MOUTRIE
THE HONGKONG DAILY PRINS, THURSDAY, FEBRUARY.
PIANOS
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[19-1
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RECENT SHIPPING AND MARINE INSURANCE
DECISIONS...
[SPECIALLY CONTRIBUTED TO TRE "HONGKONG DAIZY PRESS."].
CASE S 'C.L.B. Contract, Insurance, Custom, Tender of documents after knowledge that ship last.
WOODEN SHIPS CONVERTED INTO WAREHOUSES. ·
A JAPANESE ENTERPRISE.. Floating warehouses will appear in the Kobe harbour within a week, to invade the preserves of warehouses on land, says a Japan paper. It is said that the land men are busy preparing themselves against the maritime intruders.
•
1920.
AERIAL MAIL (SĶRVICES, NOTHING DEFINITE YET SETTLED.
A reporter of the Daily Press had a brief converation yesterday with Mr. S BC. Ross, the Postmaster General, on the subject of aerial mails between Hong. kong and Shanghai.
INTIMATIONS
TO LET FURNISHED.
-ROOMED. HOUSK as Barker Roady Magazine Clap, with Large Garden and Cement Tennis Court, for 6 months from April 1st, 1910.
For particulars apply to --
Box 134, Cars of Daily Prem? Office 418
TO LET
GODOWN at Yaumati
Apply to
Mr. Roas said that nothing definite had Srt been settled. The Handley Paro Co., whose representative, Colonel Smallwood, was recently in Hongkong and is now in Shanghai, has intimated that they were willing and able to carry mails at a rate which would work out at about 10 cents THE HONGKONG LAND RECLAMA-
TION CO., LTD. per letter. The local Government bar greed to sell special six-bent stampe to
This decision discusses, inter alia, the
The floating warehouse" is a device recent practice amongst insurance men of of some of the owners of wooden ships. allowing the taking out of one generalt is general knowledge that many of policy to cover several separate consign- the wooden she hastily built during the ments shipped by a vendor to a number war are, or were, defective. When there of different buyera.
was wartime pressure on tonnage, even A. sold certain goods to B. "elf Lon-uch ships were much sought after, but don, including war risk insurance. since the armistice slump in shipping used for the aerial mail in addition Terms net cash against documents upon many wooden ships have had to be tied to the four-cent stags used now-and up as it was impossible for them to obtain to give the proceeds from the sale of the cargo. As a remedy, in the middle of nerial stamps to the Company. What N 6 SAMEER British Concession with several other consignments for st year, some owners of wooden ships pins pow is to ascertain the views of Residence: 8 Rooms with detched Servants
presentation.
A daly shipped the goods, together
number of other buyers. He did not mad
proposed to amalgamate their interests the Chinese Government.
He did not
separately insure B.'s goods, but meginto a joint stock company and inaugu-believe there would be any great opposi insured the whole lot shipped by him, ofate transport services along the coasts of ion, but they did not know whether the
which B.'s goods formed a part...
The ship sailed for London on February the country, but this scheme. fell through 15th. On March 19th, she was sunk. 1. owing to the difficulty of reaching an was aware of this face before March 14th understanding with marine insurance 4th March 14th. As wrote to: B.: "I hereby hold ron covered by insurance for companies, Inspired by the shortage of ine amant of £6,000 in accordance with godown space the owners then conceived posetion of policy of insurance in my Possession." He enclosed certain bills of fading and invoices, bus no polier of in-
surance
;
the idea of using their ships for the sto rage of gueds at the principal ports of the country. For this purpose they On receipt of this letter and documents established a Japan Marine Warehouse B. at once replied that he refused to accept them as delivery against the com.Company, toward the end of last year, tract, and later commenced an action with a capital of Y.10,000,000, and have against A. for breach of contract in not since been making arrangements to put delivering the goods:
the project into effect.
The following were the two main points. The company will begin by stationing argued
Tender after ship lost.
Chinese Post Office, whose permission it was necessary to obtain before embarking on the scheme, would take kindly to the Fithea
67,
TO LET
T307
Quarters. Centrally situated. Immediate possession.
·Bor 1078 -Reply to
Cars of" Dally Fress " Office.
TO LET.
Apply to-
HUMPHREYS ESTATE & FINANCE
CO., LTD., Alexandra Haïldings
66
The difficulty is, Mr. Ross explained. that no one bere not even Colonel Small ASHUP in Nathan Road, Kowloon, wood-knows anything about the rules of the air, whether it is necessary to obtain permission before dying over a friendly country, what are the regulations for landing, etc. The International Air Convention was signed some time ago. but its terms had not reached Hongkong. That was why Mr. Johnson was not eight. "foating warehouses of 1,000 allowed to By here, not because there was tone cach, in Hobe-seven off-Fukiai. and B. the purchaser, contended that in another of Shinkawa These will be any question of bis looking at the de- with accessories. Good condition, Can c.i.f. contract documents could not be tended by three launches of 100 tons each. fences. The Government did not wish to tendered by the vender after be knew It is said that among the land ware establish a precedent, because in might be that the ship had been lost
To this A answered, that if he had not house men at Kobe opposition is brewing that the Air Convention would not allow known that the ship was lost his tender against the operations of the Board inthecriminate flying. It was not oven would have been, perfectly valid, and the warehouses. The oppoention is based mere accident that he knew the ship to on the pica that the existing-warehouse known wether China had signed the Air have been lost before making the tender equipment at the port is suficient to cope Convention. If she had, of course, many could not" make it invalid”.
[with the situation. The opponents also 11. Failure to tender policy of insur ask how n wooden ship of 1,000 tons will expented difficulties would not arise.
BABES NO fare in the case of a severe storm, which. B. also contended that be was entitled is by no means rare in Kobe and neigh to a policy, and not to a mere assortion -bourhood by A. that a policy existed and that A. 3 wuld boid B; covered.
Junce
SHANGHAI COUNCIL
ELECTIONS,
SUCCESSFUL CANDIDATES.
The Handley Company is unxions so get on with the scheme, but can do nothing defnite for some time yet. The Chinese Government had bought as machince Asked whether one of these machines was likely to make the first run
FOR SALE.
SILLIARD TABLE ́» feet x 4 feet 8, be seen any time,
Apply Ward Room Secretary
H.ME AMBROSE,
472
FOR BALE.
MODERATE FRICH,.
WNEE leaving Colony, Substantially Large Veranda Central Heating: (011
built seven-roomedy House, Peak, Rael) making House dry and comfortable all times of the year,Lava, Gardens, Hicksha-bonse
minutes), Ber zoom; Good
in Summer,
-To this contention A. answered. (a) that B. was estopped from relying on the fact that the documents did not include a policy because no objection on this ground
from Shanghai to Hongkong, Mr. Boss Warm and Suitable for We raised by B. when the documents
aid that it was intended to use hydro-Taipan, or easily convertible into were tendered; (b) that A's letter of
houses during present shortage. The elections for the Shanghai Muni-planes for the service, because they, wara “March 14th, was a sufficient document to
Apply satisfy the i?' in acil contract- cipal Council resulted my follows, 205 so much more convenient, as they could
Care and (e) that the custom of the trade roters going to the pall
Hongkong, Faben Toth. "allowed the taking but of
oney geveral
policy to cover the goods of pember of different buyers.
Held: Point L. A vendor can make an efective tender even though he possess at the time of tender actual knowledge of the loss of the ship or goods. The pur chaser in case of loss will get the docn ments be bargained for, and if the policy be that required by the contact and if the loss be covered thereby, be will secure the insurance moneys.
The essential feature of ac.i.f contract as compared with an ordinary.contract for the sale of goods rests in the fact that performance of the bargain is to be ful filled by delivery of documents and not by the actual physical delivery of goods- by the vendor. All that the buyer can call for is delivery, or the customary docu-
merte. This represents the measure of the buyer's right and the extent of the vendor's duty. The buyer cannot refase the documents" and ask for the actual goods, nor can the vendor withhold the documents and tenden the gooda. -judg
It A bad fulfiled bis contract by ship- ping the appropriate goods in the appro priate manner, under a proper contract of carriage, and if he had also obtained the proper documents for tender to B., the rights or duties of either A or B
are not affected by the loss of the ship, or by knowledge of such loss by A. prior to actual tender of the documents...
Hence, on this point, B. failed and was not entitled to reject the tender of the documents NRA
Held: Point 11. But B. was entitled to reject the tender on the ground that na policy of insurance was amongst the proffered documents. The letter of March. 14th, was **the mere aŝsurance that a policy had been issued, and not the policy' of assurance itself."
uncleats entitled to demand, as
C. H. Bain
D. Goh
W. P. Lambe
KLECTED
A, Brooke Smith
€81 586
503
G. T. ML Edkins...
437
HA. Macintyre....
447
M/ Benjamin
308
LL-Col. P. A. Cox, O.B.E. 347
6. Fessenden
337.
NOT ELECTED.
A. E. Algar
310
Dr. 6. A Ransom.
278
i
"A. J. Hughes..............
20%
ET Byrne
-105) 190 152
J. F. Macgregor
W.. B. O. Middleton
It will thus be seen that the Council consists of 7 British subjecte, one Japanese
and one "American.
BEGGARS DAY.
land in any clear patch of water, 'It was Flikely that the Company would arrange for balta at Foochow and Amoy on the way to Shanghai, because is would not pay to
thes woully the Shanghai mails, and
increase the mails by quite
a hundred per cent, if they took the Foo chow auf Amoy letters also.
Ar. Höns said that passengers would be entirely the business of the Company. He had not heard of any slips being con- structed to receive the bydroplanes. was a bit too early for that yet.
It
As to the service from. Hongkong to Macao, Mr. Ross said that, from a mails' point of view, it would be bopeless, for there wore scorely, 15 letters a day to and from Macno. It might be that they would dispatch the bags of mails to and from Lisbon per seaplane on the Hongkong- Yesterday was beggare day in Court, Maceo service. Mr. Boss fancied that A Chinese was charged with begging the Company depended rather on the
No," replied the man. "I simply collect cigarette ends and then sell them, passengers they hoped to carry. It would be some time yet before a regular sorvice "He is able-bodied," said the prosecuting Sergeant. Mr. Smith fined him 82 could be started, for Hongkong must bave Another man, charged with a similar its own aerial laws, based on the terma offence, posscased a truck coolice licence the International Air Convention. which the Sergeant described as mere Camouflage. The man resented this, stat work of any sort in Hongkong, and as a ing that it was very difficult to obtain consequence he was forced to beg alms.
M Smith fined defendant $2
HOMEWARD PASSAGES. THE SITUATION IN THE STRAITS. SETTLEMENTS.
The re-institution of Paasaga Control
A.
[439
G. DA ROCHA. IS THE AUCTIONEER
A. G DA ROCHA,
AUCTIONEER, SURVEYOR AND GENERAL BROKER.
Queen's Road Central, Telephone No. jaa
AVOURED with Instructions from
The Concerned, will well by Public Auction, TO-DAY
(THURSDAY), February 28th, 1920,
at 2.15 P.M at his Bales Room. HOUSEHOLD FURNITURE AND
EFFECTS. N
Wardrobes, Desks Chairs, chest of Drawers Dressing Tables, Bookcases Arm
Brass Ornamenta, Vases Pictures, Ice Boxes chair Curios, Crookery and Glassware, Bedsteads, Clocks, Typewriters, Tablecloth Batstands and a long line of Sundrien.
Farser ---Cash án daavery
LA FAVORITE.
By the
EMPRESS OF RUSSIA'
consignment
On the ground that the documents did not comprise any policy of insurance, B. by Government is advocated by & writer we have received a refused to take up the documents or pay for the goods.
in a Straits contemporary. The writer
of both trimmed and untrimmed
& matter of law, a policy which covered, and covered only, the goods mentioned in the bills of lading and invoices Even if A, had tendered the general policy hold But, whilst adhering to his refusal to Among those waiting to go Home there by him that would not have been a good accept a cover note, B. stated that ho are women and children whose names Straw Hats of the very latest Style, tender, for that would have been a policy would be willing to accept, instead of a have been on the lists of Steamship Com- which covered a quantity of goods out policy, a certifient of insurance given by panies for nearly two years
Some of these are now being displayed side those mentioned in the other docu-a satisfactory, broker together with an these women and children have been ments sent to B
undertaking that the policy should be held ordered Home by doctors several times that a vendor's duty on his (B) bekalt. Accordingly, A. ten Some have been six or seven years with- As to the argument that a bed, modified ored a certificats of inenzance but with
under a ciifN
men, the evidence of any such modifying for. B. then finally declined to accept the Some, men (most of them refused for the practice amongst insurance cut the undertaking which had been asked out a trip to Europe. There are children
awaiting education in England a custom would have to be clear indeed documents, pa before the well-known incidents of such a A. thereupon sued B. for the price of military service on medical grounds) have bargain as a cif. contract could be chang the goods or, alternatively, for
, for damages been out here six or more years and have ed. (Note. The attempt to prove a gen for non-acceptance,
willingly done two or three men's work eral custom having this effect WDS
for the whole period of the war. They also abandoned during the course of the trial)
cannot get passages Home CANE 29. MA C.L.F. Contract Failure to tender policy
of fusurance Custom
In this case, as in Case No. 12, JENA attempt was made to establish a certain custom among insurance men: The deci sion is one which the Judge declared he Was ashamed to have to deliver
Evidence was called that by a custom of insurance business a cover note was in such circumstances considered na the sande thing as a policy.
For months the. Shipping Companies have told us that they have no accommo Held: Despite the fact that a number dation available and can give no promise of witnesses had been called to show that for the immediate future. At the same it was a common practice in the City to time we hear of cases where people, who accept a broker cover note or a certi have only been out a few months or a year fiente of insuranes instead of a policy, no or two securing passages Home It is custom had been satisfactorily established absolutely essential that some of the by which a vendor could be excused from women and children in a bad state of the obligation to tender a policy if his wealth should get passages before the mon buyer required it.
had not presented a policy as he was overament will help by stepping in at The goods were shipped and duly bound to do and he had not presentedia arrived at Havre, and A. tendered certain certificate of insurance coupled with an onto and again control all passages: documents A. had instructed his broker undertaking which B. was willing to
There are reports that Government has to effcet an insurance, but at the time of accept instead of a policy. In other reserve accommodation for Government tendaring the documente the policy had words, he had neither complied with his Servant. I think many will agree that not been issued there was, however legal obligation or with the abstituted Merchant, a Planter or a Miner who covernote in existence, and A. tendered obligation which B offered. A there has to secure his own page" as beat he that to Brin lieu of a policy of insurance.fore failed in his claim.
can, has as much right to Home leave as (Continued at foot of next column.).
the Civil Servant.
A sold to B. certain woods elf Havre, payment net cash against abipping documents on arrival of goods and
LA FAVORITE.
Beaconsfield Arcade.
43€
WISEMAN, LTD.
TEA DANCE
TO DAY
Thursday, February 26th.
Tickets 50 cents,
D. M. GOODALL,
Manag