WOLFRAM ORE PLEDGED
AGAINST LOAN
Bodiker & Co. Summoned For Wrongful Conversion
The aetion brought by the Ying, Wah Co. of Cinton who were re presented by Mr. W. Eldon Potter, K.C., instructed by Mr. E. 8. C. Brooks for the recovery of $68.500 as damages for wrongful conver- slom agalest. Messrs. Bodiker and Co., defended by Mr. Leo D'Almada, jer., instructed by. Mr. J. T. Prior, was continued before the Chiet Justice, Sir Atholl MacGregor, at the Supreme Court yesterday.
The plaintiff's claim was based on the acts that the defendants" had wrongfully converted half of the wolfram re which they had pledged with them as security for a loan of $97.440. The agreement between the parties at the time was that the defendant firm should store the goods in their godown for three months pending the re- turn of the loan.
It was alleged that defendant took advantage of plaintiffs' pro- perty, gambled in exchange, ard put the difference in their pockets. The defence was that before the money was actually advanced, the written contract was substituted by an oral agreement by which they had the right to convert the
goods.
HONG KONG DAILY PRESS, FRIDAY, NOVEMBER 8, 1935.
ROYAL NAVY
New Term At War College
Special Air Mail Service)
FOREIGN TRADE
FIGURES
China Still Undeveloped
PROMOTION OF SCIENCE
To Modernize China
Nanking. (By Mall).
her modernization programme..
London, Oct. 15. After the long vacation the RN.
Nanking, (By Mai); War College at Greenwich for
In proportion to The fact that foreign agricultural
her teeming and vast senior officers will resume to-day. produce have been the chief ar-population
territory. at least 4,700,000 when a new course will join for acis cf China's imports during the China needs
workers in the field of science in term lasting until February 21, arst six months of .ne 24th nscal
order to 1936. The captains appointed for year clearly shows cont Chins, a
effectively carry out this course include Sir Lionel supposed agricultural country, is Sturdee, son of the late Admiral not only undeveloped in industry. of the Fleet, arid H. J. Egerton, but also in farming, according to from the Sentor Officers' Technical a recent report on the situation i Course, Portsmouth; and Gerald China's trade during the nrst half Curteis, MV.O.. late Master of the of this year suomitted by the In- Fleet in the Mediterranean. Anternational Trade Bureau to the officer of the Royal Australian Ministry of Industries. replied "nonsense." Chan Ham Olate in command of the cruiser Navy, Captain C.. Farquhar Smith, then told of his Interviews with
Brisbane, will also attend the his solicitor,
gards the sale to Yee Kee Hong this was negotiated by Cheung Witness then detailed his conver- sations with Mr. Bodiker when he was informed that the cargo had already been shipped to Europe. It was suggested by another mari that the goods be purchased front
another source and returned to the plaintia firm to which Mr. Bodiker
المني
HAD TO GET THE MONEY
Cross exam.ned by Mr. D'A mada witness said that the actual deal- ing was dole by him and Chan Po Chee which was in English. Wit- ness had known Mr. Bodiker pre vlously when he had dealings with himi on similar transactions for different Arms. The transac tions before whether they were sold or on pledge, witness could not remember but the last ocea sion It Was
Messrs pledged to "Bcdiker on loans.
Witress admitted that the 100 tons of Wolfram ore were, bough. with a view of resale and as the Chinese New Year was approach-
ing his firm was in need of ready Mr. Bryde: Chartered Account-cash and not being able to ostala ant, said he had been consulted same they had to get the mone; from Messrs. Bodiker by 'pledging
course.
The commanders appointed in- clude R.O. FitzRoy, late executive officer of the cruiser Dragon; the Hon. J. B. Bruce, from the Ex perimental Department, IIM, Sim- al School; J. S. M. Mackenzie- Grieve, late.in command of the sloop Bridgewater;
V. and L. Donne, D.S.C., late in command of the sloop Weston.
AMERICA STATION H.M.S. Dragon. Captain F. R. M. Johnson, which was recommission- cd at Chatham in August, has left Bermuda for a spell of duty in South American waters She call- ed at Trinidad from Tuesday, to Thursday last week. The Dragon will probably be absent from the
base for some months.
H.MS. Scarborough, Commander
This statement was contained in a speech delivered by Dr. Ma Chun-wu, Chancellor of Kwangs University, before a meeting held in celebration of the 20th anni- versary of the China Science So clety held at the National Central University auditorium here recent- ly.
places and
Despite the Government's efforts 10 Inake China agriculturally- A series of delightful and stimu- sufferant, rice, cotton and wheat lating speeches were delivered at stu occupy the paramount pcn- the session which was attended by uon in China's imports during the as audience of about 2.500, includ- first six months of the presenting the directors and members of year, it is learned from the report the Society from different
Partcularly true is the importa in China. numerous ton of foreign rice and wheat, i government oficials,
Compared the report points out with Agures of the corresponding period of the last fiscal year, there has been a marked increase in the incoming of these two agricultural staples.
guests
Mr. Lo Chia-lun, Chancellor of the National Central University, the meeting. who presided over gave unreserved praise to the good work done by the Society in the promotion of science in China for the past 20 years.
It is mainly due to the efforts of the society, Mr. Lo said, that scientific progress in China has
begun to be noted in the interna- clonal scientine world and it is zcience alone that will modernize China,
by the plaintiffs on the previous the goods as the Monopoly Bureau the Hon. O. W. Cornwalls, OR Trailing behind the imported cot-President of the National Szechuen
afternoon and asked to set forth'
the transaction between the par- ties in the form of a statement.
Mr. Potter put it to the witness that 100 tons of wolfram ore were pledged to the defendants who were not the purchasers. They had forwarded 50 tons on plaintiffs' ac- count and risk, to Hamburg. In a transaction between the defend- ants and the Hong Kong and Shanghai Bank, $68.500 was realis- ed against a sterling bill drawn against the goods. He understood that, on those facts, which were not disputed, the. witness had made out an account of the transaction between the parties.
THE STATEMENT
Witness assented and presented
statement
the following
On
A lines:..
Messrs Bod.ker ioaned $97,000 to plaintiffs against a deposit of 100 tons of wolfram cre. In secur ity. Subsequently plaintiff sold 50- tons of the ore and paid to the defendants the proceeds which amounted to $50.000, leaving a sum due of $41,000. Messrs. Bodi- ker shipped 50 tons to Europe and drew
on Hamburg for 3 bill £6.255. 165. which they sold to the Hong Kong and Shanghai Bank for $88.500, thus having a surplus from the loan of $27.500. After deducting from this sum $3.936.89 made
up of freight insurance, petty charges and two per cent.
defendants commission, the
still had a surplus of $23 563.11. But the transaction was not yet.com- pleted in that fünds had not yet appeared in Europe to enable the importers to meet the bill of £6 255 168. drawn on them. The u timate sale price of 50 tons of wolfram ore was £5,814, 3s. 7d., thus making a loss of £441 128, 5d. from the above figures. Bodiker should account to plaintiffs for $23,583.11 less
Messrs
the
12s. 5d. Therefore Messrs. Bodiker would be entitled to two per cent. ba $68,500, and not on $45,750.92 in their statement.
was pressing them to take livery.
de-
will conclude to-day a week's visit to Gloucester, Massachusetts, the Mr. D'Almada then cross-ex
last of a series of American ports amined witness regarding the trend which she has visited during her of prices at that time and was in
summer cruise. She is due back formed that it varied between $tat Bermuda on Thursday. Accord
ing to present arrangements the Scarborough will return home in December to recommission. Her present ship's company joined her
סנן
and $2. He was questioned re- garding the opening of some of the bags stored in the China Pro- vident Godowns. in Hong Kong and witness, stated that he had brought this matter
with Messrs. Bodiker just before he left But on this octa- for Shanghai. slon witness never made any other efforts to settle this dispute (open- ing of the bags), At this stage hearing was adjourned t this
morning.
RAVEN CASE
STAYED
Court Refuses To Hold Up Equity
น
⚫ Proceedings
Shanghai, Nov 2. An interesting legal question was involved when Mr. R. T. Evans in the U. 8. Court for China yester- day afternoon moved that ir- ceedings against Mr. Frank J. Ra- ven be stayed in view of the fact that he is now a bankrupt. The motion was opposed by Dr. George Sellett.
i)
$1
RICE IMPORTS China, during the period under review, imported 11,186,980 quint als of rice, valued at 43,350,000 Customs. Gold Unita, occupying 13.98 per cent of her total im- ports. Taking third place was the impor.ation of cotton, which came up to 405,263 quintals, valued at a report made by Mr. Zen Hung Mr. Le's speech was followed la
16,848,000 Customs Gold Units.chun, President of the Society and
ton, and taking fourth place was Dryersity, concerning the work of foreign wheat. the value of which the "Society during the past year,
He expressed deep gratitude on was placed at 16,783,000 Custome Gold Units."
behalf of the Society for the as- China's trade is, furthermors, sistance rendered by the Govern- declining both in respect to im- ment and the public in facilitat- ports and exports, the report adds,ing the work of the institution. though the unfavourable balance He expressed regret, however, of China's trade for the first six that only one-half of the working months of this year, which totalled programme previously set for the $266,085,622, has registered a drop society during the year has bee of A BRITANNIA TERM
Dr. Chu Min-yl, Becretary-Ges- A list compiled periodically by
For the past three years, cot-eral of the Executive Yuan, who wheat, metallic wares and spoke on behalf of the National Commander J. Bright-Barton for ton,
constituted the gasoline
chler Government, stressed the import the term private circulation
ance of utilizing scientific method which foined H.M.S. Britannia in tems of China's imports, the re- September, 1903, has been revised port points out. This situation has to train the Chinese people in the with the addition of a new feature not changed much recently with task of national rejuvenation. which he calls "The next genera has taken the lead. In return, the the exception that imported rice
tion." This shows the members of the term who have export of "tung-oil." in of slik and tea, which usually oc- now joined the Service. At pre-cupled the frst place of China's sent there are four, one of whom is a sub-leutenant and the other three naval cadets.
at Chatham In May, 1933.
of
sons of
$15,219,000 against the same achieved. period of last year.
been boosted, considerably. exports in the last decade, has
CHINA'S BACKWARDNESS Perhaps the most interesting meech was delivered by Dr. Hu Shih, foremost Chinese scholar and philosopher and one of the direc
tors of the Society.
Dr. Hu, at. the outset of his speech, which was entitled "The Basis of Self-Confidence of the Chinese Race" scouted as erron- eous the idea of the superiority deplored, has gained ground of the Chinese race, which, be
the minds of the common masses. Exports for January, February
He contented that although the and March, $389,818,891 of April, Chinese culture has stood out well May and June, $415.006,077, mak-against the penetration of foreign
IMPORTS AND EXPORTS The Agures are interesting as Indicative of the keenness of the
Detailed figures of China's younger generation to enter a pro- ports and exports, as produced by fession in which less than nine per the Arst hair of the 1935 fiscal the International Trade Bureau for
cent of the starters are still serving at the age of 47; for to-day, 32 years after their joining the Britannia, only six members of this term remain on the active list,
year, are as follow:
ing a total of $308,024,988 in the civilizations on several occasions all captains, R.N. Of the original first half of this year. This, com- during the past, she can no longer 70 seven fell in the War as lleuten-pared with that of the same period dehy her manifold
backwardness.
arts. There were 83 who attained
ant-commanders. 17 who became commanders, and seven who be- came captains.
this rank, 51 who became Heuten- of last year, shows a drop of 4 in the light of modern science."
per cent.
The noted scholar next proceed. The" leading exports were: (1) ed to compare the Chinese history "tung-ail," $18,938,000, occupying for the past 5,000 years to a tragic 7.30 per cent of the total exports; play of a hero. This hero, al- INCREASED PAY FOR CHAPLAINS (2) metals, $18,315,000, occupying though he has seen his glary in "An Order in County authorizes 7.06 per cent of the total exports; days gone by, is new finding him- certain improvements in the pay (3) furs and skins, $14,947,000, oc- self in a very difficult position and conditions of service of chap-cupying 5.76 par cent of the total He has becomes advanced in age. Giving his decisión, Judge Mil-formity with the Church of Eng-egg-products, tea and slik.
lains of religious bodies not in con-exports. Others were eggs and and has received numerous wound: in the battle of life. But, one- ton J. Helmick said that proceed-land who render wholetime service
Imports for the ings in the three equity cases-in-
same period theless, he has to struggle for his £411 Volving the return of the Tis. 405,"temporary chaplains" The im- units. This, when expressed in bandaged up.
in the Navy and who are designated totalled 288,736,000 Customs Gold life with his wounds and injuries 000 accepted by Mr. Raven
was Dr. Hu's speech, which honoraris from the American Church of England chaplains with that of the same period last year. the remark that China can only proved scale of pay introduced for terms of yuan and compared with
loudly applauded, concluded with Oriental Banking Corp., the Ame- rican-Oriental Finance Corp., and effect from December 25, 1834, will shows a decrease owing to the de- Mr. Bryden. was examined and the Asia Realty Co-would not now apply to temporary chaplains preciated value of the American be saved from per present turmell and hopeless state by reviving the cross examined at length by the be stayed, as it was questionable also. The scale is 185. 24. a day gold "dollar. Should this be not good points of her old culture side respective counsels.
'whether the obligation of the de-
converted in terms of the Chinese fendant would be removed by a
currency, there would be an in- by side with the promotion and AN AGREEMENT TO SELL
encouragement of modern science discharge. The question will be
crease of 7 per cent.
The celebration of the 20th Chap Ham On one of the two settled at some later stage and
The chief imports were: (1) rice,versary of the China Science partners in the plaintiff arm con- consequently the Court yesterday
43,359,000 Customs Goid Units, oc Society marked the most colourful tinued his evidence in the after- | declined to halt the proceedings
cupying 13.88 per cent of the total function for the season
In the. He stated that on March 8 for the moment,
nporta; (3) metals, 29,376,000 capital Customs Gold Units, occupying other
0.47 per cent of the total imports; (3) cotton, 16,840,000 Customs Gold Units, occupying 5.43 per cent of
noon.
ELS
he saw Mr. Bodiker and suggest- With regard to the two ed to the latter of selling the ore
cases, brought by the A.-O. B. C. instead of pledging. Mr. Bodiker and the A-O.F.C., with regard to made an offer of $83 per, picul and
ioan. and overdrafts. the court witness refused to accept
stayed proceedings, as under the On March 8 witness came to law these proceedings were pro- Hong Kong and agreed to sell to vable and dischargeable. They will Mesars, Jessen & Co., 50 tons of now doubtless appear in the ban- the ore at $72.50 per picul. On kruptcy proceedings proved the same day he went with Cheung claims. to Bodiker's office and asked them
The academic question involved whether they would like to exercise the option. Mr. Bodiker informed the first three cases was whe- not ther. In view of a decree by the witness that the price true and did not believe that the court that Mr. Raven return the transaction was genuine. Messrs. honorarla, they could be treated Bodiker however wanted $56,000 a simple law-suits, and referred to release the cargo. On March 9 to the receiver, whether they were witness saw Mess. Jebsen & Co., personal obligations on the part of and got a draft for $58,000 as part Mr. Raven when, as in the case payment for the 50 tons of ore. of alimony and certain other cases, The draft and a letter was then they are not stayed as a matter of brought to Mesars Bodiker & Co. course when bankruptcy proceed. and the ore was released. As re-ings are instituted.
the ore wa
was
on entry, £1 39. 63, after three years 21. 68. 2d. after six years and with other triennial incre- ments up to a maximum of £2 86. day after 30 years. Temporary chaplains with 10 or more, but less than 20, years naval service who resign voluntarily, or are with drawn by their governing bodies, or are Invalided, are eligible for gratuitles of £1,000 after 10-years
or £1,500 after 15 years' service. the total imports; (4) wheat, 16;- Temporary chaplains with 20 years 783,000 Custos Gold Units, oc- service or over are eligible for recupying 5.41 per cent of the total tired pay at £317 a year, with an imports. addition of £13 10s. for each ex-entral News agency. tra full year of service up to a maximum of £543 1⁄2 year,
The afternoon programme of the meeting saw the members of the andięty visiting the Central Broad- casting Station, the City Water- works and the Central Observa- tory. seeing scientific motion plc- tures, and attending dinner par ties, October 27--- Central News agency,
BREADMAKING COMPETITION bread. Bection ""B" (ships without employment as, those who leave the Winning exhibits in the annual bakeries), Leading Cook A Eservice on expiration of their first breadmaking competition on the Peddle, H.M. Submarine Orphens, engagement. Statistics which have Chine Station were produced as first: Chief Petty Officer Cook R. been obtained recently from the
National Association for Employ follows: Section "A" (ships with J, Staines, HME, Duncan, second.
ment of Regular Ballora, Soldiers. bakeries), Petty Officer Cook B: D.
and Airmen show that these doubts Keen, HMS. Medway, first with bakery-made bread, and winder of
EMPLOYMENT AFTER DISCHARGE
It has been brought to the notice
the trophy presented by Admiral of of their lordships that doubts are the Fleet Bir Reginald Tyrwhitt: frequently expressed whether men Chief Officer Cook J. Deam, HMS. who have completed their time for Medway, first with galley-made pension are as likely to obtain civil
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