HONGKONG DAILY PRESS
Supply Of War Materials To Chinese Army Appeal Against Decision Of Puisne Judge Fails
$190,000 Paid Recovery Of
For Supply Of Gas Masks
AN APPEAL AGAINST THE DECISION OF MR, JUSTICE R. É LINDSELL IN STRIKING OUT PART OF A STATEMENT OF DEFENCE in connection with an action arising out of contracts for the supply of war materials to the Chinese Army, brought in the Full Court yesterday by fenri Krebs, trading as Maurice Augsborg and Company, Gloucester Building, was dismissed after a full day's hearing.
The appeal was heard by the Chief Justice," Sir Atholl Mac- Gregor, and Mr. Justice J. A. Fuser. Appellant was represent- ed by the Hon. Mr. Leo. D'Almada e Castro, Jnr., and Mc. H. C. S Macnamara, instructed by Mr. H.J. Armstrong, of Messrs. Deacons. Mr. Eldon Potter, KC, instructed by Mr. Sidney Ng Quinn, of Masers. G. K. Hall Brutton and Co., appeared for respondents. the Fourth Route Army Corps of Canton
The action, brought by the had been appropriated specifically Fourth Route Army against Mr. for the present contract. Krebs, was for the recovery of a sum of $190,000 paid on a contract for the supply of 10.000 gas masks, which, on delivery and inspection, were found to be inconsistent with samples.
In connection with this action, Mr. Krebs led a statement of defence, part of which, rejected by Mr. Justice Lindsell arid förming the subject of the appeal, was as follows:-
Even assuming the point, though he disputed it. Mr. Potter said the contract was not performed in all respects.
BENCH RESERVES JUDGMENT
Indian Sergeant Charged
GENERAL
Japanese Acquire H.K. Property
NEW LANDLORD'S INTENTIONS
BIG INCREASE
IN RENTALS
DEFENCE EVIDENCE
Indian police constables and district watchmen were predo minant among the spectators "at: Kowloon- Court yesterday."
when remaining evidence for
Rapid developments have fol- the defence was called in the -- Mongkok Market bribery case.
Jowed the purchase by Japanese Interests last month of No. 2 Mr. Hin-Shing Lo, appearing for Connaught Road Central, one of the defendant. Lance-Sergeant the birrest-blocks of office build- Amrik Singh, of Mongkok Police ings on the Central Praya. Station, called Sergeant Russell, of the same Station, and several In-
It was be recalled that, as ex dian constables who gave evidence clusively reported in the "Hona- of the defendant's movements on kong Dally Press" of June 1, this the days he is alleged to have soli- property was recently sold by the clted for bribes from stall-holders Hongkong Land Investment and of the market. -
|Agency Co., Ltd., to Measta. Car- Singh is charged on four.counts roll Brothers, acting as brokers of receiving bribes, to a total of for, the principal... It is
that the purchaser is a $3.50, and on four alternative learned
a Japanese counts of misbehaviour as a police Mr. Toshihiko Ito,
Russell, In publisher with headquarters Sergeant officer. evidence, stated he was on duty Formosa. from 9 a.m. to mid-night on March
Previous
пот
起
information regarding 10. A few minutes before 4a.m. the policy of the new landlord had Counsel quoted authorities tohe paraded certain men. The de-been to the effect 'that no radical show that even with specific goods fendant was amon
these
men, change was contemplated. It was C.I.F. in
contracts, something and he had paraded in uniform, stated that the whole front of the more had to be done and that was belt, and revolver.
premises would be remodelled and that the seller must put the goods
DEFENCE SUBMISSION
offered as a shipping office, that 'ground' foot on the on board a ship.
Mr. Lo also called to the wit-tenants Mr. Potter said he had failed to
ness-box the defendant, who would be given notice to quit, but increase or And, in any single case of CIF dented all the charges made that beyond a minor
two in rent" other tenants would "The plaintiffs (Fourth Route contracts, where it was presumed Army) before the action were and that, the property had passed be-against him by the stall-holders.
In his submission for the de-not be affected. still are indebted to the defendant fore the goods were put on board fence. Mr. Hin-Shing Lo contend- (Mr. Krebs) in the sum of £42,000, a ship.
claims
||
Enquiries pursued by the "Dally ed that the unsworn statements Press" yesterday show, however, made by the complainants in the that increases asked, most of not all will start a5 case to the police, and their sworn which, if testimony from the witness-box tram July 1, range as high as were largely contradictory in from 50 to 70 per cent. substance, that the defendant was the innocent victim of a trap sēt}
NO DEFENCE the "equivalent at exchange 18.
Referring to the statement of 2-7/8d. of HK $677,647.08. being price of goods bargained for ana defence. Mr. Potter said it was a sold by the defendant to the device raised by counsel to set up plaintiffs, and the defendant defence in a case which ob-
to set-off against the viously had no defence at all.
Mr. Krebs, in his affidavit, had plaintiff claim" an equal amount of the said debt due to the defen- said that he was not in a position by the stall-holders to snare an Indian constable, Mr. Lo contend- dant, Le, $190,000."
price was to be pald. The price ing that the stall-holders held a was, in fact, never paid and consegrudge against the Indian con- "shipment of gas masks, and the quently the goods were not ship-stables of the Station, and that it
per Assuming that his clients was not possible from a cockloft ped. subsequent action brought by the were wrong, said Mr. Potter. all Shumchun Street to obtain a Fourth Route Army for the re-the other side could do was to sue clear view of anything going on in covery of the sum of $190,000, Mr. for breach of contract and not the market below.
SET-OFF PLEADED After referring to the order and
D'Almada said Mr. Krebs fled a statement of defence pleading a set-off in respect of £42,000 which was due to him in respect of 8,000
Bo tell it and
when the
put up the whole sum of £42,000 as a set-off.
Mr El Himsworth, beforeTM whom the case is being heard, reserved fedgment to 11.30 am. on Satur-
day.
CROWN. LAND SALES
Two
Kowloon And A Rural Lot
ፃነ
For example, Messrs. Alex Ross and Company, old tenants who, it is 'understood, are al- ready paying a not inconst- derable rental, have been served with a notice of an increase of between 50 and 60
cent, and most of the other tenants are similarly affected, the percentage in the _majority of cases, in fact.
being higher than that.
NOTICE TO QUIT
Regarding the continuance of tenancy, it is learned that, "occu- plers of floors other than the ground Hoor have been given, notice to leave, notably on the frst floor which, according to reliable information, the pur chaser intends for his own use.
Several tenants who had leases with the old landlords have been offered new ones but it is stated
TUESDAY, JUNE 27, 1939. -PAGE 7
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The House of Quality & Service
"NIKS"
"On my friend's showing." said counsel, payment was not dire high explosive shells bargained for until the documents were present- and sold to the plaintiffs, ("
ed. Until the documents came This part of the statement of into existence, there was no ques- defence was ordered to be struck tion of payment at all. Payment out by Mr. Justice; Lindsell on the and delivery of documents (not grounds that it was vexatious, goods) are concurrent conditions. frivolous and therefore an abuse The documents must be tendered of the process of the Court.
by the seller to the buyers.” Continuing, Mr. D'Almada "wald
In a CIF contract, no property that the case for the Fourth Route ever passed until the goods were Army, so far as the, argument in
shipped, said Mr. Potter. Unless
At the Crown Land sales held that in most cases a considerably Chambers was concerned, was 'that
property passed, one could not
at the P. W. D. yesterday, Kow-higher rental is being asked, and, the claim of Mr. Krebs could not sue for the price, and in this case loonciniand Lot No. 4147, situated in at least one case, where a lease be pleaded as a set-off but should property fever passed from seller at the function of Ma Tau Wei was offered the tenant
was told in fact be taken out as an ordinary to buyer. action by way OF claim
Road and Sheung Heung Road, that he would in any event be re- for Mr. Macnamara said that owing Ma Tau Chung, comprising an quired to move towards the damages for breach of contract, to the curiously-worded phrase
POULTRY PACKED IN area of 57,000 square fect, was of the year. The onus to prove that the delivery at factory" 8,000. shells statement was frivolous and vexa had been set aside and they relied 187 King's Road, at the upset with the high increases demand-
sold to Mr. T. Y. Chan, of No. Though naturally dissatisfied SMALL CRATES tious was on the plaintiffs, and
T. Appearing "before Mr. an appropriation
J. Mr. D'Almada submitted that this under the contract.
price of $42,895.
jed, most of the tenants intend to Under the
the Central Court had not been discharged.
Kowloon Inland Lot No. 4148, stay on, realising fully that they Houston, at provisions of the tontract, argued situated at the junction of To are not protected by the Preven
cruelty. yesterday, charged with The burden of Mr. Potter's argu- Mr. Macnamara, property had ments in Chambers in this respect, passed when the shells were allo- Kwa Wan Road and Lok Shantion of Eviction Ordinance and fowls, a shop fold, Ngal Tak, was fined $25, or, in default, one month's hard labour.
נ
upon
that as
he said. was that the agreement cated at the factory.
for 8,000 shells being a CIF, con-
tract and, there being no tender
had
JUDGMENT
area
4
end
A Guild Gue For Hong Kong For
MABEL
B Road, comprising
of that chances of finding other 50,000 square feet, was sold
to suitable accommodation in the
Defendant was riding a tricy- Messrs. Wang Hang Banking and present congested state of the Giving Judgment, the Chief or transfer of the shipping docu- Justice said:
cle when he was stopped by the Mortgage and Land Investment Colony are very slim. "We have, in this
police. On the vehicle was a crate, ments to the buyer, the property case had the benent of very full Central at $37,600.
Ltd., of No. 177 Queen's Road The upeet
It is believed, however, that 4ft." 2in. in diameter and 18in. not passed to the buyer and abic argument on both sides."
• in few Cases will leases be
high. Ia this crate were
62 price was $37,500. wherefore obviously a claim for The decision we have come to is
signed, most tenants prefer: ducks. Another crate of's small- Hquidated sum could not be made, that the decision the learned trial atuated at the north of Rural Rural Bulding Lot No. 424.
ring to to da paying the rent er aizé contained 18 ducks and true course of action being Judge came to was a correct de-Building Lot No. 237, Middie Gap
asked, from month to month.26 chickens. damages for breach of contract.
cision and that this appeal must Road, comprising an area of 16,900,
while hoping to secure other
Ngai pleaded guilty to the A CLF. CON1RACT
be dismissed with costs. If the square feet, was sold to Mr. G. A
premises.
charge, but "states that he did parties so desire, we are prepared Harriman, of Messrs. Harriman
well-known tenants of the not know the number of birds to give our reasons in writing."
He was "told to and Blake, at the upset price of building are:- Reuter's News in the crates.
Agency, Messrs. Alex Ross and deliver the fowls by his. master. $2,028.
Co., Messrs. Dodwell and a's. Tea His master admitted the fact Lammer Brothers, and was ordered to pay the fine the German Club, Messrs. Ahips for the defendant.” and Co., Old Cathay, "Ltd, J. M.
Mr. Potter submitted that the contract was in every essential a C.LF contract, where no property Mr. D'Almada duly applied for ever passed and no payment was such reasons to be written down. due until the proper documents were tendered to the buyer. #
had been conceded, in this case, that no property was ever put on a ship and no documents had ever been presented.
40 CASES OF CHOLERA
MEN OF WAR IN Department,
HARBOUR
Fines totalling $50 were impos- The following men of war werelves and Co.. US. Rubber Export
Co., the Commercial and Credited on a married
woman Chan Forty cases of cholera (one im-in harbour yesterday:-- ported) were notified to the Health
Gunboats: Tarantula. Seamew, Information Bureau, and others. Mul, by Mr. R. A. D. Forrest at It is of interest to note that a the Central Court yesterday on
Co., moved into the building last 8. C. A possession of a ward azid
Yet, just because of a phrase in Department on June 25, in addition | Cicala. the contract "delivery at factory" to twenty-five cases of tuberculosis, Submarines:Phoenix, Regent. Japanese firm, Messrs. Taise and charges of falling to report to the the other side had contended that Ave cases of enteric fever, two Otus: Odip, Grampus. the property passed to the buyers cases each of cerebro-spinal fever Destroyers Tenedos, Thracian,week. Another Japanese concern, ill-treating a child. Wong Nut, the local representatives of the aged 5, on June 148 Defendant at the factory. Though 8,000 shells and dysentery and one case each Duchess, Dlaria.. might have been put aside at the of small-pox, diphtheria and Foreign men of war:-American Tokyo "Asahi," were already in admitted that she had beaten the factory, it did not mean that it measles.
POP-ADJUSTMENT NECESSARY
WE CAN'T GIVE.
YOU ANY
.MORE.
CREDIT
Mindanao.
~ YOUR BILL'S
MUCH BIGGER-
WWNOWN
THAN IT OUGHT" TO BE"!
the premises.
[gir) because of bad behaviour.;.
By J. MILLAR WATT
IF YOU SEND IT-IN FOR
THE RIGHT AMOUNT",
I'LL PAY IT!
Furnishing
Depar
tment
Tel. 28151.
HONGKONG
HOTEL
HE MANAGEMENT bega THE
to announce that as from Saturday next, the 1st July, 1939, the Roof Garden Tea Dance This will be discontinued. popular function will be resumed at a date to be announced later.
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