under Rumer &&
The Wine Merchany of the last
NAPIER JOHNSTONE'S
SQUARE BOTTLE ”
WHISKY. UNVARIED FOR OVER 150 YEARS.
THE CHINA MUTUAL
INSURANCE CO.
INTERESTING ACTION AT
SHANGHAL
THE HONGKONG DAILY PRESS, FRIDAY, DECEMBER 5TH, 1918.
A case of considerable public interest
is being heard in the Supreme Court at Shanghai. Lief Due, a Norwegian, issuing the China Mutual Life Insurance Cox, for rescission of an insurance contract and the return of Tls. 490 premium on the ground that he was induced to enter inta the contract by misrepresentation. The statement of clau set forth that in or about the beginning of March, 1911, defendants by one of their accredited agents suggested to plaintiff that he should insure his life with defendant Co., but plaintiff declined. About February, 1912, Charles Napier Lindsay spoke to
and again plaintiff refused on the grounds that it was freely rumoured in Shanghai that the company had been speenlating or investing i rubber shares and that in consequence thereof he had not. sufficient confidence in the company to become a policyholder. ·CN Lindsay, denjed the truth of such rumours. informing plaintiff that the funds of the Company were invested in real estate and referred plaintiff to the speech of J. A. Wattle as chairman of the defendant Co. at the 13th annual meeting on May 31st, 1911, and particularly. to the following paragraph:---
THE SAME TO-DAY AS IN plaintiff with a view to insuring his life,
1745.
BEWARE OF IMITATIONS.
SOLE AGENTS IN HONGKONG LANE CRAWFORD & CO.
and from ALL WING MERCHANTS.
TO LET
TO LET.
GODOWN, 94, Wazokai Road,
No. 153, PRAYA EAST. Apply
(74
THE HONGKONG LAND INVEST- MENT & AGENCY Co., LTD. Hongkong, 1st December, 1913.
TO LET.
FFICE in ALESANDRA BUILDING
Apply-
[65
A. S. WATSON & CO., LTD. Hongkong, 22od August, 1913,
N°
TO BE LET.
From 1st January, 1914.
[995
JO. 1 to 5, "AIMAI VILLAS adjoining
"OLDEBLOE," -Kimberley Road
Kowloon.
Apply to-
PATELL & Co. 79, Wyndham Street, or
A. Abdealrahim, Architect,
34, Queen's Read Central. Hongkong, 26th November, 1913. [1372
TO LET OR FOR SALE:-
LODOWNS at 98, 18a, 99 and 39A, Proye
East.
HONGYONG, CANTON & MACAO
! In view of the sensational drop in the valant of rubber shares and "ruinours to the effect that this company is largely interested, I take this opportunity of stating that we never speculated in rubner shares and that the statement before you includes no loami made in the security of rubber shares nor jiny such shares owned by the company.”
Plaintiff's case was that these statements were false and misleading.
The following extract from the report of the case is taken from the Shanghai Mercury ..
Mr. Douglas (examining Mr. Norman Thomson, one of the auditors of the Com- pany)Did the China Mutual own sharen in the Cathay Trustees
Witness-Have I to answer that ques tion i
His Lordship-Yes. ***-
Q-To what extent-what value in money, A-75,000 shares at Tls 10- TIs. 750,000,
Q-Original allotment. A-Yes.
Q-Did they purchase any others. A- Yes A small amount
Q-When did they port with them.. A.They parted with them under a decu of arrangement.
WM. POWELL, LTD.
TELEFLONE 346.
DRAPERS. MILLINERS. OUTFITTERS. COMPLETE HOUSE FURNISHERS. GENTLEMEN'S TAILORS.
'SOME OF THE THINGS WE STOCK”
CHINA. GLASS.
CUTLERY.
BOOKCASES.
ELECTRO-PLATE WARE.
STANDARD LAMPS AND SHADES.
WRITING DESKS, ETC. INSPECTION INVITED.
INDO-CHINA PORTLAND CEMENT COMPANY, LTD.
FAMOUS
DRAGON
BRAND
CEMENT
CEMEN
MONTLANG
ONG
ALWAYS IN STOCK
HIGH
QUALITY BUILDING
CEMENT
Apply to P. SOFFIETTI & Co., 14, Des Voeux Road Central, 1st Floor.Telethons 289.
(10491
we were of
THE
QUALITY AND DURABILITY
OF
THE
MOUTRIE
PIANO
is BACKED
* GUARANTEE
for FIVE YEARS.
PRICES from $385.
MOUTRIE & CO., LTD.
NOTICES TO CONSIGNEES
GLEN" LINE OF STEAMERS.
NOTICE TO CONSIGNEES.
FROM ANTWERP, IMMINGHAM, LONDON AND SINGAPORE. THE
THE Steamship
GLEN STRAE" Captain J. McGillivray, having arrived from the above Ports, Consignees of Cargo are hereby informed that their Goods are being landed at their risk into the Goderns of the Hongkong and Kowloon Wharf and Godown Company, Limited, Kowloon, and stored at Consignees risk and expense
All broken, chafed and damaged Goods are to be left in the Godowns, where they will be examined on SATURDAY, 6th. Dan, at 10.A.M.
All Claims must be presented within FIFTEEN DAYS of the Steamer's arrival here, after which date they cannot be recognized,
No Claims will be admitted after the Gooda have left the Godowns, and all Goods remaining undelivered after the 6th Dec. will be subject to rent
No Fire Insurance has been effected. Bills of Lading will be countersigned by
SHEWAN, TOMES & Co, Agents Hongkong, 29th November, 1913.
NOTICE TO CONSIGNEES
[1384
FROM SHANGHAL, YOKOHAMA, KOBE AND MOJI
“TORILLA,"!!!
Mr. Jones said thal part of the case was and what might seem a considerable su Mr. Douglas-I am not here to teach proved.
It was not necessary to to an individual was comparatively very both the witness and Mr. Jones law, through to see when they parted.
much smaller in dealing with the funds surely Witness said the Company did bold of a company of such a large capital as
Hi Lordship-There have been several them on 31st March, 1811, and they were this. The view of the directors was that cases. included in the Ggure of Tls. 1,475.982 these were in no way speculations. They Referring to Mr. Wattie's statement, which appeared in the balance-sheet as were shares acquired in consequence of Mr. Douglas asked-Do you say now as the total of stocks and shares,
knowledge which the board had through an honourable man that that statement HE Steamship Witness detailed the shares dealt in by their agents and were auro all other the statement was made that from our own
by. is a true statement? AI say that when THE the China Mutual as-2,000 Java Com board a time when apart from Bolidateds, 6,008 Java Consolidateds, 3,700 considerations these shares were readily intentions in the matter
very much opinion it was a true Cottons, 700 Java Consolidateds, 10 higher price indeed. The
made Q-At the time it was not dealt in as a speculation. They were Senawangs and 140 Peräks.
· [1035
you knew Mr. Douglas-One of these is "cottons," an investment for the surplus funds of there was a good deal of talk and speculating the company and they in fact brought rumour about the curedly.
in rubber. A-Most
QThat statement was made with the express purpose of disabusing the mind A-The of the public on that point, statement was one of fact. Probably the chief reason for it was to stop the remarks
STEAMBOAT Co., LTD.,
Hotel Mansions. Hongkong, 4th September, 1913,
TO LET.
HOP, No. 12, Queen's Road Central.
No. 9, MOUNTAIN VIEW, PEAK
Apply to
M. J. D. STEPHENS.
(72% Hongkong, 17th July, 1913.
TO LET.
FFICES, ROOMS, end GODOWNS, on
Cround and Second Floors, No. 14, Des, Vesar Road Contral, the Premises now occupied by The Spath China Morning Post, Limited,
Possession, let May, 1914, or earlier. FLATS, WILD DELL" Wanchai Bead. HOMESTEAD," No. 4, Peak. Immediate possession.
Apply to...
SANG KEE Cars of COMPRADORE DEPARTMENT, Hongkong and Shanghai Bank, T1093 Hongkong, 28th October, 1913.
TO LET.
TERION, Nos. 9 and 10, PLAK, Unfurnish M
ed. 6 Roonis. Cheap rental, from lat December, Newly Painted and Coloarwashud.
1, CAMERON VILLAS, No. 60, PEAK, To Let, Farnished, for 1 year from 1st May.
"ROGATE," Austin Road; ́Kowloon Unfurnished.
MOUNT KELLETT No. 68, PEAK. (Church Mission Socisty Bungalow), from 1st October, 1913, till 30th May, 1914. Partly Furnished. Cheap real.
FOR SALE OR TO LET. (Fron 1st November, 1918.)
No. 1, GOUGH HILI, No. 103, PEAK, Bungalow, coutaining Drawing, Diring and Smoking Rooms and Five Bedrooms With Ground for Tennis Court.
Java Consolidateds, 10 Kalumpongs, 275 saleable upon the market athares were adhere to that.ent, und Ihaving arrived from the above Ports, Con-
all the rest are rubber? A. Yes.
Cross-examined by Mr. Jones--Any new enterprise or loan money on security.
fair and proper returns. The company never lost one single cash in any of these investments. The evidence re the Cathay Trust, be submitted, must be disregarded. It was perfectly clear that company was not a rubber company.
1903.
He was
His Lordship-It is a loan Company. Re-examined on the question of buying and selling forward, witness said he would not call that owning shares, because they were allocated elsewhere,
Mr. C. R. Burkill was the first witness Mr. Douglas--If the broker does not for the defence. He said he was a Which were affecting the company's A-No. The business never director of the China Mutual, joining izbusiness. pay, you are the owner f
His Lordship-Of course you own them. June,
at home went down.
Q. Do you think the statement a Witness further stated that his firm from May, 1910, to October, 1910, were joint lucitors of the Cathay Trust. There Was 2 very large amount proper one. I put it to you it was more
fikely to mislead. forward "going on of cashing Mr. Douglas-They made a very large
Mr. Burkill Look here, Mr. Dougins, The general advance to the Stock Exchange in 1910. before the rubber boom. It was to enable people to pay for shares reason was that during the period they there has never been any attempt on the which otherwise would been on the China got a high rate of interest for their part of the directors of the China Mutual Mutual hands and they would have owned money. His view of the transactions was to mislead anybody and as long as I am that they were lending out money at a with the company there never will be any thera in every sense of the word.
Re-examined, witness said "if plaintiff Q-They actually took up the whole high interest and what he looked upon such attempt. ISSUE of one rubber Company-the Zinngheas regarded the contracts was the name
of the broker who signed. From their bad come to the company, he could have issue. A-Yes.
The case was then adjourned. Mr. Jones then addressed the Court experience of Shanghai and acquaintance had any information he wanted.
with general business here and intimate and said very careful consideration must be given to the precise issues of the plead-acquaintance with the brokers the board good knowledge of their financial ings. The position was that a contract stability. They would not have made had been entered into between two these transactions with any broker. Some parties, the Company and the plaintiff, of the biggest loans made were on con ard the terms of the contract had been panics managed by J. A. Wattio & Co., reduced to writing. It was set out clearly who were the agents of the China Mutual. in documents relating to it, the policy Mr. Wattic was a member of the board. and the application, and in the first place These were Anglo-Javis, Java Consoli what was to be done was to ase rtain the dated, and Tebongs. It was his opinion that the company should be very con- terms of the contract.
His Lordship-The contract is all right, servative in this matter and after it first the point is, was there such misrepresenta came to his notice only the Tis 18,000 tion as would upset the contract. If not made on the Tebongs was invested. On the burden of proof was on Mr. Douglas. the day the board were offered Anglo Mr. Jones argued that a term of the Javos at 4 they were selling at 32. He agreement was that any representations had no intention of speculating and when must be in writing. They had to deter they took the shares the advance in the fine what was actually said and done and market was already a matter of fact, not Mr. Waitie had told what it was, in fact, that Mr. Due relied of speculation.
hid
a
on when he entere into the contract. It witness he would hold himself responsible if there was any loss. He did not was necessary to inquire whether it was consider the Cathay Trust a rubber "HARTING and ROGATE on part of relevant statement and if it was made company. The China Mutual also hold
FOR SALE.
Kowloon Inland Lut No. 1154.
Apply to LINSTEAD & DAVIS,
3rd Floor, Alexandra Buildings.
Hongkong, 2nd December, 1913,
f64
TO LET,
Until 31st December, 1914
BOP and 1 ROOM, on 1st Floor of 5
Queen's Rod Central. Apply
A
They
in such a way as, apart from all other Hongkong and Shanghai Bank shares pointe, bound the Company Any such and ho knew the bank had advance! representation must be secured in writing monies to rubber companies." from the office of the Company. The Cross-examined by Mr. Douglas-He reason for this was obvious. Plaintif we
was not present at the meeting of 17th not entitled to rely on anything that Mr. May, 1910, Most of the transactions were Lindsay said in a claim for rescission, put before the directors. The principal With regard to Mr. Wattie's statement, brokers were J, A. Wattie & Co.. that was made in a speech made to the Benjamin & Potta, and W. C. Firie. ⠀⠀ shareholders. I was abundantly clear
Mr. Douglas How may brokers in that such a statement did not bind the Shanghai would not have paid without D. CHELLARAM,
Company for the simple reason, which the loan to the Stock Exchange? 38/40, Qneer's Road Ceatral.
was logical and clear and could not be That hit nothing to do with me Hongkong, 11th November, 1918, 812
get behind, Hint it was not made in any have acted as honourable men and paid transaction between the Company and any large sums of money. I think the TO LET.
third party.
would have paid us irrespective of the NOUR-ROOMED HOUSES in Granville Mr. Jones, in reply to His Lordahin, Stock Exchange loan. FOUR Road Salisbury Avenue, Kaloon, snid he was submitting there was no case
It was his opinion that the brokers they Cheap rentals.
to go to a jury or to His Lordship sitting dealt with would pay. They had. money as a jury. SHOP with GODOWN attached, Nathan Is Lordship-I shall not be able to of their own, Road, Kowloon. Kowloon Marine Lot No. 48, take that view, with Whart
Apply to-
HUMPHREYS ESTATE & FINANCE
Co., LTD., Alexandra Buildings, Hongkong, 12th November, 1913.
[1313
Mr. Douglas This Court has held that Mr. Jones then concluded that all the the broker is under no obligation to pay transactions were sound investments you. A don't study the law reports. I went on bearing rates of interest upon a certain I don't know what law is. portion of the company's capital for their honour and I have never had reason to alter my opinion. The law is too moment there was no difficult for pe which at the
The funds available investment handy.
Mr. Jones asked Mr. Douglas to give of the company were very large indeed.
the case.
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NOTICES TO CONSIGNEES
S.S. POLYNESIEN:" COMPAGNIE DES MESSAGERIES MARITIMES.
NOTICE.
YONSIGNEES of Cargo from London ex 6.8.
Havre
SI s. "Sidon" In connection with above Steamer are hereby informed that their Goods with the exception of Opiam, Treasure and Valuables are being landed and stored at their risks into the hazardous and/or extra hazardous Godowns of the Hongkong and Kowloon Wharf and Godown Co., Ltd., at Kowloon, whence delivery may be obtained immediately after landing."
intimation is received from the Consigness Optional Cargo will to forwarded on unless before NOON TO-DAY requesting it to be landed here.
Bills of Lading will be countersigned by the Undersigned. Goods remaining undained after the 8th inst. at Noon will be enbject to rent and landing charges.
All Claims must be sent in to me on or before the 10th inst, or they will not be recognized.
All damaged packages will be examined or the 8th inst, at 10 AM.
No Fire Insuranco has been effected.
S. C. de BUSSIERRE,
Acting Agent. Hongkong, 1st December, 1913.
12
SWEDISH EAST ASIATIC CO., LTD., GOTHENBURG,
NOTICE TO CONSIGNEES.
Steamship
CANTON
signces of Cargo are hereby informed that thoir THE Goods will be delivered from alongside,
Cargo impeding the discharge will be landed having arrived, Consignees of Cargo are hereby at consignees ritir and expense into the hazarded that the Goode, with the orsoption dous and/or extra bezardous Godowns of the of Opium, Treasure and Vainables, are being storul at their risk into Hongkong and Kowloon Wharf and Godown landed a
the hazardous and/or extra bazarione Company, Limited.
No Fire Insurance has been effected.
Godowns of the Hongkong and Kowloon Bills of Lading will be countersigned by the Wharf and Godown Company, Limited, Undersigned
Kowloon, and West Point Godowns, whence delivery may be obtained.
DAVID SASSOON & Co., LTD.,
Agents.
160 Hongkong, 2nd December, 1913.
THE
NOTICE TO CONSIGNEES.
THE P. & O. S. N, Co.'s Steamer
**SIMLA," Arrived Hongkong on 29th November, 1933, FROM ANTWERP. LONDON, MALTA,
PORT SAID, SUEZ AND STRAITS, Consignees of Cargo by the above-nanied vessel are hereby informed that their goods are, being landed and placeil AT TEXIE HIGK in the Hongkong and Kowloon Wharf and Godown Company's Godowns at Kowloon, where each Consignment will be sorted out. Mark by Mark and delivery can be obtained as the Goods are landed
Optional Goods will be landed here unless Instructions are givou to the contrary within 16 hours.
Goods not cleared within B daya including date of arrival will be subject to rent.
Optional Carge will be forwarded.on unlera intimation is received from the Consigneer before Noun TO-DAY. requesting to be landed bere
No Claims will be admitted after the Goods have left the Godowns, and all Goods remaining undelivered after the 8th inst. will be subject to rent.
All broken, chefed, and damaged Goods are to
be left in the Godowns, when they will be jexamined on the 6th inst., at 9.30a.m.
All Claims must roach us before the 12th inst, or they will not be recognized.
No Fire Insurance will be affected. Bille of Lading will be countersigned by the Undersigned.
ARTHUR, NILSSON & Co. Agenta.
[40 Hongkong, 1st December, 1913.
FROM EUROPE..
No Fire Insurance will be effected by me in THE HAL. Steamship
any case whatever.
Damaged packages must be left in the
EMDEN,"
Godowns for examination by the Consignees Captain B, Kotzle, having arrived, Consigneer and the Company's surveyors, hiesers. GODDARD of Cargo are horeby informed that their and Doueras, at 10 AM. on Mondays and Goods are being lauded and placed at their risk THURSDAYS. All Claims must be presented in the hazardons and/or extra-hazardous Go- within ten days of the steamer's arrival here, downs of the Hongkong and Kowloon Wharf after which date they cannot be recognised. and Godown Company, Limited, at Hongkong No Claims will be admitted after the Goods and/or Kowloon, whence delivery may be have left the. Godowna,
obtained against Bills-of-Lading countersigned by the Undersignal.
E. A HEWETT
Superintendent. Hongkong, 29th November, 1913, NO. AMERICAN AND MANCHURIAN LINE
NOTICE TO CONSIGNEES.
FROM NEW YORK.
HE Steamship
TH
FAFUE,"
Optional Cargo will be carried on unleas notice to the contrary bo given To DAY.
All Claims must be presented within ten days of the steamer's arrival here, after which date they cannot be recognised.
No Claims will be admitted rifter the Goods Eave left the Godowns, and all Goode rerasining undelivered after the 9th Dec. will be subject to renter
All broken, chafed, and damaged Goods must be left in the Godowns, where they will le
Captain B. Leslie, having arrived from examined on the 9tis Deo, at 9.30 AM.
any case whatever.bang
the above Part, Consignees of Cargo are: No Fire Insurance will be effected by us to hereby informed that their Goods are being landed at their risk into the Godowns of the Hongkong and Kowloon Wharf and Godown Company, Limited, Kowloon and stored at Consigncos' risk and expence
All broken, chated, and damaged Goods are to be left in the Godowns, where they will be the 8th inst, at examined on MONDAY,
10 AM
All Claims must be presented within FIFTEEN DAYS of the Bleamer's arrival here, after which date they cannot be recognized,
This Steamer brings on Cargo:
Exes. Jauger from Lisbon, - Exsa Keur Sigur" from Christiania.. -Ersa. "Jacebo from Halmstad. Ex 8.6.
"Bygile" from Drammen: HAMBURG-AMERIKA LINIE,
Hongkong Offxò.. Hongkong, 3rd December, 1913.
No Claims will be admitted after the Goods have left the Godewas, and all Goods reinsining audelivered after the 8th inst. will be subjectAS
to rent
No Fire Insurance bas been effected. Hills of Lading will be countersigned by
SHEWAN, TOMÈS & Co.. General Agents. Hongkong, 1st D. cember. 1913. 11591
[1394
FOR SALE: COMPRESSOR with ELECTRIC MOTOR and FITTINGS. Win increase ordinary lighting power by 25 per cent without extra cost.
Apply
· 1
MANAGER, "Hongkong Daily Press Office.