the niortgage under for the year 1912 can be very closely as supplied did not answer the description the power of sale, but Brior to this the certained, and it is our intention then of "wood oil," What was delivered was Bank had received notice of the second to pay a final dividend, if the ultimate a mixture consisting of about 7 per cent, mortgage..
machinery composed of so many units. Lamperski, Lu 10 per cent. of some other vegetable oil tween the parties that the sale should be result and the position of the Company completed, and the proceeris held by the justify it, as we have every reason to
The notice convening the meeting hay Hence, until large gas engines could be added to 93 per cent, or to 90 per cent. of dolendant Company until all matters in think they will. You will realise, there
constructed, the universal adoption of wood oil. The delivery was not of a low dispute in that action had been settled: fore, that the benent of the new system is, ing been read, s
The CHAIRMAN said Gentleinen, such moters for marino propulsion would of His Lordship, after considering the authe quality
orities quoted, was of the opinion that the that in future no dividend will be paid
16 Power... mixture of wood oil and at some mortgage was not ultri vares the Ordi: in respect of a given year out of under. With your permission. I propose as usual remain a dream. Professor Hopkinson thing which was not wood oil at all.nance, and it was therefore not necessary writing profits until all the policies to take the report and accounts as read, also remarked that steam turbines, on the Tho caso therefore comes within both for him to determine the alternative section 15 and section 32 of the Sale of question as to its validity between the issued in that year have run off, and until | The profit on the year's working shows other hard, were now being constructed. 12
The payment, that we are now making ous one, due partly to the increase injuries o Goods Ordinance, 1890, and the plaintiffs parties and those claiming through them. the final result can be closely gauged axonsiderable improvement on the previ in units of 20,000 h.p..
Judgment was therefore entered for de- fendants with costs.
of wood oil but
were entitled to reject the goods. I do not base my judgment in any way on the supposed admission in the letter of the 11th October, which I think is not admissible for the purpose of showing that what the defendants contracted to sell was “pure wood oil." It was objected on behalf of the defence that the plaintiffs
DTG-
It was, however, agreed be
THE RECENT BUILDING CASE.
Arising out of the recent action in which Chan Kau, of 142, Hollywood Road, claimed $5,000 from Chan Woon
being out of interest, it did not seem to us that there was any reason why share- it Turning to the accounts, you will holders should be called upon to wait for see that 1912 promises to be a very success The premium income reveals
ful year
Hon. Sir Paul Chater, Hon. Mr. E presided, and there were also present: Shellin (directors), Mr. W. S. Brown (Secretary), Messrs. M. S. Northole, A. E. Crapnell, Ho Fook, J. W. C. Bonnar, A. Siebs, J. Scott Harston, J. W. Taylor, C. S. Gubbay, A. A Fyfe, and A.
During his recent lecture on the gus
engined vessel, developed hor 2,500 h.p. in pointed out that the Seelandia, a Diesel- 16 cylinders. At the same rate a 30,000 h.p. Dreadnought would require some 200- cylinders of the same size. No engineer would care to be responsible for the in- stallation and working of propelling ZEISS
had not proved that the oil delivered was carried out certain building operations in the greater activity which has taken Co. to 15 years. As foreshadowed by my in the trials by Japanese marine engineers f
not merchantable-ns wood oil. On this point I have come to the conclusion that where a buyer who has agreed to buy a certain quantity of a given substance prores that he has been supplied with a
Of
Many
The new steamer Anso-maru, which has traffic and partly to the decrease in loss on copper colange A new double wharf built at the Mitsu Rishi Dockyard and Godown Co. and an agreement has Toyo Kisen Kaisha, went outside the har- is being erected at Kowloon by the Wharf and Engine Works at Nagasaki, for the been entered into in connection therewith bour recently for her official steam whereby Government extends the term of trials. As the fryo-muru is the first Railway passengers to the Star Ferry geared turbines, great interest was taken the agreement for the carriage of the vessel built in Japan to be fitted with
predecessor in the chair, the unpaid and shipping men, generally. capital of the Company was called up Government officials visited Nagasaki to during the year and $100,000 of the re-witness the trials, and the three leading
Shosen Kaisha-were well represented. serve fund was capitalised in accordance steamship companies -- Nippon Yusen
holders on 24th July last year. Your with the resolutions passed by the share Kaiaha, Toyo Kisen Kaisha, and Osaka fleet of boats and the les House Street Among other guests were Mr. J. H. Pier having been insured with local Wallace, of Messrs. Holme, Ringer & Co., Company against typhoon risks, there is local agents of the Toyo Kisen Kaisha, and, the amount of $71,745. 04 standing at Lloyd's Surveyors. During the trials a no need at present for an insurance fund, and Messra, Williamson and Aitken, the credit of this account in the report slight defect developed which could not before you has therefore been transferred be remedied in time for the required being capitalised. Further details of this vessel returned to port. to reserve fund with a view to ultimately number of cans to be completed, and the
ROBBERY ON A STEAMER. matter will be forthcoming when the pro- posals are submitted for your considera we have received a communication from
EUROPEAN SHIP'S OFFICER THE VICTIM. ashareholder relative to the proposed Sion. Since the reports were sent to you,
The Calautta Port Police are enquiring dividend of $1,76 on the second issue of 10,000 shares, and your directors have been advised that they should meet his into a most daring case of robbery report claim for a dividend of the same amounted to have been committed on board the as the holders of the first issue. We now steamer Su Sang, lying at Prinsep's Ghat therefors recommend an amended dis moorings, in which a European ship's
officer was of various articles tribution of profits as follows:
several hundreds of rupees. The vessel jewellery and clothing, uounties of had not been in port two days before the complainant found that his room had been broken open and the following, articles stolen solid gold bunting watch, marked Waltham on the dial, a massive gold orb chain to which was attached a gold medal inscribed J. A memorandum of this amendment has Yuli, Rangers Football Club,” ons gold been banded to you at this necting masonic ring, a leather-backed book, con- counts and report with the amended Klondyke miner's certificate, several other Before proposing the adoption of the actaining a chief engineer's certificate; a the owner, a large quantity of wearing distribution of profits, I shall be pleased documents of no value to anyone except to answer to the best of my ability any
apparel, and a sum of money. questions shareholders may wish to ask,
There being no questions,
to write of Ive House Street Pior. $5,523.72
Chung and Chan Woon Man, of 14, Stanley Street, for damages said to have
we have not failed to secum our share been sustained by plaintiff through defen a very substantial increase, showing that dants having negligently and unskilfully a counter-claim was brought by the then course, the balance, of roughly a million at Nos. 19 and 21, Lower Lascar Row, place at the big centres of trade. defendants, Chan Woon Chang and Chan and a half, you must expect to see con- Woon Man, to recover the sum of $690, siderably reduced when we meet next due as hall share of the cost of erecting spring, by which time it will have been the party wall.
Mr. F. C. Jenking instructed by Mr. debited with all the second year's pay mixture of that substance and a sub- stantial quantity of a different substance M. Reader Harris, of Messrs. Wilkinsonments. You will note with satisfaction the onus is on the seller to show that the Grist, appeared for the present plain that the underwriting suspense account tiffs, and Mr. M. W. Blade, K.C, in- mixturo comes within the description of structed by Mr. A. H. G. Jackson, of is in a very healthy position, as 1911 has the gods which he contracted to sell to the Messrs. Johnson, Stokes & Master. ap. been running off well. It also will be observed that the Company's investments have. not peared for defendant.
judgment. He The defendants buyers
His Lordship now gave discharged that onus in the present said I have considered the cases cited in gold securities have increased, and case. It is important to remember in this and I am of opinion that the counter though, of course, these yield a lower rate Section 216 of the Public of interest, we think that the possession Health and Building Ordinance, 1003, connection that there is no question here claim fails, of degree of refinement or elimination of gives the adjoining owner one month of gold securities cahances the Company's natural impurities; it is a case of the after the delivery of the account ren-credit, and to a great extent it has been. The dered by the previous section, to declare necessitated by the difficulty experienced addition of a foreign substance.
his dissatisfaction therewith and if he in finding suitable investments for our evidence as to the merchantability of the does not do so the amount becomes
The defendants knew liquidated and on demand is recoverable surplus funds in China. The high rate on 31st December last oil is slender.'
as a debt (section 247). The case of Blair of exchange ruling that the oil was for export and the Cordiner, 39 Q. B. D., 516, is not. I think, is reflected in our investment and ex evidence tends to show that in one foreign analogons. The Court held in that case change fluctuation account, and as we put
of a solicitor's bill means that sending as in this Ordinance more of our money into gold so will it market it would not have been raereliant that the
a month is expressly given to the adhe incumbent upon us to maintain this able. This, of course, is rather slight evidence as tu its merchantability in joining owner to express dissatisfaction foreign markets generally, though exhaus-of the account before the right to demand account at a substantial figure to make tive evidence on such a point cannot be Payment arises, and such a demand can provision for the loss which may take only be made if the adjoining owner has place in gold values as expressed in silver. expected. As regards the plaintiffs own not declared his dissatisfaction. I do dealings in the local market their wit not think that the demand contained in Before proposing the adoption of the re- messes negative the inclusion under the the letter of 21st August, 1912, delivering port and accounts I shall be glad to the account is what is contemplated by answer any questions arising out of them torn wood oil of the oil supplied by section 247, as no right- had then arison which shareholders may wish to put the defendants. The defendants called to demand payment. This did not arise evidence to show that all the oil supplied until the expiration of one month, the period given to the adjoining owner to to the plaintiffs has been sold to Chinese express his dissatisfaction. "dealers as wood oil. This fact, however,
Action was commenced by Choo Yin does not help them, any more than a similar re-sale helped the defendants in Chu and Choo Ching Shi against Teo Sin the case of Wieler v. Schilizzi, because the Ip, of Macao, to have the trusts of the defect, to call it such for want of a will of Chon On, acceased, so far as they better name, was lateat, being admittedly concerned plaintiffs, declared and carried undiscoverable by the defendants' empiric into cxecution, and to have the estate of Craddock, F. Maitland, H. P. White, and motion was agreed to
The case would have been quite the said Choo On administered. tests.
Mr. M. W. Slade, K,C. instructed by the Hon. Mr. E. Shellim be as different if they could have shown that
standardisation at that measure will the Chinese buyers knew that they wore Mr. Needham, appeared for the surviving the Consulting Committee.elected by Mr. BONNAR, the appointment of is now very nearly equal to a litre, and Messrs. H. Percy Smith and A. R. Hon. Mr. Landale and Hon. Mr. Shellin it is felt by the authorities that its
to the directorate was confirmed. With regard to the plaintiff, the second plaintiff having died. buying a mixture.
Mr. W. Hutton Potts was re-elected cause a minimum of trouble to all users. measure of damages, I find that there was and Mr. E. H. Sharp and Mr. FC.Love were re-appointed auditors, at a no market, and I therefore hold that the Jenkin, iustructed by Mr. W. B. Hind, remuneration of $500, on the motion of and tor at an annual remuneration of Heace a start being made with this mea will to similarly standardized and the from the office of Mr. G. E. Brutton, apMr. BRITio, sconded by Mr. CHAN SAM. $200, on the motion of Mr. Ho Foox, sure. Later another unit like the wak prico on the sub-sale is admissible as
use of the standard enforced. Gradually evidence of the amount of damage. There peared for the defendant,
the whole system will be introduced in has been no suggestion that that price was
this way, and meantime a knowledge of at all an enhanced one, and I therefore
the system is being more generally accept it and estimate the damages under
diffused. this head at 8838.31.
A DISPUTED WILL,
Mr. Slade raised a number of points. firstly, se to domicile, and, secondly, that the defence bo struck out
Argument had not concluded when the Court rose.
There being no questions, the CRAMAN proposed that the report and accounts be adopted.
Mr. CLARKE I have much pleasure in seconding the proposition.
The motion was carried unanimously. It was proposed by Mr. STEAVENSON, seconded by Mr. Ho Foox, and carried, that Sir Paul Chater and Messrs. D. W.
The CHAIRMAN-That is all the business.
gentlemen. Thank you for your attend ance. Dividend warrants will be ready
to-morrow.
To pay dividends në follows:
$2 per share on 1st and 2nd
issues (20,000 shares).
$1 per share on 3rd issue (10,000
shares on pinte To transfer to reserve fund To carry forward
40,000.00
10,000,00 33.254.06 6,795. IS $75,972.96
The report was adopted, on the motion of the CHAIRMAN, secondled by Mr. Lan- PERSEI.
SIAM AND THE METRIO SYSTEM.
The Bangkok Times understands that a Mr. GUBDAY proposed that Sir Paul
beginning will shortly be made in the Chater bo re-elected director,
Mr. NORTHCOTE seconded, and the Introduction of the Metric system into the country by the standardisation of the On the motion of Mr. HARSTON, second. This customary unit of capacity
seconded by Mr. Sims. Ho To
The CHAIRMAN-That is all the busines
zertleren Thank you for your
acation on aud after Wednesd
Dividend warrants may be had on
591 May
96.23
PRISM
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AT HOME PRICES:
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