Page
1
SUPREME COURT. {MPORN TAN CHIEF JUSTICE (BIE WILLIAM RIES DAVIES, Lo)]
BLAIM BY HONGKONG AND SHANG- HAI BANK.
The Hongkong and Shanghai Backing Corporation made a claim for foreclosure ad sale in respect of property pledged with the Bank by Mr. F. P. Talati under An equitable charge Mr. F. C. Jenkin, who appeared for the Bank, said that the securities mounted to less than 35 per of the total debt, which was $202,074.73.
cent.
·
His-Honour-made an order in terms of the claim, dispersing with an account, and" directing that costs of the action should be paid out of the proceeds of the
CONTRACTS FOR PEANUTS. Damages for breach of two contracts relating to the sale of 150 tons of Chinese peanuta, for delivery, in Seattle,--were- claimed by a Vancouver firm-the Van-
couver Milling and Grain Co., Ltd.--fron Messrs. Le Beau. Ltd.
어
SUMMARY COUET.
THE HONGKONG DAILY PRESS, FRIDAY, NOVEMBER 24TH, 199.
[BEFORE THE FUISNE JUDGE (MA. JUSTICE
OOXPERTZ).]
M. CL
FINANCIAL RESULT OF A YEAR'S WORK:
A PARTNER SUED.
The following is the result of the recent Bazaar and of the year's entertainments A Chinese firm of money changers, the held under the auspices of the Hongkong Tai Lee, sued one of the partners, HoWomen's Guild and Ministering Child Ching-po, for $360.85, being $158 money received by defendant for the use of plaintiffs, and $102.85 money lent.
Mr. F. C. Vaux (of Messrs. Wilkinson and Crist) for the plaintiff said plain. tiffs started business at the beginning of the Chinese year, with defendant as managing partner. In September defend- ant-wrote to the other partners aum moning a meeting, as the business had not been prostable. The meeting ww held and defendant was dismissed and another manager appointed in his place. Defendant was still a partner, and there were sixteen partners in a. The busi nosa was in process of being wound up, and when the accounts were made up the firm would be dissolved.
Mr. A. H. Crew (of Messrs. Hastings
ren's League:— Folles Staff —
TARNJA
230.00
81412.45
(Mr. T. H. King)....$1,169.45 Concert in June Quarry Bay Stall (Mrs. Reid)... 1,818.80 Naval and Dockyard Stall (Mrs.
Bowden Smith) May flower Chute
Lucky Well.
1.927.52 31.20 164.70 St. Paul's School Stall" (Miss
Woo)
St.
Stephen's School Stall Miss Middleton Smith) Belilios School Stall (Miss
Clarke) Military Stall (Lady Kirk
patrick):----
2,123.42
1,300.00
613.30
1,369.10
Blue Stall Goldfish Stail
.81,447.75 947.90
Peak Stall (Mrs Lafrentz)
_gale)
and Hastings) who appeared for the de*Kowloon Stall (Mrs. Nightin tence, urged that until the accounts were one knew what defendant completed no
Mr. F. C. Jenkin, who moved for judged; he might not owe anything at all. mant, read a budget of evidenes taken on commission in Vancouver Counsel ex Mr. Vaux submitted that that was quite outside the point. The accounts plained that the contracts were made on behalf of Messrs. Le Beau, Ltd., by their showed that $10.50 had been lent to de- .agent, A. G. Spencer, but the firm tendant, and a debt paid to defendant on subsequasily
to recognise Me. Spencer's authority to act for them. An amount of 89,770, Cana dian currency, representing the difference between contract and market rates at the time of the repudiation, was chimed.
The Judge gave judgment for the claim
abu costs.
A DEBT OF $40,000.
AND AN ALLEGED PARTNER WHO MISCONDED.
1r
Arising out of recent litigation, an action was brought in which the plaintiffs, Messra. Detz Bras. & Co., are trying to prove that Chinese named Lam Kai Pang waS & partuor in the fine trading under the name of Taug Liuy & Co., now clowed down, the object of the issue being to establish a claim for $40,000, debt due for goods delivered.
in the accounts as having been received, but defendant still had it.
The Judge thought defendant's point of view was that when the accounts were tukun he would pay what was due, -or- the firm could sue him for that amount.
Mr. Vaux said that if any partner was allowed to receive money on behalf of a firm and to put it into his own pocket, he became & secured creditor in the firm. Mr. Vaux contended that no partner wag allowed to do that and that if he did sane could be sued.
The Judge pointed out to Mr. Vaux that he brought no authority to Court in support of his contentions and said he would Tither adjourn the case for him to do this or give judgment for defend- at
was accordingly adjourned Mr. C. G. Alabaster appeared on behalfantil Saturday morning. of the plaintiff and Messrs. Eldon Polter and F. C. Jenkin for the alleged partner.
.contructs were
ایده
The caso
"
DANGEROUS DOG DESTROYED.
"
dated COOLIES ATTACKED IN ROBINSON
ROAD.
Victoria Stall (Mrs. Middleton
Smith):
Tea Garden (Mrs. R. Hancock) Children's Plays,
Fortune Tellers (Mrs Lewis
and Mrs. Roffey) ......................... Punch and Judy Mr. E. W. Bird and Mr. R. Sutherland) Parcels (Mrs Knight) Dog Raffle (Mr. Eric Rico) Gate Money
Various donations not credited
to Stalls opustimate Victoria British School Branch
(per Mrs. Shaftain):- Taikoo Entertainment.8250.76 Sale of Work .......................... 143.00
Proceeds of dance given at Wiseman's (per Mrs. Shuw)...
Total
K.C.C.
SPORT.
CRICKET
CIVIL SERVICE."
In this League match at Happy Valley on Saturday, at 9.15 p.m., the following will represent Kowloon: P. Robinson, B. D. Evans, J. Stalker, C. Dance, Capt. Spinks C 1 Stapleton R. Festonii. K. R. Macaskill, Lt. A. E. Macdonald. F E. Thompson and E. L. Braga.
The following will play for the Civil Service:-G. B. Sayer (capt.), E. W Hamilton, E. B. Reid, H. E. Strange, WH. Edmonds, E. C. Fincher, F. J. do Rome, F. J Ling, R-C.Witchell, E. E. Duakley and A. N. Other.
K.C.O. 2ND XI. v. CIVIL SERVICE 2. XI.
The following have been selected to represent Kowloon in this league match, at home, on Saturday at 15 p.m.:. 0. Brawn, C. P. James, F. W. Lawrence, 2,695,05 Dar Goodall, E. F. Spinks, E. J. Ed-| 1,334.05 wards, H. Overy, E. W. Alderson," L. S.
439-14 Bates, F. Evelyn and R. E. Lindsell"
LR:C. 2ND XI, §, POLICE C.0
021.60
730.67 401.50
J
The following will represent the IRC. 2nd XI... at home, in this League match 32.00 against the Police C.C., on Saturday, at 2.15 p.-E. A. Moosdeen (capt.), N. 73.15
M. Bux. A. A. Fattydad, N, Kitchell, A. 16.50 25.00 H, Madur. A. K. Minu, R. Nazarin, 0. 617.68 Rumpahn, M. Sadick, Y. A. Wahub and
·E-Moosdeen.-- 250.00
305.78
www.
1.R.C, #. C.R.C.
ད་ན་
The following will represent the I.R.C. 1st XI. in this League match against the C.R.C. 1st XI, on the latter's ground, on 470 Saturday at 215 pm- el Arculli (capt.), M. H. Abbas, A. H. Rumjaha, S. H. Ismail, S. D Ismail, J. S. Cur reen S. A Ismail, Ö. Ismail S4 B Ismail, S. Abbas and D. Ramjahn.
$15,812.85
A further sum as the result of the Kowloon British School Fête, held on November 23rd, is to be added
later.
.0
CRAIGENGOWER
vi
FI.K.C.C.
Thet allocation of the above funds tu Home and local charities will be publish. This friendly fixture will be played on ed diter the next meeting of the Comthe Craigengower, ground on Saturday at
mitat
2 p.m. The following will represent the home team:B. W. Bradbury; UM.. Onuar, H. M. Major, J.P. Wilson, S. Jex. D. S. Marshj. E. C. Rock, A. A. Paice,, C. G. Anderson, A. A, Fattydad. and Y. Abbas.
Mr. Alabaster, said that Messrs. Gotz Bros, & Co. had four contracts with the firm of Tung Lluy & Co., two of them for the delivery of in plates, and two for
'1bese paper. between March and May, 1920. A broker's name di nos appear in the contract a they were arranged with defendant's own contractor. The first contract was signed and chopped
by Fung
Chang
Wab, the secretary of the firm, and the other three by Tang Liuy & Co. Judgment was given on the 14th September for $25,000 against the nrst defendant, Tang Sun Loong, as chief of the firm. He absconded when the firm closed down in December of last year. He would prove that Lam, Kai up all traces that he Pang tried to cover would also prove stutru, was not suffering from rabics, but and raised an alarm. A Chinese, con- May, Messrs. Williams, Hollands, Mas-
FOOTBALLA
SNATCHING" IN THE
STREETS:
A Chinese chow dog, belonging to a Three further charges afsnatching" were heard by Mr. Lindsell, yesterday man living at 29, tobinson Rund was
# man was charged with destroyed yesterday morning, by the In one case police. The animal was ill-tempered and snatching pair of ear-rings, valued at on the previous day it bit a coolie, who 32, from a woman, who was walking
The complainant Mr. B. J. Wilton presided at a meet- was passing by the house and attacked an along Hillier Street. other ecolie outside its master's home, showed her injured ear to the Magistrate, ing of the League Management Committee yesterday morning, Both coolics were the tip of which was badly scratched. removed to the Government Civil Eos The woman and her sister-in-law, held at Victoria Barracks last evening. pital for treatment. The amical, it is was with her at the time, chased the thief The following also attended:-Mr.-Gr. the Colonial Veterinary Surgeon is stable effected an arrest, Mr. Hall asked ters, Rodger, James, Robertson, Jp Kau making a post-mortem examination as for a remand. He said he had been in and N. L. Bailton (Hon, Secretary). precautionary measure against the likeli-structed by defendant's wife to appear hood of any such disease existing. in the case, but on learning the nature of the theft, he had no wish to represent the "accused. He asked for a remand in order that frreh legal assistance could be engaged if so desired. The defendant
had hem a partner. that ho people, Tang Sun Loong and Lam Kai Pang, were partners together and that there was a partnership agree ment between them, which was destroyed by one of them in the presence of both. and also in the presence of a third man who would be called upon to give evi dance. It was destroyed with the inter- tion of covering all traces of the fact that Lam Kai had beag a partner. He would prove that on many occasions the defen- dant admitted that he was a partner. The Chinese name of the firm. Tang Lluy & Co., was a combination of two names of the partners. On the 7th May, 1920, at the very time these contracts were being entereti into, a letter was written by both partners of the firm to the secretary. This letter was signed by Tang Sun Loong and Lan Kai Fong and written in Chines; partner. on the firin's note paper, und was address cd to Fang Chang Wah. The letter gave the Secretary certain financial interests in the firm. On every 31,000 profit the secretary was to receive 8250 as a present. Mr. Alabaster submitted that the letter the orginal being produced in Court, was sufficient evidence alone to prove that these two men were partners.
The Chief Justice: Is the signature of the defendant admitted?
After lengthy correspondence was real in connection with postponement of fix- tures and Clubs turning out late, the Secretary laid before the meeting a pro- test from the Hongkong Club against Kowloon in the league match on October
A Chinese boy, aged 15 years, described
one to nit, which stated that Kowloon" as a student, was sentenced to 48 hours 20th resulting in a win for Kowloon by imprisonment, and 10 strokes for snatch- ing a baby's fancy cap, the front of played an unqualified man, Eve of which was adorned with the Chinese gold H.M.S. Cairo, in this match and claim
A shop-keeper in Lyndhursting the points for the
Letters game. emblem. Terrace gave chase and caught the boy.
between the League Secretary and the Kowloon Club were read and it appeared the Kowloon played Eve in deference to instructions given by the league secretary,
HI
would say that Targ Sun Loong was the paper expert, and that Lam Kai Pangas remanded for one day. was the metal export. Mr. O'Dell had discussed the contracts with Tang Sun This Loong who spoke English fluently. man would never give a decision natil he had consulted his partner, Lam Kni Pang On two or three occasions. the two were present and Tang Sun Loong would trans- late his partners words by saying "we accept" or "we refuse" as the case would be. Tang Sun Loong was the managing In December, 1920, the secretary went to Canton and returned to Hongkong on the 10th of that mouth, He went to the shop, but there was nobody there and he had not seen Tang Sun Loong since. He stayed about for some time and found out that arrangements were being made to sell the business. In due course he receiv ed his salary from the bands of the cashier, who was a brother-in-law of the MAKING FAST TO VESSELS UNDER defendant, Lam Kai Pang. This cashier
MY. ATubester: Iriyramitzu, my lord and to secretury ~~
You bero had a good
For snatching a gold hair-pin from a Chinese woman in Gough Street Mr. Lindsell sentenced a man to one month's hard labour and twelve strokes.
ווי
A HARBOUR NUISANCE.
WEIGH.
The meeing decided to bring to the notice of the E.K.F.A the conduct, of the Kowloon Club and to award the points to the Hongkong Club; the second division team to forfeit to their opponents the points obtained in their match on the gaine day for playing Adams without permis- sion of the League Management.
information.
W Hyder was suspended from league football for four weeks and to take Do further part ing gumes against the Chinces Continuing. Mr. Alabaster said that he employer to pay your salary up to now." Capt. J. S. de Wolf, master of the ss.
on November 12th when would prove that in 1819 Fung Chang Lan Ka Pang also gave him a type. Huichou, took action at the Marine for his conduct in the match United 2. Wah was engaged by the arm as secretary. writer (an Underwood), which was the Court, yesterday, against 19 boat people South-China "A
For at arrivals on October 29th. of the firm was 14, Wing property of the firm. He also gave him a for making fast to his vessel before she was ordered off the field for rough play. Tak Street Both defendants were pre-lamp and an iron bedstead, also the pro had moored at a bacy. sent when Fung Chang Wah was engaged. perty of the Erm. He also told him that Capt. Spencer said he was making for H.M.S. Curlew and Kowloon were to be
fine.. Sun Loong to Fung Chang Wah, as his if he would give him back the letter, dated ship to reach the buoy. He was bo would end the Carlisle delaying the Lam Kai Pang was introduced by Tang he would give him three months' salary buoy C28, with suficient way on for the censured and informed that a repetition
Owing to partner. All three sat down at the same the 5th May. At that time the secretary sieged by boats aud lighters-all on the table and the position of secretary was of the firm could not find the letter. The stati board side. In consequence the ship matches in the second division it was decided to scratch this team out of the aliscussed and arranged. From that time lastes had Rince been found, Later the would not answer her helm and in order league if the ship does not arrive by 20th until December, 1920. Fung Chang Wah secretary was employed by the plaintiff's to avoid drifting on the Ralph Haller inst. Mesars. Morris (Navy) and James remained as secretary in their employ: firm. After some time, the cashier of had to put the engine full ahead and the (Police) were elected to the Management ment.
During that time he had had Tang Ling & Co., called upon Fung Chang helm hard aport. The boats persisted in Committee vice Mcasra. Masters and many conversations with the partners and
his private house The cashier hampering him and he hoisted the police Swap. Mr. Jones (Navy) was elected to many opportunities of finding out that threatened to kill him if ever he gave flag and the special polics flag. He just the Reforces Board vies Mr. Masters. they were partners.. He had seen the evidence to the Court. The matter was avoided a collision with the Ralph Molter.
The Kowloon Club applied for Pasco firm's books and the partnership agree then placed in the hands of the solicitors. The police launch came on the scene ment between the two men. The manag
Mr. Harry Oswald O'Dell, the first wit- and 10 licensees were before the Marine and Mason to be reinstated to the second ing partner was Tang Sun Loong. The ness called said that he was the manager Magistrate (Lieut. Conway Hake, R. N.R.) division of the league but the meeting re- other partner, Lam Kai Pang, did not do of the plaintiffs' firm at Hongkong. He in consequence. They were each ordered ferred the application back for further office work daily, but had been consulted came to the Colony in December, 1919, to pay a fine of $10 or to prison for by Tang Sun Loong on matters of import and had done a lot of business with the 14 days with hard labour. The Magis ance, and all big orders were referred to firm of Tang Lluy & Co.
trete sternly warned the defendants that him. He was responsible for the finances
Witness gave evidence bearing out the if any of them were guilty of the same of the "firm. Be occasionally made ad statements made by Mr. Alabaster, On offence again the punishment would be vances to the firm and so did Tang Bun one occasion Lam Kai Fang came to his imprisonment without the option of a Leong These monies were entered in a affice and asked him not to proceed with fine. special book which was entitled "The the action as Tang Sun Loong had cost In and Out Book..
him a lot of money and many losses. Wit La the year 1920 the firm removed from sees replicas of his attorney.
that the matter was entirely Wing Tak Street to 60, Connaught Road in the
Central. It was thera in the month of... Cross-examined by Mr. Eldon Potter, May, 1920, that the latter from the part witness said that the amount involved was
A fortnight's output test is to be taken- ners to the secretary was received, and it $10,000. He did not forget this, but did at Caerau Colliery, Gismorgan, which
that the contracts were not time entorud inte. The letter was handed to working on other big deals. He simply was recently slosed. The works will be the secretary by the defendant in the pre-side-tracked it, as he had a five lakh deal shut down permanently if the output is unantisfactory, The Labour Member of sence of the missing partner. Mr. O'Dell, to occupy his attention at the time. representative-of-Mesara Getz Bros. & Co. After some further cross-examination in Parliament for the constituency, Mr. the plaintifis. would also tell the Court which the circumstances surrounding the Hartshorn, has warned the miners that that he very often called at their office at employment-of-Fung Chang Wah by wit the output hun stendily declined during No. 66, Connaught Road. The man Lamness-were-explained further bearing of the past seven years, with the result that Koi Pang was often there. Mr. O'Dell the case was adjourned to Monday next her whers have been involved in a beary
at 10.30 o'clock;
lose, (Continued at foot of next column.).
COAL OUTPUT TEST.
HOCKEY.
HONGKONG.. 22ND PUNJABIS.
A match between the Hongkong Hockey Club team and the 22nd Punjabis wa played on the U.S.E.C. ground, yesterday evening. A atresuous game resulted in a draw no score was made.
ROYAL HONGKONG GOLF CLUB, In the Bogey Pool Competition played over the Old Course at Fanling last week- end, the following returns were made
A. B. Purves (5) I up (Winner). Robley Appel (1p) all squares--- - Nelsong
Dodington (15), all square.
H. & Lammert (15) I down. B. D Evans. (19) ****** 2 down. A G Lindsell (1) down
INKER
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le dernier mot
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Particulars and shade books on application.
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