THE LIQUIDATION OF A GERMAN FIRM
BREACH OF COMPRADORE'S AGREEMENT.
con
or
kx at
hot payment
THM: HONGKONG
PRESS, THURSDAY, JANUARY 9TH, 1919,
THE RIGHT TO CRITICISE. INTERESTING LIBEL CASE IN LONDON.
Mr. Ellis T. Powell, editor of the Finan-
what he called defects and ambiguities in plaintif'e system
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am dealing with the question of the opeyat, as the war had not finished. It was ration of the decturation of war on the highly undesirable, in the interest of Continuing, Mr. Alabaster British creditors, that assets in respect country. stated that be had pleaded that by reason of executed contracts should not be
In the King's Bench Division, recently, of the declaration of war the contract collected and paid to them for a period
The other side and of four to five years as évente had turned Mr. Juation Darling with 'a special jury cud. an AN INTERESTING CLAIM.
They say that the ont. For instance, a Chinawan who had concluded the hearing of the case Dutton I the Supreme Court, yesterday, pleaded avoidance.
The jury found for the plaintiff on the before the Chief Justice (Sir Wm. Rese outbreak of war did not have its usual benefited by an executed contract might Sir Isaac Pitwan and Sons, Limited. Davies, K.C.), the hearing was continued incidents as the plaintiffs were licensed be good for the money to day, but might
Lamages. Plaintiff was deprived of bis of the action in which Mr. John Owen to do the things which they did do. He not be good for it afice four Chinesee of libel, awarding one farthing outs. On the issue of slander of title. Hughes, liquidator of the business and contended that they had no licence to New Years had elapsed. So it was personal affairs of Albert, Wilhelm Arthur deliver any goods except against cash, obviously commercially desirable for both which had not been proceeded with, judg Becker ( partner of the firm of Messrs.but they picaded that the licence allowed parties that outstanding liabilities ment was entered for the defendants.
excouted contracts should be paid in, and
Plaintiff, Mr. Reginald John Garfield Sander, Wieler & Co.) and Mesurs Harry them to carry un exactly as before.
His Lordship: And you are saying it it was obviously desirable, also, for batton, Great Russell-street, W.C., and of Wicking & Co. (the liquidators of the
political reasons that the Germans should Skegness, complained of a circalar issued hadess of the firm of Messrs. Bander, is not evi It is a question of fact.
Mr. Alabaster: Yes. There is คน not have any sort of entity in the shape by Sir Isaac Picman & Bon, Ltd., Pater- Wieler & Co.), claimed from Chin Wah. gopradore of the Arm, $66,000 for question of a further pleading or amend of business going on at the conclusion of
noster-row, which he said represented that toDutton's system of shorthand was value damages, losses and expenses incurred by od pleading. Whatever the livence gave the war, because that would tend
them it did not permit them to get goods strengthen their credit during the war.fess and not workable. Defendants, who reach of a compradore's agreement.
The Hon. Mr. E. H. Sharp, K.except against cash, Some of these goods Mr. Alabaster went on to discuss there the owners of a rival system, denied .B.E., and the Hon. Mr. H. E. Pollock.
wust have been delivered later than preamble of the Ordinance about alien the words were libellous, and pleaded fait K.C. (instructed by Mr. H. J. Gudge) appeared for plaintiffs; and Mr. C. G. August 28th. There are three possible enemies leaving the Colony and the winquent on a matter of public interest: Ainbaster, U.B.E., and Mr. Eldan Potter things the goods were delivered before ing-up of their businesses, and said that Mr. Lewis Thomas, R.C., and Mr. VELOUR (instructed by Mr. C. D. Wilkinson) being paid for; the goods were delivered the object of the Ordinabee did not go Patrick Hastings (instructed by Mesers.
against cash
credited any further than was set forth in the Strong & Bolden) appeared for plaintiff; appeared for the defendants.
Continuing his argument. Festerday, against these contracts, which they had preamble. He concluded by defining the and Mr. McCall, K.C., Mr. Douglas J. A. Slater (instructed by Messrs. Corbin, ine right to do according to the licence; position of a liquidator, who, he said, Hogg, K.C., Sir Hugh Fraser, and Mr. Mr Alabaster said the only permission
the goods were delivered without her exactly the same right, as regards an
Greener, & Cook) were for defendants. the firm of Bander, Weiler & Co. received was to get rid of all the stocks, which being paid for. They were not licenced enemy business as the enemy himself.
to do anything which justified claims Mr. Sharp contended that the liability ciut Neur, called for the defence, said he would have had to be got rid of note.
The claim against his continued although the loss was unascer
was a Fellow of the Institute of Journalists hor, as obviously they could not be kept against them.
It would dient was for goods which were not detainable and although the compradore and a member of the Bar. He had boon indefinitely in the godowns. not have been in British interests to keep fivered to the original buyers but were ceased to be compradore. The compradore a writer of Pitman's shorthand for thirty. them in the godown. It was immaterial sold and delivered to other persons. The was responsible for all losses; he had to two years. He agreed generally with the for dentages and make good any loss, insurance, damages, criticism of which plaintiff complained. claitos, also, were breach of contract. With regard to that etc., if the contract was mode while be Illustrations were given by witness of noint. They do not draw the feet or make them ache with a
was compradore. The whole tenor of the they contended that an alien enemy firm such as Sander, Wieler & Co. could not compradore's agreement was against the sue Chinese buyers for refusing to take defendant. According to that agreement delivery, after the war, of goods in pura compradore must give six months' For the con- sanre of contracts made before the war, notice of his resignation.
being an executory contract on both tracts made during his time 6 to 19 months were given for the arrival of the goods. The goods had not been delivered, aides
either had they been paid for. Sandur. It was surely monstrous to think that Wieler & Co. had the goods, the Chinese the compradore could be relieved of Sach contracts obligations entered into by him while he was in the firm just because his time terminated at the outbreak of war. Alabaster referred to the cass of Kregling-expired and he was not in the firm? 1f
Mr. Justice Darling, summing up, said, Cohen on a breach of contract, and that contention was to hold good, it meant said in that case the contract was entered that at any time the compradors and the nileged libel was on the plaintiff per
been ridiculed. Many people were ridi- atocks not on original terms bul for carb into beform the war but was aubsequently surety came to the conclusion that the sonally; and not on his system of short- the war market was looking bad and they wished hand. It was complained that he had pudiated after the
As regarded the dissolved it. Therefore, in this instance to evade the liability already incurred on guled every week in Punch, and some were latter, he could not help thinking that to when those goods were actually de- the plaintiffs could not make any claim existing contracts they could give, six hardly ever omitted. livered, no evidence as to whether thes against the compradore or the surety who menths' notios and finish the agroetenbeyanld be very much distressed if they Bupposing after Was that commonsense?" It was contrary were left out, because it would indicate that nobody was taking any interest in were delivered before the war, but his guaranteed payment.
of the the war the market' price rose consider to the law; it was absurd, monstrous them. (Laughter.) But ridicule of that Lordship would see from some accounts that some of the goods could not ably higher than the contract price and What would be the value of a compresort was not actionable. A person could America without anying something about: have been delivered before Augum 28th,it did not wait Mera Sander, Wieler dore's guarantee? The defendant in the not say anything about the discovery of 1814, when permission for sale was given. & Co. to deliver goods to the original case went on gaily from October 1st to Christopher Columbus. It did not follow
the man himself was ridiculed. Many of the goods were not alleged to buyer-in that case the original buyer April 1st guaranteeing contracts which that because a man's system was ridiouled have arrived in the Colony until after could not have ated the company, as they would be delivered nine months' hence might condemn a system in very strong cas, or exaggeration, but none of these The others might would have pleaded such a contract was Not a single bale would be received before language, using irony, caricature, Bts
dissolved at the outbreak of the war.
forms must be used onfairy, If a person Another reason why a Chinese buyer could
did not misstate the facts he might man used a weapon to defend himself, as refuse to have anything to do with the
absolutely condemn a thing. matter was that Hongkong was a port Mr. Sharp then pro dad to analyse the he had a right to do, ho must not use it. the Rolls, dealing with a summing-up of and even if the goods had been delivered
Mr. Justice Field, said if criticism was to him and been paid for by him the compradoro's agreement, paragraph by unfairly. Lord Eshor, when Master of "na more than fair, honest, independent, open, even exaggerated," then the verdin licence they had to receive cash for theCrown could take them away from him paragraph till late in the afternoon.
must be for the defendant. Again, Lord Bowen said, "The criticism is to be fair- the expression is to be fair-the only limitation is the expression." In the pre sent action it was the expression of the opinion which was to be fair, the opinion could not be complained of-in other words, was the unfavourable opinion fair.
maliciously expressed?
to the Colonial Government whether those aleks were disposed of under new tracts with the original nyere, or under new contracts with others persons. Now, the claim made against the defendant was in two parts-partly in respect of goods delivered to the original buyers, and parily in respect of goods delivered to other people who were not the original buyers. Bis Lordship would see from the
Recounts attached in the Letter of De mand, made in 1917 long after war had commenced, that part of the gonds de fiscred were not sold. The plaintiffs were elaiting to difference of loss between the market and contract price, The Gov. erament gave then permission to sell
The goods delivered were not paid for in any way.
There was no evidence a
the outbreak of war.
have been delivered before or after, but there was no evidence on the point. The licence clearly showed that they had to deliver the goods against cash.
His Lordship: Under the terms of the
Bocals?
buyers had thus money.
W&T дв
Mr.
This would leave him in a nice position indeed.
the expiration of that period. He then broku off his agreement and said: "I am not liable." That was not common sense,
The case was adjourned till to-day.
His Lordship said that the answer to THE MIXED COURT, SHANGHAI that might be that the Crown would por
AN IMPORTANT QUESTION OF
Mr. Alabaster: Yes. Continuing, coun- Fol said, there were only three possible One was that the Banks explanations. had, in fact, received cash for the goods.
intervene. the goods
Mr. Alabaster: That is not an answer. and,
if they bad,
the and then
defendants His Lordship: That will be some:
Underground as regards the position of the com
pradore and the surety.
paid for
wer:
were
PRINCIPLE.
Mr. Charles Baker, proprietor audi editor of the Newspaper World, said be did not call Dutton's system a phonetic Pitman's WAS 22) absolutely Ia Dutton's system. accurate phonetic system. system the same shorthand form repre- Mr. George Emery, a member of the eated a great many words. Institute of Shorthand Writers, practising in the Supreme Court of Judicature, said he had studied plaintiff's system, and he agreed generally with the criticism com plained of
Of all the singular cases ever dealt withly expressed Timble for it net
by the Mixed Court, that which has now of
licence they ԱՎԵՐԻ the
tho terms
become known as the Passeri Case" is not allowed to deliver goods to the ori
Mr. Alabaster said it was against ginal buyer without payment. So if the Chinese buyer.
Supposing he came to probably the most extraordinary (says the Mr. Passeri was explanation was that the goods were de
any counsel in the Colony and said that. Daily News). livered against the contract price, they the license would let hinx have the goods found by the Court-consisting of Mr. G. were paid for and could not be claimed. at the original price if he paid cash, and Rus, Italian Assessor and Magistrato Yo The next possible explanation was that asked would he be safe in taking that--to have been appointed liquidator of
殖 could they were delivered, and an equivalent what
answer
counsel give?)
the Deutsch-Asiatische Bank and to be
amount was paid, and that they did not He would have to say "no," but that the entitled to something just under Tls.
credit this amount against theee contracts, They might have credited the amount. to something else.
His Lordship: They have no right to' do that.
Mr Alabaster: That will be
They
answer.
would defort
man could take his chance.
His Lordship: And the Marshal or any body will be entitled to take the goods.
Mr. Alabaster: Nothing can deprive the Crown of any prize where they have the my right. The Winding-up Ordinance docs not help them. Continuing, Mr. Alabas-
the
200,000 remuneration. Against this doti- sign the Bureau of Liquidation asked for leave to appeal, the result being that the Assessor refused and the Magistrate granted it, ordering that the money paid into Court should be kopt there. If the remarks of the learned Magistrate has been interpreted correctly, it would seem
very object of the restricted licence, ter said that the object of the Trading that while, as he claims, his judgement and would enable the Cantou branch of with the Enetny Ordinance was to carry was uninfluenced, pressure was brought to boar on him by a communication from
Bandor, Weiler & Co. to collect the monies due for that particular contract.
Mr. Sharp objected that counsel for defendant should have introduced his previous statement in the pleadings
His Lordship agreed.
A man
But if a
After deliberating for an hour and a half, the jury returned a verdict for the plaintiff, awarding ore farthing damages. His lordship said the damages were really contemptuous, and be very much doubted whether it could accurately be said that an attack had been made upon by & very strained interpretation of the the plaintiff's character. It could only be worda used that they got a libel upon the plaintiff as distinct from a very drastic criticism upon his system of shorthand. In these circumstances, lo thought there really was no ground for bringing the action: The right to criticise was very extensive, and people who claimed that their goods were better than anybody spoken criticism. Judgment would be else's must be prepared for pretty plain- entored for the plaintiff, but without cc8LA.. of title, which had not been proceeded With respect to the claim under slander with, there would be judgment for the defendanta.
out the policy of the British Government king. It is unfortunate that the ten- NAVAL MEN ENTERTAINED. with regard to alien enemies. That was devoy of that pressure should appear to consistent with the ultimato removal of coincide with the Magistrate's decision, but, with regard to the vital principlus
it would make no difference
the enemies, who had to go into camp in Magistrate's decision and the views:
ENJOYABLE CONCERT AT THE NAVAL CANTEEN.
Thanks to the generosity of a faw ro and then out of the Colony-a clear the elimination of "the plague-spot," as some of Peking were at variance. The judgidents of Hongkong, the ladies of the Mr. Bharp: I do not like to interrupt do at home sailed it. Another object monts of the Mixed Court cannot at Wesleyan Chapel were enabled to enter-
must not be influenced by anything out: my friend, but I must object to all those of the Ordinates was to prevent the loss side the four corners of the evidentes 'be' tain a number of naval niɑn to ten poster. His Lordship said he had carefully who were interested in the firus to the strikes a serious blow at the reputation day afternoon at the Boldiers' and
points.
contrary
to British. Allied and neutral creditors, fore it. Any suggestion to the
of the Court as a fount of justice and Bailom Home considered all the points and he thought extent of six million dollars.
robs it of tho confidence of foreign and After tes, the gathering adjourned to Mr. Sharp was right.
Hie Lordship: I have no evidence of Chinese suitors slike: The matter seems the Naval Canteen where the concert party of ons of H.M.'s slips in harbour Mr. Alablster: That is not diẹ point I that Inet.
to be one which demands immediate and most searching inquiry that ssary provided an excellent variety uniortain- all. am making.
Mr. Alabaster: At any rate, to a constops mihy he teken to obviate any tenent which was thoroughly enjoyed by Mr. Sharp said he objected on the siderable extent. Your Lordship has ourrence of what is undoubtedly a mout Home of the best items on the prograLand, Bishop distressing incident, for it is such occur for the arrangement of which Mr. ronven as those which rob the community of the Royal Naval Reserve, was largely of ile kense of security in matteri civil responsible, were contributed by L. §. and criminal. At the same time the whole Blokes, A. B. Love II. B. Aylward and affait le but withoup value whch the slim A. B. Neal Longling Seaman Connor thoso preson were Mra: Gurnor and Miss at the Migod, Court should be handed played all the codeapaniments. Among Billored.
Gurpet,
Drachu,, Looker, Deacon & ground that defendant ought to have MessTA, pleaded on the point naised and on all Harton's letter, which proves the aunt similar point,
But for the Ordinance the outstanding Mr. Alabaster: For the tromment I am iubility would havo boon that incurred not going on a question of pleading; I on the executed contracts for a copilder min going on a question of proof; súd ¿able period, which had not even lapsed Chinees control come to be qon.
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