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THE HONGKONG NALLY PRESS WEDNESDA “NOVEMBEB) 18:10191€
PASSAGE ON THE GERMAN
MAIL.
SUCCESSFUL ACTION AGAINST
THE N.D.L. AGENTS.
A
caso of considerable interest, involving circumstances such as have been experienced by a large number of people who were travelling on German ligers when war broke out, was decided by Mr.. Dyson in the District Civil Court yester day, says the Straits Times of the 7th inst The plaintiff was Mr. Alfred Lea, who sued Behn, Meyer & Co. for 8240.70, being
damages for breach of a contract to supply plaintiff's son with a passage from England to Singapore and back, and alternatively for money paid on a total ailure of consideration.
From the evidence it appeared that on Juno 4th plaintiff went to the office of Bohn, Moyer & Co., whom he know to bo the agents for the Nord Deutscher Lloyd, and enquired about a passage for his son, a schoolboy, from England to Bingapors and back, He paid the price of a ticket and received an order signed by defendants as agents for the N.D.L which could be exchanged for the return ticket from Singapore within a certain tinie. The assistant whom he spoke to informed him that a similar order would bo sent to his son in England for the outward passage. The boy sailed from Ergland on the Bulow on July 28th, but was landed at Lisbon, from where he wrate, to plaintiff. On boing landed he was given an order signed by the pay- master of the Bulow, an order for the continuation of the voyage, from Lisbon to Singapore, The Bulon's voyags apparently was abandoned at Lisbon.
THE LEGAL POSITION.
WM POWELL,
POWELL MOUTRIE
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[649
Several opinions were expressed as to the cause of the men now interned in Helland losing their way, but the most generally accepted was tersely expressed thus, The pontoon bridge at Antwerp was blown up in the belief that all the men had crossed, but they had not, and those who remained on the Antwerp side of the river had to find another way, and took the wrong one, probably assisted by a spy.",
that a spy was shot???
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anxious mother pleaded gently, "All right, mother, but you must let me out alone for just a little while where there is a tightening of the lips- no war," no use and no excitement and with
Those being the facts, says bis Honour in his judgment, it is necessary to consider the legal position of the parties. Plaintif says he made a contract with defendants personally and that contract was contained in the conversation with defendants' assistant. Defendants say
THE TENIBLE "JAUK JOHNSONI.” they were not contracting personally but as agents of the N.D.L. and that two reached London on October 14th bore The men of the Naval Brigade who contracts were entered inte, one, con- tained in the document handed to ample traces of their terrible week in the
SEARCHED AND SHOT. plaintiff and the other in the document trenches at Antwerp and their forced Certainly. He was a man who spoke sent to his son, Before considering the march to the coast. Weary, and dirty French volubly. He offered his guidance, fact of this particular caso let us consider but in splendid spirits, they chatted of and his offer was accepted, but not what would happen in ordinary times the ordeal through which they had passed. without caution. Very soon he was lead- A man gees to defendants to engage a
When we left Deal ve understood weng us astray He was instantly searched, pusage by the N.D.L. which he knows to were going to Dunkirk for some sort of be a foreign firm. If he wore asked whom exercise, a smart, well set up London
and, no doubt remaining, he was shot," he was contracting with
The strain through which these gallant he would Naval Volunteer told a representative of lads had passed was suddenly illumined certainly aay that the relationship the Pull fall Gazette. If we had known by just a chance remark before leaying between defendants and the N.D.L. had we were going on active service some of the station, nothing to do with him, he was contractus would not have taken all the things ing with defendants and would hold them we did--and have left behind.” responsible. Supposing a dispute to arise it is extremely improbable that that they might have been told that There was no word of complaint, only defendants would risk certain unpop serious work was expected of them, larity by setting up the defence that they When we got into the trenches at were merely agents and that therefore the Antvorp we soon realised what we were action would not lie. In making these in for. It wasn't exactly breaking a man remarks I do not wish to cast any reflecin gently to begin with Jack Johnsons, tion on the course adopted by defendants. The circumstances are unprecedented and there were no shirkers. I was some- they are entitled to raise any defence what more fortunate than the majority they can. In the present caso plaintiff of the others, as I was able to net as believed he was contracting with the interpreter, and saw a good deal of the defendants personally, and I believe that fortifications of the city felf, but I can't defendants, if naked at the tinio whom say much about what happened, for tho the contract was between, would have simple reason that I don't know. It all said that the contract was between plain seems like a rather bad nightmare at tiff and themselves either as principals present, and I can't get the hiss and roar or as agents of the N.D.L... I believe of the shrapnel and shell out of my cars that this refinement of here being two yolu papakat by th contracts was discovered by the ingenuity of defendants' solicitors and never The Jack Johnsons, as they are entend their heads at the time the called, left us helpless. They are terrible contract was made. I find therefore that weapons. I saw one of these big shells contract was continued in the conversa burat from my bomb-proof. It burst near tion between plaintiff and defendants' some big trees-trees with trunks about assistant. It is a well-known rule of three feet in diameter and tore down no law that the agent of a foreign principal wer than seventeen of them, ripping them
SPIES EVERYWHERE.
is personally liable for contracts entered like matchwood and finging a great cloud into on behalf of his principal, unless of earth skywards. The Germans got the he contracts himself out of his liability.
There are spies
In this case there is no evidence that the range nicely, but there's little to be assistant over said anything to show that wondered at in that. defendants were acting merely as agents,verywhere. You can't trust a man or and therefore I must hold them poreon woman unless you know them. Here is ally liable on the contract. In the course
one instance, of the argument it was suggested that this verbal contract would be void under the Statute of Frauds, but I am satisfied that, where the consideration is wholly executed by the plaintiff, the Statute of Frauds does not apply.
THE LAW ON THE CASE,
We had just changed position, and got comfortably into a newly-dug trench when a nurse came along waving her arms in the air and asking if there were any poor wounded there. A moment later: sho had vanished. The next we knew was that the deer soul had made straight for amill some distance off, and from there Referring to another line of defence his signalled to the Germans, enabling their Honour said-Now it might be argued gunners to locate us. That sort of thing that the contract between the parties is going on wherever the Clermans are, based on the continuance of peace. In and even in one short week there were fact that is what the defence I am dealing hundreds of instances. with amounts to Then on the analogy Shrapnel was the worst, and some of of the case, Appleby v. Myers, LR. 2 us in the trench in which I was had C.P. 651, the partics would be excused innumerable narrow escapes. I had a from further performance of the contract. part of my trousers leg torn off, a tin Defendants would get nothing for the voyage as far as Lisbon and must return was riddled, and a blast from a Jack can in which I was boiling water for tea plaintiff's money.
Johnson shell rolled me lead over lidels. The next defence relied on passage money paid in advance was not was scarce, so, taking it all round, vae was that There was no sleep for anybody, and food recoverable under the circumstances. His week at Antwerp was a grim sort of Honour dismissed that.
The scenes by the way as the men per formed the forced merch of over thirty miles to Wilryck are likely to remain for over a terrible memory.
The final defence was that defendants introduction to warfare. I don't know were not liable bes we thor ind elready and I don't care why we went, but the remitted the money to their principals brigade has no reason to feel other than Defendants, says his Honour, have a proud of its work. running account with the N.D.L. and their books show that they remi teil large sums to them by telegram in June and July. If the sums received by them on behalf of their principals are taken to be
RUGKE TRAGEDIES, remitted consecutively in order of date, Thousands and thousands of refugees then the amount paid by plaintiff has covered the roads for miles, I would been remitted to the N.D.L. It is, how rather face the Germans for a year than ever, not denied that defendants have in witness such scenes again for an hour. hand a sufficient sum of money belonging Women with little children fastened, to to their principals to meet plaintiff's them and others dragging along at their cluim. The general rule where the agent, feet, old women who could scarcely hobble contrats as principal is laid down in dragging them clves forward, and old Bowstead, Article 196 The cat is personally responsible, whether he has carrying bundles containing all they paid over the money to his principal or bad aayed of their worldly belongings, not. The rule is founded on common with terror and grief on every face. If seuse. It would be manifest fair a child strayed it was left to remain a au agent, after acting as prinsipat, could baths*ic little figure in the surging stream immediately reliye imself of All until-heaven knows what if a woman! the money over to his gave in in despair and sheer exhaustion, princip
wolfanlages he too was left. Many fell out to die. His Honour found that all be defences. When the day of reckoning comes to the daim failed and gave udgment for Germany will have an awfel price to pay plaintiff with costs. Mr. Upoort, if justice is meted out to her for the announced his intention to appeal. torture of Belgium."
liability by
H. K. V P, ORDER NO. 32:
BY MAJOR WAHUMAN," COMMANDING HK.FR.
PARADES As ordered. The attention of all ranks is called to paragraphs 3 and 4 in orders dated 1th October, 1914, which are as follows:
"3. Written applications for leave of absence from Farndes must be for warded to Company Commanders, who
BRAND INDIAN CONDIMENTS. SREEKISSEN DUTT & CO.,
7 CALCUTTA,
THE PREMIER CONDIMENT HOUSE IN INDIA.
A. B. MOULDER & CO. LTD.. SOLE AGENTS FOR HONGKONG AND SOUTH CRINI.
[825
Hongkong, 18th June 1914.
will only grant such leave for suficient THE TAIKOO DOCKYARD
reasons. In case of sickness, a medical certificate must be attained from one of the Volunteer Corps Medical Officers.!!
4. Company Sergeant Majors (or, if absent senior sergeants of Com- panies) will furnish a list of absentees to the Adjutant, together with the "Parade State one for each Com- pany--before noon on the day following the Parade, 2-FIELD DAYA ordered for Sunday,
22nd inst. All ranks of Nos. 1 and 2) Companies are required to attend, and all unexcused men from No. 3 Com L. G. BIRD, Captain,
Adjutant, H.KV.R.
pany.
THE NEW FRENCH REMEDY.
THERAPION NO.
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THERAPION NI 2 THERAPION NO. 3
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