THE HONGKONG DAILY PRESS, WEDNESDAY, JANUARY 28TH, 1925
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Large Twin-screw Passenger Steamer, Latest Addition to the "KON. PAKETVAARE MY.'s Fleet will leave on a 3 Week's Cruise through the MOLUCCAS as per following schedule :--
From SINGAPORE
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3rd April, 1925. 6th " 7th
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22
CHARTER PARTY CASE.
SUIT AT SINGAPORE.
·CLAIM $750,000: AWARD $37,037.
Judgment was delivered by the Chief Justice. Sir Walter Shaw, in the Sup reme Court,, Singapore, on January 12th, in the action in which Chop Ban Kheng claimed $750,000 from Chop Siang Haab as damages for misrepresentation of the particulars of the vessel Chint, Ick, which they chartered from the defendants in May, 1918. His lordship found for the plaintifs in the sum of $37,807. Messrs. Latham & Co. were also sued as the agents of the Chop Siang Huah.
The first defendants, Chop Siang Huah, chartered the steamer in May, 1918 from Hongkong merchants and agreed to sub- charter the vessel to the plaintiffs for the rest of the term of the charter at a monthly payment of $86,000, the second defendants acting as brokers in arrang
charter. ing the
The plaintifs sub- chartered the steamer again to Messrs. Cohen & Co., a Rangoon firm. In con sequence of complaints from them that the vessel did not comply with the re preschtntious made on the sub-charter. to them the sub-charter was revoked in June by agreement between the plaintiffs and Messrs. Coben, on. certain terms as to damages, and on or about June 17th the plaintiffs handed the vessel over to the Gra: defendants and purported to rescind the original charter party. The first de fendants, while refusing to recognise plaintiffs' right to rescind, rechartered the vessel at a lower rate of, hire to minimise the loss sustained by them in consequence of the rescision. The action was brought by plaintiffs, who claimed rescision of the charter party and re- stitution alternatively, damages against both defendants for fraudulent misrepre sentation; and alternatively, damages for breach of warranty. The first de- fendants counterclaimed for a sum of 150,000 dollars,
WEATHER REPORT.
January 9th at 17.16-Pressure has in creased slightly from Shanghai to Foochow and
Over South
Japan, it has decreased slightly. elsewhere. The anticyclone remains stationary, and depressions are situated to the north of Hokkaido and to the north of Tahigakijima
Moderate monsoon will prevail along the coast and over the north part of the China Sea
Hongkong rainfall for the 24 hours ending at 18 hours, Jan. 27th 0.00 inch; Tɔtal since January 1st, 200 inches, against an averago
1.14
inabes.
The forcast for the 24 hours siding at 18 hours, Jan. 28th in a follows:
.
DESTRICT
Hongkong to Gap Rock
FORECLAT
(NE. winds, mod
Formsons" Channal Booth coast of China between? Hongkong and Lamocks)
South court of China between
Hongkong and Hainan. }
INDO CHINA
STEAM NAVIGATION COMPANY, LIMITED.
Thursday, 29th Jan. 7. Thursday
Ruth Jan, Thun. Thursday, 29th Jan
BAILINGS SUBJECT TO ALTERATION,
*LOKSANG➡ SHANGHAI vis SWATOW
YATSHING TSINGTAU vis 8BANGHAI STRAITS & CALCUTTA MA *FOOKSANG" KOBE AMOY & SHANGHAI “ HOSANG* BANDAKAN MANILA TEN TAIN
UREFOO
NINGPO &
BHANGRAI TA
SWATOW
SHANGRAI BWATOW
TSINGTAO is SWATOW
erate, cloudy,
&SHANGHAI
drizzle or mist.
STRAITS & CALOUTTA“
do
4.
do.
HONGKONG METEOROLOGICAL
REGISTER..
Bongkang Observatory, January 27th,
[Previous On Date On Date Day Ak at 2 p.
RQ
"MAUSANG *** YUENSANG*
"TAKSANG*
TUSANG"
Friday.
pita"
30th Jan., 7am.
Saturday, 31st Jan, Noc. Saturday,
alat Jan. 3pm.
Sunday,
1st Fob. 7am.
Sunday,
TUNGSHING” · „Bunday,
1st Feb,
70,
1st Feb, 7.10.
"KWONGSANG" Wednesday, 4th Feb, 7am
"KUTSANG *
www
Wednesday, 4th Feb., 3pm.
EVERY THREE DAYS"
REGULAR SAILINGS ARE MAINTAINED AS FOLLOWS: CALCUTTA HONGKONG JAPAN LINE...EVERY TEN DAYB SHANGHAI HONGKONG LINE HONGKONG-MANILA, LINE HONGKONGHAIPHONG LINE HONGKONG--BORNEO LINE HONGKONG TIEN IBIN LINE HONGKONG-BANGKOK LINE
4+
For Freight or Passage, apply to
EVERY SATURDAY FROM Borx Pixe EVERY SUNDAY FROM BOTH PORTE EVERY FORTNIGHT
EVERY FORTNIGHT EVERY WEEK
JARDINE, MATHESON ♣ CO., LTD...
at 2p.m. 6am.
Barometer
29.96
TEENZONER TILTO
59
59
$9.83
60
TELITEONE CINTRAL No. 215.
Humidity
74
Wind Direction....
E
Force...
3
Weather... Rain
0,00
0.00 0.00 Eightart, open-Air Temperature on Lowest open-air Temperature on 97th
HONGKONG THE TABLE. From January 27th to 31st, 1935. HIGH. WATER.
Days of
Days of
Wed 28
There was nothing in the case, the Chief Justice said in the course of bis judgment, to afford sufficient ground for Ther. suggesting that the representations raada by either of the defendants were false to F their knowledge or made recklessly, "care- less whether they were true or false. In fact, the defendants merely passed on the representations made by "the original charterera without any reason to believe that they were other than accuratų,
That at onca disposed of the case as against Messrs. Latham & Co... There was a further alternative claim against them for damages for breach of warranty of authority as agents, but that was co seriously put forward at the trial and his lordship found that they were acting merely as the agents of the first defend. ants and within their authority agents.
AR
H'rong.
Etandard
Time.
0
h. m
11 58
29
I 20
30 m
(47 218
3 16
Batar. 31 m
Fleight.
LOW WATEL.
H'kong. Standard
Timd.
-'-
Height
GLEN
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AND SHIRE
JOINT SERVION OF STEAMCORE.
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29th Jan,
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12th Feb
"GLENOGLE
GLENSHANE".
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Lendon,
- 10th March
Ati in.
Leaves Hong,
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London, Botterdam
"GLENSHIELTM
Rotterdam &
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Dealing with the amount of damages ough to award his lordship said the loss of 250 tons in cargo carrying capa eity, would necessarily cause a very ser- ious loss to the charterers. Plaintiffs bad already paid a sum of $30,000 to Messrs. Colen & Co. and give them an undertaking to pay a further sum out of the damages they might recover from the defendants. Be thought that sun.
of the damage incurred by them up to the date of the return of the vessel. H had already held that plaintiffs were not. entitled to rescind. As they had chosen
return the vessel and refused to be further bound by the contract he thought they could recover no damage subsequent to that date. With regard to the counter- claim his lordship considered that de- fendants had suffered no damages from the plaintiffs' refusal to further carry on the contract.
NO RIGHT TO RESCIND CONTRACT. With reference to the claim for resci sion and restitution his lordship said he thought this claim also had no founda-might fairly be given to them in respect tion. Representations as to such matters. as speed, coal consumption, and dead- weight capacity which turned out to be inaccurate did not appear to him to be conditions precedent to the contract an less they were such as to make the vessel supplied a substantially diferent, thing to the vessel contracted for. Such re presentations might amount to a war. ranty the breach of which might give rise to an action for damages. The dif- ferences between the representations alleged by the plaintiffs to have been made in the present case as to the speed, coal consumption and deadweight capa- city and what they averred to be the true facts appeared to him to be differences of degree and not such as to make the vessel commercially different to that des- cribed. Therefore, whatever right they had to damages for breach of warranty they. had no right to rescind the contract.
The representations said to have been made which plaintiffs alleged to amount to a warranty were three-that the dead- weight capacity of the vessel was about 1,400 tons; that the speed of the vessel was 17 to 20 knots; and that the coal consumption was 17 to 20 tons best Japanese coal. A good deal of the evi- dence and much of the argument in the case was directed to the question of whe ther the second and third representa- tions were in fact made by or on behalf of the first defendants in circumstances that amounted to warranties. His lord- ship said be need not deal with this ques tion at any length because the evidence had not satisfied him that either of the representations were inaccurate. He need only say that he was satisfied by the evi- dence that the representations were in fact made by the first defendants to the Chinese broker with the intention that they should be passed on to the plain tiffe.
In consequence, however, of the dif ficulty of obtaining the evidence of per- sons on the ship there was no reliable evidence before him either of the actual coal consumption or the speed of the Fessel He therefore held that the plain- tis claim is so far cs it related to breach of the second and third warran ties alleged must fail...
LESH DEADWEIGHT CAPACITY. The first warranty was of a different. character, is being contained in the charter party itself. He could feel no doubt but that it amounted to warranty that the vessel was about the deadweight capacity mentioned.. He was satisfied by the evidence of Mr. Taylor, taken on commission in Rangoga, uncontradicted as it was by any evidence on behalf of the defendants, that the dead weight capacity was very substantially less, somewhere in the neighbourhood. of 250 tons less. He had come to the conclu sion that the plaintiffs were entitled to damages for breach of the first warranty. He could not follow the suggestion that they were not entitled to any damages because they purported to rescind the sqotract
(Continued, on nezi Column).
Judgment was ented for the plain- tiffs for the sum of 37,057 (including $7,000 admitted by defendants) against the first defendants; and judgment was entered for the second defendants with costs the counterclaim was dismissed without costa.
A stay of execution for fourteen days was granted pending the giving notice of an appeal.
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