MILITARISTS IN YUNNANFU
FOUR GENERALS IN REVOLT.
WOM OUR OWN CORRESPONDENT] YUNNAFU, MAT, 19.
On March 12, the Anniversary of the death of Gwen Chung Shan, the four leading military command- ers in Yunnan, Lu Han, Chang Feng Ch'on, Chu Hsino Tung, and Chang Ch'ong, left the city with their troops, and retired to a plate called Ni Liang, '& railway station about two hours by train from Yunnanfu. They loft be- hind them a proclamation acousing the Chairman of the Provincial Government Gen Laing Yun of not carrying out the programme of the National Government, and accus- ing various other members of the,
- provincial government and officials.
Opium Suppressors Fate.
Gamoral Lung had no troops of
HONG KONG DAILY PRESS, THURSDAY, MARCH 26. 1931.
SALE OF MORTGAGED PROPERTY.
LOCAL BANK TO PAY DAMAGES TO OWNER.
MR. CAER CLARK'S VALUATION UPHELD BY THE CHIEF JUSTICE,
An important decision on the value of land in the Ko Shing Street area, regarding which local architects had been at variance, was decided by Mr. Justice Wood at the Supreme Court yesterday when he upheld the claim of Mrs. Chu Shuk for $42,000 damages from the Banque Franco-Chinoins on the ground that the property mortgaged to them to scoure banking facilities for Mr. W. M. Pittondrigh had been sold below market value.
Judgment was given in favour of the plaintiff for the amount of the claim together with rents and profits accruing from the time of the sale, February 14, 1930, to date of judgment, and also Costs of the action.
Plaintiff's case was conducted by Mr. Eldon Potter, K,C., to`` gether with Mr. H. G. Sheldon, instructed by Messrs. Geo, K. Hall Brutton & Co. Mr. F. O. Jenkin instructed by Messrs. Deacons, was for the Banque.
TEXT OF THE JUDGMENT.
ments the tenants of the first "floor tenuront were paying a ront which was less than the average rental for Bitch premises by $23 mouth. For the purpose of valuation, therefore, the annual rental of thess promises may be taken at 82,800 approxi- mately.
The Right Method, The method of valuation adopted
NATIONAL MARTYRS'
ANNIVERSARY,
HOLIDAY AT CANTON.
[ou ouя OWN CORRESPONDENT]
CANTON, March 25, Under the auspices of the Kuo- matang, Canton is making big
h the witnesses for the bank in unpreparations to commemorate the questionably the right method. anniversary of the death of the 72 They have made two calculations martyred national heroes on Sun- the first based on the rontal, and day, March 29, at Yollow Flower the second based upon an estimate 11ill, where their remains, répose.
faite and structure value. Those
Following the custom of the past, two calculations may,, and, in fact the day will be a national holiday. do, lead to different results. Their
All the high officials of the Can- system then in to select a mean
ton Government as woll na repre gure between the two results and sentatives of every school and pub- embody that figure in their valuatic organization in the city will pro tion. By this method they have
ceed to the graves and place. reached the figure to which they wreaths on theni in token of homage have testified in this case. It may Le possible in particular cases 10 check a result so arrived at by re frrence to prices obtained on the salg of adjacent properties, but no
to her in certain circumstances, such material was obtained and
by
to their bravery and sacrifico.
Letters are being sent out to various public organizations and schools, asking them to take an active part in the memorial ser- vice: The people in the city have
his own and so he loft the city in caso, his Lordship said that the namely, when default had been made use of by the witnesses for been requested to hoist the nation-
After reiting the facts of the
made in payment of any interest the bank. It is probable that their flag at half-mast, and ao
other
ུ་
five motor, lorries with his family parties deserved sympathy
its construction.
Plaintiff and argued that the banking facilities granted to Mr. l'ittendrigh were outside the com- pass of the deed, and had further enntended that the .consecte in writing to
mand or where default had been somewhat higher if they had noted made in performance of any of the the fast that one tenement was bo covenants contained in the deeding let at too low a rent. The objections set forth to this submission (by Counsel for the plaintiff) his Lordship considered well founded.
Divergence in Valuation. The essential difference between their evidence and that given for
fermas of amusement will be allow ed to take place. Banquets are also barred. The occasion will be made as solems and dignified as possible.
went in the direction of his home The first and major portions of the on the same day (March 12). He reason of the eliscurity of the deod, payable under the dead upon devaluation figure would have been theatricals, cinemas and which is Chao Tung (Gan Lung plaintiff's claim was concerned with is not a Cainose but a Lo Lo), Ho could go by motor along the now motor road constructed by the Famine Relief Commission for some
the plaintiff appears in two fac- CANTON CONSULAR BODY. Smiles, after which if he proceeds
tors. The plaintiff's witness adopts he will have to go by chair.
the figure of 6 per cent. per The four generals took with them one member of the provincial Gov. which were required by the deed,alternative claim raised on the annum as the proper net roturn. ernment Swon Tu, and the Head were in fact never granted. It was plaintiff's claim, with reference to from which to calculate the capital of the Opium Suppression Bureau is Lordship's opinion that the bich most of the oral evidence value of a property for investment;
facilities contemplated by the deed given at the hearing had been call the defendants' witnesses, on were not to be inferred from the course of basiness conducted bed. Assuming everything else in other hand, have adopted 8. per tween Mr. Pittondrigh and the he defendant's favour, the plaintiff ernt. Further, with reference to the
Ma Tzu Ch'iang, under arrest, to Xi Liang. There was a roport, sence contradicted that they mur- dered Swon Tu there and that
forg
of
Gov. the Provincial
Tang Chi Ling, who is a mem- ber of tho. Tang Chi Ao family, and was head of the Miltary School
hure has also fled.
Disregard of Interests. the facilities given, I now bring myself to the final
the
the terms of the document itself, in its conduct of the sale has shown of the plaintiff's witness, worth 845
GOVERNMENT'S ANNUAL SPRING BANQUET.
[FROM OUR OWN CORRESPONDENT]
L
CANTON, March 25.- Following, the custom of the past,
Ma Tru Ch'iang bought him-bank, but must be established from novertheless submits that the bankaits value, it was, in the opinion General Chen Ming Shu, General: self off. Other prominent mem-. "The bank had acted throughout reckless disregard to her intercats per square foot, while in the Chen Tsai Tong and Mayor Lin erament have left the city and in this matter as though the credits and has sacrificed her property by opinion of the defendants wit. Yun Koy, representing the Chaton. and are in hiding, including Chang which they granted from time to selling at a gross under-value. Unuses, it was worth not more than Government, will give their annual Wei Has, who was lately at Nan- time to Mr. Pittendrigh were securder this head she claims damages, 80 per square foot. The use of spring banquet to the members of ed within the compass of the It is not here incumbent upon her these different factors in calcufae Consular Body and other pro, king and made a treaty with:
Saturday evening in Government mortgage. Their good faith in the to alloge bad faith amounting to tion will explain the divergenceminent foreigners in Canton on France, in connection with goodla
House Witout hesitation. I neeept Mr. coming through Tonkin, and the proceedings is in no way challengfraud against the bank, nor has between the two valuations.
The main purpose of these cus ed. The bank had regarded the she done so. It is enough if she permission for China to have a
deed as effecting a general security can establish on the part of the Cher, Clark's valuation as correct. Coniul in Tonkin.
—for Mr. Pittendrigh's overdraft" bank such neglect of reasonable Both Mr. Mackichan and Col. tomary spring banquets, as has Continuing, His Lordship said precautions in the sale ne would Bird have stated that for a number een expressed time and again, in to promote Sino-foreign friend- that Counsel for defendants had lead to the conclusion that the con-ef years they have made a prac- Lelied upon the terms of the first duct of the book fell short of the tice of using the s per cent. factorship. The local authorities have standard of good faith required by in valuations of property in the long been desirous of giving this (general) cuvenant, whereas for the No Government;
Colony. It thus appears that their banquet, but owing to their heavy There has been, no fighting in the plaintiff it was, argued that such
On the sale by the bank the pro-Valuations take no account of the duties and responsibilities they city, and all business is being oarn wide construction of the deod was ried on as usual, but for the time an incorrect interpretation of its porty realised 824,000 only. This variation in the earning power of have not been able to do so earlier. out to prominent foreigners and being there is no government, and it is uncertain who will come out rul meaning. The learned Counsel sale book place on February 11,oney at different periods. It is Invitation cards are now being sent top. The four military officials for plaintiff had said that if it 1030. On March 22, 1030, the shine well known that the bank rate of who have done this are all jealous had been the intention of these property was resold at a price of interest and the mortgage rate of their wives here. of one another, and if one of themarties that a general overdraft 842,000. This is an advance on the was appointed Ohhirman of the provincial government, in a few should be secured, nothing would previous price of 75 per cent., with- months the others would likely re- have been easier than to draft its in a period of a little over góc buat against him. The people do clear terms. The Brat covenant, month. The plaintiff invites the not like any of the four, and the one who has most power Chang wae, in his submission, no under-Court on these facts to find that Tong Ch'won is lost liked and has taking to pay amounts becoming her interests have been disregard the least education.
payable in respect of items set out il by the bank and that the conduct in subsequent portions of the deed of the sale has rendered the bank liable to her for this deficiency in value obtained by them. She far
There will probably be a change in nearly all the government offi. cials and there is likely to be a disturbed period for a year or nore, Pure jealousy on the part of
Construction of the Dead. .
law from a mortgagee.
I adopt the construction for ninhed architects' evidence of the the four military commanders is which the plaintiff contends," said value. To this contention the bank probably the cause of these events, his Lordship. On this construebas replied by calling evidence of and there is no Communist power behind it. There has been a quiet tion of the dead the plaintiff's valuation. movement going on to try and roclaim to revor the value of her
duce the power of the military and property must succeed. I propose, get more civil officials, and some
of the money has been going into however, to deal with other matters
the pockets of civil officials instead considered at the hearing.".
TRon.
#
Expert Valuation.
Two expert valuers have given evidones for the defence,-Mr.
of the four above named military Regarding an alternative claim MacKichau, a partner in Messrs At present negotiations are bo- of the plaintiff, that the power of Leigh and Orange, and Col. L. G. ing carried on betweon represontaale granted, by the mortgage deed Bird, a partner in Mesars. Palmer tives of the various public bodies had been wrongfully exercised by and Turner. These two witnesses and the four generala
tha bank, his Lordship said that invalued the property independently A representative of the wok view of his decision on the plain. on March 31 and April 1, 1939, Ming Tang, Mr. Wang Peh Ling, it die here in a week, he has been tiff's main contention, the matter sent from Nanking and arches had did not arise. But for the conveni- tven put up in preparation for his wologine. It is not know if he will caco of the parties he would con now be able to come to Yunnanfu sider it, or not.
British donmui's Daughter Married.
It had been admitted that no dunand for payment was
praTM
GINGER AND VINEGAR
MONEY."
ANOTHER MUI TSAI CASE.
interest have been lower recently and is lower at the date of these valuations than they had been, say, five or ten years earlier. The valuations made for the bank seern
Mr. Caer Clark in adopting bis to me to be vitiated by this fact. factor of 8 per cent, took into
Bafore Mr. E, W. Hamilton yes- account conditions as they actually
Chineze woman existed As to the question of terday, a structure value, the witnesses are charged with having kept an an- sufficiently agreed. With reference.
foundation.
to the site it may be supposed that registered mui-tani, at 175, Temple any estimate must be a matter of Street, but she pleaded not guilty, opinion adopted without specified anying that the girl was her adopt-
ed daughter and not a mui-tezi, Mr. Cast Olark's Valuation.
Mr. Macfaydea of the 8.0.A., The reasons which lead me to who prosecuted, said that the girl went to the offices of the 8.0.A. on prefer Mr. Caer Clark's view on this point are these:-In the first place, I am satisfied that the second Monday, and complained of i¡ sale of this property was entirely treatment by her employer. She was 10 years of age and had been with A broker who demanded bona fide. The purchaser, dealt 841,000, the purchaser's first offer with the defendant ever since, the was three years old, the latter hay- was 841,000, and the bargain was closed at $42,000. It is a fact no ing bought her then for $120. She doubt that the purchaser especially. desired to acquire the premises for bad never received any wages and personal reasons, but it has been done all the house work,
The defendant told the Court that. agreed by all witnesses that pro preciably increased or fallen dur- the girl's mother used to stay with Perty market values have not ap ing the last five years, and as ither in Canton, and as she (the on record that the adjoining mother) was indebted to several house, No. 4. Ko Shing Street, was
old by public duction in December, people, she gave her (defendant) 1920, being a slightly less valuable the girl as an adopted daughter. In return she gave the girl's mother property, for $38,000, it would scom eler that the last purchaser
8120 45 "ginger and vipegar of this property has not paid more than its market value. Before the money." She always treated the sale by the back, no stops were girl like a daughter as she had ng property cold. It appears to me children of her own,
Lately she had had some trouble was: 842,000 and that the sale was that the true value of the property conducted without any steps being with the girl as she was always to strike hor. Defendant admitted, taken by the bank to ascertain that but she had never used a broom true value."
taken to ascertain the value of the
respectively. They agree in their valuations. According to them, the property, was worth $30,000. The defendant bank has in these proceedings, without admitting minde fiabilty, paid into Court, the sum upon the mortgagor, and that no of 86,500 with a statement that this is a sufficient sum to satisfy the Miss Winifred Kirkce the daugh Consul General hore, was married party was given her. This excr claim of the plaintiff under this fer of Mr. Cecil Kirke the British notice of intention to sell the lo Mr. R. de Lavarde Lissching cise of the power of sale would section of the case..
For the plaintiff, Mr. Caer Clark, of the Chinese Maritime Custeras thus be held oppressivo upon this Servien (n Britisher), at the C... authorities, and the Court would partner in Mers, Clark and lu, Church hore, on Saturday last, March 14. The Church was very award damages to the plaintiff gava evidence of value by which, bedutifully decorated, and over 100 without reference to the provisions in his opinion, the property was foreigners were, present besides a number of, Chiseso. Due to the of the deed on this ground alone, shown to be worth $42,000. This trouble in the city the mobors of even if it stood alone. Apart from property is house No. 6, Ko Shing the provincial government were mot that, the mortgagor was entitled Street, a locality which is special- For these reasons, on this part however, that she did was a rattan
of her claim, the plaintiff must pble to be present. The bride, who under the lead to a demand for ly sought after by certain Chinese also, in my opinion, succeed. cane on the girl once, and the 18 21, wore a lovely white antin dress with a long train, and and a bon-payment and a period of ane calen merchants. The gross rental de In the result, my judgment is for reason why she did not register the must of red carnations. Her bro- dar month thereafter in which torived from the property was 8205 the plaintiff. She is entitled to girl was because she did not think
it necessary to ・ther Mfr. C. M. Kirke had come up
month, the net rental, after recover as damages the sum of comply.
812,000, the value of her property.
The Magistrate, however, regis- valuer's deductions were made, bend also rents and profits at the
rate of 11 per month, calculated tered a conviction, and fined the from February 14, 1936, to the date defendant $100 with the alternati the guests all went to a reception that by the terms of the deed, ing 211 4 month.
From Singapore to act as best man. It was submitted by the bank
After the Service in the church
of
the consulate.The church ar plaintiff had conferred a power o It appears from the evidence that of this present judgment, and vice was at 3 pm, and the rep without necessity of any notice owing to certain personal arrange-ests. Lion at 3.15 pm
of one month's imprisonment.
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