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HONG KONG, DAILY PRESS SATURDAY, JULY 3, 1937.
JUDGMENT FOR DARING
PLAINTIFFS
Battery Labels Case
At the Summary Court yester- day, an action brought against the United Battery Service (defen- dants) by the Tin Tsun Litho- graphers" (plaintiffs), claiming the sum of $240 for work done and supply of 240,000 battery labels, heard before the Pulsne Judge, Mr. Justice R. E. Lindsell, who gave judgment to the effect that the action was found to be non-suited.
WAS
The plaintiffs were represented by Mr. 8. Ng Quinn, while Mr. H. L. Kwan appeared on behalf of the defendants.
Giving judgment, his Lorship said:
"In this action "the plaintiff seeks to recover from the defen dant the price of certain labels manufactured by him to the de-
fendant's order, and has framed his claim as one for the cost of work done and materials supplied. "The defence has taken the pre- liminary objection that the evi- dence given on behalf of the plaintiff discloses no more than a breach of "an' agreement for the sale of goods. The true test to be applied in determining whether a particular agreement is one for the sale of goods or one for the supply of labour and materials are most clearly set out in Volume 28 of Halsbury's Laws of England p.881, para. 1518:"
Whether a contract is for Work and labour or for goods sold and delivered depends on the term of the Individual con-
|
KOWLOON
ROBBERY
Accused Committed
For Trial
PASSENGERS
R.M.S. Empress Of Canada
The following passengers ar rived in the Colony yesterday by the R.MS, Empress of Canada;—
Mr. Haking Wong, Mr. and Mrs. The story of a daring robbery R. A. Heard, Mr. Ng Wah, Mrs, K. which occurred early last month & Quirk, Mrs. B. Thomas, Ms3. was related as the Kowloon Ma- Thomas Miss B "Abdulla. Mr. Ira gistracy yesterday when Kwok Crocker, Mrs. Mary Goodwin, Mr. Fung, allas Kwok, Fuk-yeung was and Mrs. A. F. Tuolba, Miss
Toulbs, Mr. and Mrs. G. H Whit- charged before Mr. E. Himsworth.
Detective Inspector Cunning-ney, Miss Ruth Whitney, Mr. J. ham, assisted by Detective Sergt. Huau, Mr. and Mrs E C. Monck, Forrest, conducted the prosecn- Lt. N. W. Metcalfe, Mr. and Mrs. B. C. Parikh, Mr. W. G. Robertson, tion.
A
Dr. R. 8. Begbie gave evidence Mr. HL H. Bernstein. Mr. H Clyek of the examination of certain MR. J. Crožam, Mr. S. T. Dan- lop, Mrs Ellis, Mr. and Mrs. W. J. clothes worn by complainant Gallon. Mr. R. A. Kreulen, Mr. and Wong Ho, widow, at the time of Mrs. R. D. Lapham, Major J. the incident. There were patches Lindell, Mrs. T. Madar, Miss of blood on the collar and front Madar, Mrz C. McCormick, Mr. P. and back of the garment, and the North, Mrs. E. F. O'Leary Miss E. white boat which was worn byr. O'Leary Mas Oleary, Mrx" E. defendant was also stained.
a
Prost, Miss P. Quirk, Miss A. Dr. G. 8. Luke, medical officer at quiwos, Mrs. C E. Reichel, Miss J. the Koloon Hospital stated that A Reyes, Mr. F. E. Shaw, Mr. P. complainant when admitted to H. Sun, Madame Sun, Master Sun. Mr. M. Sun Mrs. W. A. Warren. hospital was suffering from
Mr. Wel Pen Yung. Mr. T. Wang scalp wound on the scalp." "Mr. G. F. Walker, of Messrs. Mr. J. A. Glenn, Miss N. Glenn, Percy Smith, Seth and Fleming, in Miss H. Amos, Miss L. M. Davis, Mr. and Mrs. M. Golden, Mrs. A. evidence said that while he was proceeding home in a taxi about W. Ingram, Miss L. Loper, Mr. and 12.15 am. on June. 3, and when Mrs. E L Marshall, Mr. and Mrs. coming near une Gun Club H. Quirk. Dr. Faul Baker, Mrs. Barracks, the driver suddenly stop-R. H. Baker Miss E. Heil Col and Mrs. Burrowes, Miss Burrowes, ped and alighted from the car.
Mrs. R. Wolffe, Mr. K. 8. Auyang, When witness had alighted him Mr. A. Bower, Mr. T. Malcolm. seif he saw a Chinese woman in Miss J, Rennie. Mr. E. W. Zapanta, the road moaning, and blood was
Mr. and Mrs. C...W. Wood'n. streaming from her head.
The driver chased the robber
and the defendant.
.!
tract, but when the substance of a and returned with the handbag SS. Pres. McKinley
contract is that a chattel shall be made and delivered when · com-
pleted it is one for the sale of
Wong Ho. In the witness box, told the Court that while she was
goods rather than for work and | walking near the Gun Club Hirved in the Colony by the
labour. (Lee v. Griffin (1861) 1 B. & S. 2721. If the work and labour ends in nothing that can proper ly become the subject of the sale,,
Barracks she heard footsteps-fol~ lowing behind her." Someone then hit her on the head with a plece
tion of Hunghom.
8.5.
The following passengers ar
President McKinley yesterday!-
Mr. Averardo Bertocchi, Mr.
Berry, Miss Matilde Castillo, Mr. George A. Broomell. Mra P. N.
the" contract is for work and lay of wood and bolted in the direc- and Mrs. Guido Carreras, Mrs. A. bour and not for goods sold and delivered. There may be a con
tract for the sale of goods when the value of the work and labour is far in excess of the value of the materials on which, the work and labour is expended, for the true test for distinguishing the two contracts is not, the value of the skill and labour as compared with the materials.'
"Applying these principles to the present case it seems to me ob- vious that an agreement for the manufacture and supply of print- ed labels is one for the sale of goods and nothing else. Z I go tó a crockery dealer and order a dozen plates of a special pattern to be made for me at a certain price and the dealer undertakes
Defendant dented the charge preferred against him. Head mitted that he had assaulted Wong Ho because he had lost his temper. Defendant was committed to stand his trial at the next Criminal Sessions.
POLICE REPORTS
A report was made to the police on Thursday by Mr. Anderson, of steamer Ardent, lying-in the Cosmopolitan Docks, that same person entered his cabin during his absence in the afternoon, and stole foreign and local currency, and Jewellery to the total value of $242
·
my order, that is clearly an agree- An unknown Japanese boy, aged
ment for the sale of future goods.ve years, was sent to the Kowloon and it can make no difference if Hospital on Thursday with injuries the workmanship accounta" för to his left leg. caused when he was ninety per cent. of the price and
run over by taxicab 'No. 768 In the material only ten per cent. I Canton Road near the Taumatt can see no difference between such Market. a case and this one. In each the work and labour" ends in some-
thing that can properly become the subject of a sale.
Suffering from Injuries to the face and body, caused when she fell off the back of a motor lorry at Castle Peak Road on Thursday, Wong Yuk-kom, a woman, vas ad- mitted to the Kowloon Hospital.
❤
"The things here ordered became on completion just as saleable as if the plaint firm had had them in stock at the time of the order. "There was here, then, a com
coole, Au Chan, of No. 10 tract, for the sale of goods of the Bulkeley Street, Hunghom, was ad- value of upwards of $100 and bymitted to the Kowloon Hospital on Section 4 (1) of the Sale of Goods Thursday with injuries to his right Ordinance, 1896, such a contract hand. Three of his angers were is not enforceable except in cer- cut off as a result of being caught tain circumstances, none of which in a wire attached to a driving has here occurred.
wheel of a circular saw, at the Sun Wo sawmills.
"There was no acceptance and actual receipt by the defendant of any of the goods. Nothing was given in earnest to bind the con- tract, or in part payment; ' and there was no sufficient note or memorandum in writing made and signed by the defendant.
costs."
EUROPEAN CHARGED
Fanio, de Cedrun," Mr. Amado B. Culson, Mrs. M. J. de Gopico, Mr. Lee Heng, Mr. B. Ramgopal. Mr. Paul Von Schubert, Mr. Jose P. Ventua, Mr. Paul F; Westfall,
BAILS ESTREATED ·
Chan. Shiu, aged 48, unemploy ed,--had his ball of $50 estreated yesterday when he failed to ap- pear before Mr. K. M. A. Barnett at the Kowloon Magistracy on a charge of keeping a gaming house at 23, Haiphong Road, on June 30. Twelve others who were charged with gambling were each fined $2. The table money, 35.50, was order- ed to be placed in the Poor Bo Detective-Sergt. Brooks prosecut jed. ›
Falling to appear before the. Magistrate yesterday, three stokers of the 54. Nanking, who were charged with trespassing at the Hungham Police Station, had bail of $3 each estreated... Inspector
Russell said that defendants were found in the grounds.plucking abre from the trees and gave the reason that they wanted them for medicine.
SILENT ZONES”
Mr. E. Himsworth at the Kow-. loon Magistracy yesterday ad- ministered cautions in four sum- monses for breaches of the new re- gulation prohibiting the sounding and blowing of motor car horns in "lent Bones" in the Kowloon Peninsula."
The four offenders, were Major B. E. Dixon, RE, residing at No. 278, Prince Edward Road, F. H Gegerty, of No. 213, Prince Edward Road, R. V. Lederhofer, of No. 108, Waterloo Road and C. Spradbury. residing at No. 1, United Terrace.
ROBBERY WITH VIOLENCE
At the Kowloon magistracy yes terday Charles Fuxman, of the "The action therefore fails and having, on June 28, received 68 Marcel Cafe, was charged with plaintiff must be non-sulted with ibs. of beef, 29 kippers and two wooden boxes, knowing them to have been stolen. Detective Bub-A charge of robbery with vio- Inspector Cunningham appeared lence was preferred on Kong Wal, for the police, and Mr. Peter Sin aged 22, unemployed when he ap- for the defence The case was peared before Mr. E. Himsworth adjourned to Tuesday, July 5, it at the Kowloon Magistracy yeater- 2.30 pm. defendant being granted day morning. It was alleged that ball of $200.
CHAN SZE MURDER SEQUEL
LA Fur-chong, chief manager of the Sincere's Perfumery Manuface tory, again appeared on remand at the Kowloon Magistracy yes- SEQUEL TO ROBBERY terday charged with being an ac- cessory before the fact in the mur The highway robbery on June 16 der of Mr Chan Lal-taun, alias in which 2-man named Kam Ko David Chan Aze, former managing was robbed and stripped of his director of the Sincere Co
clothing had a sequel at the Cen- Detective Inspector Carey asked tral Magistracy yesterday, when, for a week's remand, but Mr. Leu betore Mr. W. Schofield Ho Tak, D'Almada, Benr,, for the defence 32. street coolie, and Hung Shu 21, asked for a date to be fixed. The boring Instructor, were charged police, however, stated that this with the crime. Detective-Bub- could not yet be done? Mr Inspector W. Darkin said the case D'Almada said he would ask for a was for com and asked for date at the next hearing The 72 houre remand in police custody, case was adjourned for a week
which was gran
Kong violently snatched a hand- bag from Yau Wai-Ying, in Market Street on June 28.
The case was remanded for 72 hours on the application of Detec- Live Sub Inspector Cunningham:
· SERIOUS CHARGE AGAINST UNEMPLOYED
ק.
Fung Cheux, aged 38, unemploy ed, appeared on's charge of carnal knowledge of a giff Chu Choi, aged 12, before Mr., E. Emsworth at the Kowloon Folice. Court yesterday. Detective Sub Inspector Cun- ningham applied for a remand of 72 hours which was granted."
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