SHAREBROKER WINS HIS CASE.
GRANTED THREE MAJOR CLAIMS.
DEFENDANT SEVERELY CROSS-EXAMINED.
MR. JUSTICE WOOD'S DECISION.
The share case, in which the surn of 833,518 was involved, and which has been before the acting Chief Justice (Mr. Justice J. "R. Wood) at the Supreme Court since Monday, was concluded. yesterday afternoon.
His Lordship did not reserve" judgment, but delivered it im- mediately after the addresses by Counsel had concluded.
He found for the plaintiff, Mr. M. A..Razack, a local share- broker, an every daim, except one, the total amount being $39,088.00. His Tardship found for defendant, Mr. P. N. Cooper, a merchant, of No, lb, D'águilar Street, on one claim, the fourth. The counter claim was dismissed, with costs, and plaintiff was awarded costs, less half a day.
Mr. Razack claimed, it will be remembered. $33,818.98, in connee tion dealings, in Tramways, Green Island, Dock, Land and other shares prior to the crisis in the local share-market in June, 1025.
The full claim was as under 87,095.50 balance due and owing to the plaintif on account a ted April
esh, 1925, $1,730.08 an acccount dated May 1st, 1925; 821.538, the difference due and ring to the plaintiff on the sale and purchase of 3,000 shares (new) in the Hong Kong Tramway Company, Limited; 8141.62 interest due and owing to the plaintiff on the said sum of 821,539; and $2,458.78 the differ ence due and owing to the plaintiff on the purchase price and interest thereen on the sale price of 300
THE HONG KONG DAILY PRESS, FRIDAY, SEPTEMBER 2nd, 1927.
3,000 shares—I my I did tender them. I still say that I produced them. They were in the bank.
Which bank 7-Mr. Kew will know.
You don't even know which bank they were in-You can find out what happened at the settlement.
Itis because you say tendered the shares and that they were refused
that you are counterclaiming $18,000, which you say is due to you 1-Yea
+
In point of fact you did not ten- der those shares - say I did.
Concluding Addresses.
In the afternoon Mr. Jenkin ad“ | dressed the Court at length, and was followed, briefy, by Mr.
Alabaster,
clear and concise case.
Mr. Jenkin dealt with a conces "Shares (combined) in the Greension in connection with the first
Island Cement Co., Ltd.
The defendant filed a counter part of the claim by both parties, claim which asked for damages for and said this was stated to have.
been agreed to between them breach of contract. There was also Counsel said that the evidence of a counter-claim for repayment of 818,877, lesa the two several aus M. Razack on that difference was of 82,529.60 and 82,456.78 admitted very unsatisfactory, and he had by the defendant to be due to the failed to present to the Court & plaintiff. Alternatively there was
Coming to claim II., which had a claim for specific performance of
and damages for to do with $27,000 in respect of the the contract
redemption of 200 Docks, Counsel delay.
Mr. C. G. Alabaster, K.C. (in-said that plaintiff's case was that structed by Mr. J. M. Remedios, of Messra, d'Almada and Nephew) has been appearing for plaintif, and Mr. F. C. Jenkin (instructed by Mr. D. McCallum) was for the defendant.
The case was continued in the morning, when Mr. Cooper (defen-
the, 828,000 odd, but Counsel con- that sum was paid on account of tended that the books produced by plaintiff really bore out defendant's case, and showed that the sum in question was accepted in complete settlement, and was not paid on
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account. This would dispose of WHITEY SMITH JAZZ BAND. CONSIGNÉE NOTICES.
which was claimed
dant) was cross-examined by Mr. 81,730.08 of the Tramway shares,
Alabaster principally with regard to the 1,503 tramway shares (old) and the contracts enfared into by defendant in respect of them.
The Te
AT THE PEAK HOTEL TO-NIGHT.
NOTICE TO CONSIGNEES. PENINSULAR AND ORIENTAL STEAM NAVIGATION Co's,
STEAMIE NAGPOREL”
AKKITED HONG KONG N S1 AUGUST, 1927,
11
CONSIGNEE NOTICES HAMBURG-AMERIKA LINIE
COMPAGNIE DES MESSA-
GERIES MARITIMES.
CONSIGNEE NOTICE.
5.8. "DOCTEUR PIERRE BENOIT."
Banding CARGO FROM ANTWERP, DUNKIRK, LONDON,
MARSEILLES, &
NONSIGNERS are hereby informed that their Goods with the exception at Opiam, Treasure and Valuables are! being landed and stored into the Go- downs of the Hong Kong and Kowloon Whart & Gedown Co., Ltd., Kowloon, whence Delivery may be obtained im mediately after landing,"
All Olaims must be sent in to me on before Monday, the 5th September, 1997, or they will not be p recognized.
Damaged
by the Packages will be examined i
Surveyors: Meser, Goddard & Douglas in the presence of the Consignees as 10.00 am, on Fri day, the 2nd September, 1927.
No Fire Insurance will be affected by us in any case whatever.
J. LIMAGE,
Agent.
Hong Kong, 26th Aug., 1977. [5269
SERVICES CONTRACTUELS DES MESSAGERIES HARITIMES.
CONSIGNEE NOTICE.
88. ATEOS п"
BRINGING CARGO FROM
MARSEILLES, &
ALD CARGO FROM COGNAC, BORDEAUX
Ex 8.8. "TETUAN," ONSIGNEES are hereby informed that their Goods with the exception
of Opine, Treasure and Valuables are being landed and stored into the Godowns of the Hong Kong and Kowloon Wharf and Godews Co., Ltd., Kowloon, whance Delivery may be obtained immediately after landing.
All Claims must be sent in to me on ov
İNCLUDING /
HUGO STINNES LINTEN
COMBINED FREIGHT AND PASSENGER SERVICE CABIN CLASS ACCOMMODATION FOR 50 PASSENGERS. FARE FROM HONG KONG TO GENOA-273, 07, 08, OUTWARD.
Sailings from Europe for Shanghai and Northern Ports
+44 102
8.8. "EMILYTRDORF" 8.A "BESSEN' 9.8.BACHSEN 8.8. PREUSSEN" M.S.RAMSES"
HOMEWARD.
... due here on or about the 17th Sept. ...... dua here on or about the 27th Sept. due here on or about the 12th Oct. ..due here on or about the 25th Oct.
dne here on or about the 7th Nov.,
"
Sailings for Europe via Manila, Singapore,
Colombo & Port Said :-----
8.S. "OLDENBURG "
sailing from here on or about the 10th Sept
18.8. ADOLF VON BAEYER" sailing from here on or about the 20th Sept.
FBS. "SAARLAND"
8.8. "EMIL KIRDORF'
18.3 "HESSEN
+8.8. "SHEER"
18.8. "SACHSEN'
sailing from here on or about the 80th Sept. ... sailing from here on or about the 25th Oct. ... sailing from here on, or about the Stat Oct ... sailing from here on or about the 10th Nov. ... sailing from here on or about the 14th Nov,
Calling at Genos, Rotterdam and Hamburg. +Calling at Botterdam and Hamburg.
61]
For Freight, Fassage and further Particulars' please apply to
JEBSEN & CO.
12, Podder Streat
Tel. 0. 2295 Tel. 0, 4754
THE EAST ASIATIC CO., LTD.
COPENHAGEN.
The M.S.
"ASIA"
before Tuesday, the 6th September, 1927, will be loading for ROTTERDAM, HAMBURG, COPENHAGEN
or they will not be recognized,
Bamaged Packages will be examined by. the Company's in the presents Surveyors, Morris. Goddard &
of the Consignees at 10 am on Saturday, the 3rd September, 1927.
-No Fi Inaraxos will be effected by us in any case whatever...
J. LIMAGE.
Agent. Hong Kong, 8th Aug, 1927. (5270
NORDDEUTSCHER LLOYD, BREMEN.
and other, SCANDINAVIAN PORTS On or about 10th October.
Farther Sailings
M.S" Asia"
M.S. "Afrika"
M.S. "Malaya"
MLS. "Danmark*
Expected on Will leave homeward-bound
Dr about
on or about
6th September 10th October
20th October
5th November
1st December
subject to change without notice. For further partiquiars, please apply to:-
413
JOHN MANNERS & CO., LTD.
Agurtz
The dining room of the FROMANTWERP LONDON, GIBRAL the Hong Kong & Kowloon WITHOUT PURE BLOOD HEALTH IS IMPOSSIBLE.
Mr. Jenkin put it to His Lord- ship that the case of Mr. Razack was not true when he stated that he had delivered 3,000 shares on the Replying to questions concern. ing share transactions in 1995, April settlement to other people
Whitey Smith and his popular defendant said that on the Satur- on behalf of defendant.
arrived from day morning before the June settlecords of plaintiff did not show jazz band hara
Shanghai. They came here on the ment day he received two contracts that he had.
Commenting on the evidence of R. M.S. Empress of deia, and are which were contained in one cover. They were sent to him for signa Ho and plaintiff's son, who prepared to give the Colony, a
had spoken of the time when de trent. ture. He did not sign them, but fendant "was said to have given Repulse Bay Hotel was packed on
for the returned them on the followingstruction
purchase Wednesday night, and a special Monday morning.
ago, bandstand has been fixed up for Mr. Alabaster: "If there was only of the shares two years
Mr. Jenkin held that the the accommodation of the weird one cover why were two receipts
were to all made out can't explain that. English words used
intents and purposes identic, As far as I remember there was and he submitted that their evid
unsound" and had On the Monday morning the cace was Sharebrokere' Association agreed do to close?-1. have nothing to with them.
only one cover,
But you knew it-Yes, I knew it in the afternoon
I pat it to you, Mr. Cooper, that you knew about the before you wrote repudiating your instruc- tions Intut to fulfil my contracts and then I heard that the settlement day was to be post- poned. That was about one o'clock on the Saturday.
Did you tell Mr. R. A. Razack that now the settlement was post- poned you did not want the shares? -i-No.
You had no shares on the Satur day but you had to produce them on the Tuesday 1-Yet
And you saw Mr. Farry about them 1-Yes.
I put it to you that you did not sign the contracts because you knew the Settlement had been postponed No. I went out to settle and then heard of it.
||
been
cooked. Replying, Mr. Alabaster in a very brief address dealt with the coucesaton in part II. of the claim,
and said that their case was that
there was no such agreement to take a smaller sum in settlement of the larger one due.
Counsel expressed agreement with, is Lordship that the balance of 81,730.08 claimed did not appear in any of the books as a carry for ward, and His Lordship commented "I think the books are against Mr. Alabaster, on that point
and wonderful jazz instruments. Whitey Smith and his band again played at Repulse Bay Hotel last night, and will appear to-night at the Peak Hotel for an after dinner daner. Tomorrow night the band goes back to Repulse Bay Hotel where it will play for the dinner and tea dancea on Sunday after-
noon.
PASSENGERS.
DEPARTURES.
Per a Empress of daia, on you, September 1st, for Manila:-Mr. and Mr. H. C. Amos, Mr. Wm. H. Amos, Mr. D. Alcantara, D. G. Beebe, Mr. G. Boulson, Mr. and Mrs. J. Benedette, Mrs. L. R.
Counsel then went on to deal with the obligation of defendant deliver 3,000 shares for which was to receive a cheque for an agreed sum.
The Judgment, His Lordship announced that he would not reserve judgment in the case as he had made up his mind.
Giving judgment His Lordship said:-As to the first item for 27,062.50 I find for the plaintiff. Lie Or Misunderstanding↑ do not accept the defendant's evid Witness was closely questioned ence on this point. I do not be- by counsel as to statements made lieve it. It seems to me that it is in his solicitor's letters that he important for this decision that (defendant) had actually produced when the claim was set out in Mr. and offered the shares to the plaia-Arculli's letter, the payment of account was never ad tiff and that the plaintiff bad re- 85,000 on
vanced by the defendant in reply. fused to take them up.
TAR, MARSEILLES, MALTA, PORTBAID, ADEN, COLOMBO & STRAITS.
.".
THE SARBRUECKEN" baving arrived from BREMEN, HAM- BURG and Porta, Consignees of Cargo are hereby notified that their Cargo in being landed at their risk into the Go- downs of
Co., Ltd, Kowloon, where Delivery can be obtained.
All Goods remaining undelivered after the 5th of September, 1927, will be. subject to Real
No Fire Insurance will be affected by YONSIGNEES of Cargo by the abare-
named Vessel are hereby informed us in any case whatever. that thair Goods are being landed and Damaged Packages must be left in the placed an IXS Ex in the Hong Kong Godown far examination by the Con- and Kowloon Wharf and Godown signees and the Company's Surreyon, & Ashe at 10 am. on Company's Godowns at Kowloon, where Mewarn Anderson
of September, 1927. ch Consignment will be sorted out the 2nd
be Mark by Mark and Delivery can No Chain will be admitted after the Geods have left the Godown and all obtained sa the Goods are landed.
Optional Goods will be landed here Claims must be
be presented within Two unless Instructions have been given to Weeks of the Ship's arrival here, after
the contrary Six hours before arrival, of
the Steamer.
Goods not cleared within 8 days, in elading date of arrival, will be abject to Beat
Fire Insurance will be effected by in any case whatever. Damaged Packages must be left in the Godawal for examination by the Con- signees, and the Company's Surveyor, Dovolas, à¤... Messrs. GODDARD
on Mondays and Thursdays, within the Free Storage period.
料
No Olaine will be admitted after the Goods have left the Godowns.
MACKINNON, MACKENZIE & Co.,
Agents Hong Kong, 1st Aug., 1927. [5280
Bulbrook, Mr. C. C. Crisier, be presented to the Undersigned on or Mr. All Claims against the Steamer must Chao Yan Cheong, Miss A. Deli quena, Mr. N. C. Downes, Mr. E. before 20th September, 1927, or they will
recognized. not be Dieltiens, Mr. W. N. Fleming, Mr. S L Frost, Mr. Fong Kung. Mr. A H. Forrester, Mde. L. GrossO); Mr. Max German, Mr. G. Goyena, Mr. and Mrs. 8. F. Gaches, Mr. Genner, Mr. F. D. Gaviola, Mr. F. Griggs, Capt. and Mrs. J. M. Hunt, Miss Hao Yiok, Mr. Hong Yit, Mr. Hynea, ME C. G. Jobaton, Mr. H. A. Keller, Mr. and Mrs. E. Kelley, Mrs. Gladys K. Lee, Miss Alice Lee, Mr. Lai Heng, Mrs. Lim Shi, Mr. M. Mavromatis, Dr. G. L. Maglalagg. The defendant's own account seems Dr. H. W. Miller, Mr. N. Nish;
"BAARLAND ". to be material evidence against Mrs. T. Olontzeff, Mre. Pao 8, having arrived, Consignees of Cargo sro Miss F. E. Rogers, Mr. J. Rosen-heroby notified that their Goods Are him on this point.
As to the second item, the claim thal, Mr. and Mrs. J. S. del being landed and placed at their risk in Rosario, Mr. L. del Rosario, Mia the Hong Kong & Kowloon Wharf & for 81,730.08. On that account I find for the defendant. The plain C del Rosario, Mr. J. Randle, Mr. Godown Company's gedowns at Kowloon, tiff's books nowhere carry forward, AL Ryan, Mr. F. D. Rosario, where Delivery can be obtained as the that sum as a balance against the Mrs. J. S. Roberts, Miss S. Smith, Goods are landed. pro defendant and in my view the Bister Mary de Balea, Mr. O.
..
That statement is a lie," said
counsel.
"What do you mean by a lie," asked witness.
Counsel: Something entirely and knowingly untrue
Witness explained that it might the due to a misudderstanding as to
the meaning of the word duce."
BAMBURG-AMERIKA LINIE.
NOTICE TO CONSIGNERS.
#
THE Steamship
The shares might be lying plaintiff's books themselves sub- Banborn, Miss M. F. Bhaffer, Mr. Nol Cargo will be landed, unless
has been given prior to Steamer's
No Claims will be admitted after the
Bent
Goods have left the Godowns, sud all Goods remaining undelivered after the September, 1927, will be subject to ~All broken; chafed-and-
1 damaged Goods are to be left in the Godowns, where they will be examined on 5th September, 1927, at 10 am, by our Surveyors, Messrs. Goddard and Douglas
All Claims must reach us before the
ix the bank, as they were in this stantially dupport the defendant's A Sisson, Mr. W. A. Sima, Mr. Anival. anse, and plaintiff still be in a posi-evidence on this particular point. J.J. Strabley, MAT FOR
produce them--meta- tion to
As regards the third item in the Mr. A. Takamiya, Mr. Yam Chee phorically speaking.
claim, the question of fact involved Seng, Mr. Tam Nam Mr Yam Witness later admitted that his is whether, on June 20th, the de nouchi, Mr. S. P. Yang, Maxter solicitors might have made a fendant did or did not give the Yong, Mr. J. Yang, Mrs. Xip.
plaintiff instructions to buy. 3,000 she. mistake.
Mr. Alabaster: You filed an new Tramway shares I believe the affidavit in August 1926, in which evidence given by the plaintiff, of you said, "On July 23rd, 1925, in Mr. Ho and by the plaintiff's son fullment of my contract dated on this point, even though, as Mr. March 24th, I teadezed for delivery Jenkin has remarked, that evidence claim, 82,640, which is not in dis I give judgment for the to plaintiff in-person 3,000 new was very carefully prepared. I pate shares and asked him for $90,479.80 find that these shares were pur- plaintiff. in payment therefor. He refused chased by the plaintif on the ds The counter claim is dismissed-Bir of Leiting will countersigned by to accept same informing me that fendant's instructions. My find with costs. the matter was already in the ing, therefore, on the third part:
As to the fourth item of the
15th September, 1927, or they will not bo recognized.
No Fire Insurance will be effected.
the Underviguel de
allowed
JEBSEN & CO.,
Hong Kong, 1NL":
Agenta.
15877
On the application of Mr. hands of a solicitor." You did not of the claim, #21,689.8g, including Alabaster, plantal was
costa, less half a day in act tender for delivery the interest, is for the plaintif.
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Consignees are e requested to surrender
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MELCHERS & CO.,
Agents, NORDDEUTSCHER LLOYD, BREMEN, Hong Kong, 29th Aug., 1927. [5273
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PODOS
OR DIRECT, UM, MELUKS, 19, QUAI VAN DYCK, ANYWERY
TROUBLES. ENGLISH PRION :Ý/», ALL PHARMACEUS
· TENDER " ARY, BORE - JENT KARTELLODA FOR SALE
BAD GHOURS, AND ALL FOOT
THE HONGKONG & WHAMPOA DOCK
"COMPANY.
LIMITED.
TELEGRAPHIC AUDRESS MANIFESTO," HONG KONG,
Cob UAD: A1, A.B.C. Fifth Edition: Engineering: First and Second Editions,
Western Union and Watkins Benson's, Marconi.
Dock Owners, Ship Builders, Marine and Land Engineers, Boller Makers, Iron and Brass Founders, Forge Masters, Electricians
S.S.
CHANGTE.
BUILT AND EXGINED AT KOWLOON DOOKB 37 THE HONG KONG & WHAMPOA DOCK CO, LTD, TO THE ORDER OF THE AUSTRALIAN ORIENTAL LINE, LTD, 10 AUSTRALIAN-HUNG KONG SILVICE.
Please address enquiries to the Chief Manager,
E. M. DYER, BSc, MINA, KOWLOON DOOK, HONG KONG.