1941-05-20

PAGE 8-HONGKONG DAILY PRESS

Alleged Overcharging For Freightage: Judgment Given Defendants In Court Claim

REASONS, IN WRITING, FOR GIVING JUDGMENT TO DE- FENDANTS IN THE ACTION IN WHICH THE TAI HING LAN, arm of No, 280 Des Voeux Road West, claimed the return of money allered to have been overcharged for freight by the Shun Cheong Steamship Navigation Company, of No. 24 Con- naught Road West, were given by Mr. Justice P.E.F. Cressall at the Summary Court yesterday.

Mr. F. I. Zimmara represented The plaintiffs thereupon brought plaintiffs. while Mr. D. McCallum the present action for the re- appeared for defendants.

THE JUDGMENT

His Lordship said:

In this case the plaintiffs claim from the defendant com- pany $535.22 which they allege is the

of money, they wese overcharged as freight on a con- sigament of 594 bales of cassia.

The facts proved cr admitted are as follow:-

covery of what they allege was overcharged them.

ENTIRE CONTRACT

汁

Now, before dealing with the case as a whole. It may be con- venient to state at the outset

what the term "freight" is gener-

ally understood to mean. Freight is the reward payable to the car- rier for the safe carriage and de-

The plaintiff arm are general livery of goods; it arises on

contract for the conveyance of Importers of merchandise. the de. fendants being the agents for the merchandise, and is in its nature owners of the ss, "Ta! Boa Shek. an entire contract, so that, as a On or about Feb. 2 the steamer general rule, nothing can be de- loaded cargo at Kwongchowwan and manded for freight until the con- there was put on board at that tract is completed by the delivery port by the Tai Yan Wing Firm of the goods at the place of des-

the plaintiffs in Hongkong. The usual mate's receipt was signed on behalf of the ship and a bill

of lading was made out, one copy being given to the representative "of the shipper, and one retained

by the ship's authorities for de- livery to the plaintiffs.

ALLEGATION DENIED

tination.

LEE-KWOK

Mr. Lee Su-tang and his bride, the former Miss Kwok Sung-

duck. (King's Studio)..

this contract exists or not.

GENERAL

OVALTINE GIVES ADDED ZEST FOR WORK & PLEASURE

Three natural foods which are rich in nourishment--malt, milk and eggs-are. extracted and com- bined in a food product-the de- Helous tonic food, beverage Oval- tine: Taken for breakfast instead

TUESDAY, MAY 20, 1941.

ROUND THE POLICE COURTS

AT CENTRAL

“VERY MEAN OFFENCE" A-30-year-old unemployed ap- peared before Mr. H.G. Sheldon,

sale and that he was going to buy accused walking on the passageway it, whereas in fact, the said Studio towards the door. She raised the was not for sale nor had he alarm and defendant took to his such intention

heels towards the veinilaan, It is understood that Mr. C. 1. | Later another occupant went out Kwan la appearing for

the

de to the verandah to find ́ ́accused ferice.

lying on the street, apparently Det.-Agt, J. R. Sykes is in charte having jumped down from the of the cast

verandah.

Accused admitted that he went there with intent to commit a. felony.

of tea, coffee" or cocoa Ovaltine KC., yesterday accused of a "vers gives an added zest for work or mean offence"

ASSAULTED CONSTABLE He was Lau Klu-wai, of no fixed pleasure; it is the finest natural foundation on which to base the abode, who was alleged to have Convicted on a charge of having activities of the day.

stolen two earthen incense pots assaulted Police Constable C684,

Defendant, who had two previous There are numerous reasons why from a gruve in the Mohammedan Chan Wing, while the latter was convictions, was sentenced to six this tonic food is named specific- Cemetery, and three flower pots in the execution of his duty, at weeks' nard labour. ally. It is a complete and perfect from the Colonial Cemetery.

Hennessy Road on May 17, Chan food, for, it provides all the nutri- Det. Sgt. J. Bentley said that de- Chu, 27, shop foki ot No. 145,

LOITERERS GAÒLED seen by a district ground floor, of the same road. tive elements required for buliding fendant was

Appearing on remand before Mr. up body, brain and nerves. It is watchman in Tai Yuen Street in was fined $15 or three weeks' hard Macnamara yesterday, Lai Pang. easily and completely digestible, possession of the earthen wares.labour by Mr. Sheldon yesterday, 127, and Lo. Wah, 31, convicted on while it possesses special proper- He was questioned and admitted

Insp. F. T. J. Portallion, who the charge of loitering at the stair- ties which make the milk with stealing them From the

above prosecuted, sald that about 4.25 case of No. 200, Prince Edward which it is taken digestible and places.

Roberts residence;

for 24

tance of the goods liable to all chowwan were at al material: Unlike imitations it does not contain money by false pretences.

not

tearing his tunic.

previous convic-

than Im

are allowed to

First five accused

were

ca ciz

much more nourishing, It is pre- "There is a lot of this kind of pm on the day in question, C664 Rosa. Bgt. F pared to an exclusive formula DY | theft going on," added the Ser-went to the shop and asked for the were sentenced to three months' but us was held in Allen v. Col-sefentific methods devised by the geant, and I ask Your Worship name of the master as he wished hard labour each.

Lai had me te take out a summons against and which cannot bel to take a serious view of the

him for road obstruction. While the ions and was still under Police question of fact, to be determined copied.

case. The offence is very mean.' art (1883) 11 Q.B.D. 782 it is a makers

police: oncer was taking the supervision, while Lo had ten pre- CLASS BY ITSELF

Denying one previous conviction,

name down, defendant came vions convictions Ovaltine stands in a class by it-defendant was remanded of the particular case, whether by reference to the circumstances

JUNK MISTRESSES FINED out of the preraises and struck self for quality and value. It is hours for checking his anger him on the left side of the body. the only tonic food beverage prints,

Eight junk mistresses were CIRCUMSTANCES OF CASE

charged before Mr. D. J. N. Ander- are Now, what the circums-awarded the Blue Seal Certificate

FALSE PRETENCES of Hyglene!

COMMON GAMING HOUSE Bon yesterday with approaching 592 bales of cassia consigned to If, therefore, a person receives tances of the case under review? of the Institute

Chau Tong, 34, unemployed, was

Lau Tông, 26, unemployed, of No, within 30 yards of a British ship goods from on board "a ship, It is clear. and indeed not dis-granted by the way. in recognition

maintenance of its high charged before Mr. G. T. Lowry

&L the China Merchants which are shipped to the shipper's puted by the plaintiffs, that the jof the

Wing firm of Kwong, quality over a period of 27 years. yesterday with attempting to ob-153. Shing Wo Road, third floor, wing

was fined $50 by Mr. Sheldon yes-Whart on May 17: while she was order, he makes himself by accep-Tai Yan

It was alleged that he attempt-terday, when he pleaded gulity to flying the H. aver N. N. flag, which the terms of the bill of lading times the agents of the plaintiffs, tain a large percentage of cocoa. this is well settled law and I do That they the Tai Yan Wing Ovaltine provides the maximum ofed to obtain the sum of $8 from charge of keeping the ground means no person other think the solicitor for the firm) in the ordinary course of health-giving nourishment at the Chan Lam at Wing Lok Street by floor of No. 40, King Kwong street migration omicers plaintiffs disputes the fact that their business as agents, engaged lowest possible price-a small tin trying to sell to him (complainant) & common gaming house for on board.

the most two tubes of Government opium, "pal kau" on May 17. this is so. His argument, as I cargo space on the steamer and makes 24 cupsful of

board on Lo.b. complete, correctly balanced and whereas they contained substance Of the 13 others on a gambling fined $23, while the remainder, who The steamer arrived at Hong- understand it, is based on the put the goods on

other than Government oplum charge, only 7 were present in had previous convictions were fined kong on Feb. 9 and the plaintiff ground that his clients contract terms. That the goods were the concentrated nourishment.

Defendant was remanded for 24 Court and they were fined $2 each. firm having been notified took with

Inspector R. Cunningham was the defendant "Arm is property of the plaintiffs at the

in charge of the car delivery of the goods by paying nothing to do with the original time they were put on board and terial times the duly authorised hours for making further enquiries. The absentees had their ball of the amount of freight charged contract entered into by the ship-remained their property when de-agents of the plaintiffs and that on the application of Det.-Sgt. $5 each estreated.

Table money amounting to $5 Le $1,764.72. "Subsequently the, pers st Kwongchowwan but is an livery, took place at Hongkong: in accepting the terms and con- W Summera

picked up HEARING FIXED

was ordered to be plaintiff firm protested to the de- implied contract which arose at That their agents signed the bill ditions of the bill of lading they the

donated to the Poor Box. Hearing of the case fendants as to the amount alleg. Hongkong when delivery of the of lading (see exhibit C), which bound their principals, le.

which inter alia, that after plaintiffs, to the contract of car-

Det.-Sgt. J. Bentley prosecuted. Ing that the bales of casta had goods took place. In other words, stipulated

Chu Sau-fung, 30, unemployed, of been fixed the rlage entered into with the stean- been wrongly measured. The defen-his contention is that the receipt the freight has

Street West,

As a result of a fall from the company. That being so No. 9. Ming Yuen dants replied denying the allega, ot the goods by the consigue shipper is not allowed to pay less ship

roof of an A.R.P. shelter ät Tal amounts to evidence of a new for the same.

they cannot now protest that they frst door, is charged with obtain-

Nam Street, a 12-year-old boy, Om March 4, 1941, a

Now it has been suggested by were overcharged. The time for ing money by false pretences was firm of contract, distinct from the

Con-

Lowry

Chan Sin-lan, of No. 323, Tai Nam when the cargo fixed for June 13 by Mr.

ATTEMPTED FELONY

Street, died in the Kowloon Hos- marine surveyors at the request of tract of carriage entered into by the plaintiffs that their agents protesting was

head the plaintiffs measured 592 bales the shipper, whereby the con- were not authorised to purchase space was engaged and when the yesterday.

took

Chan Kin-lam, 28., was charged pital yesterday morning of place art It was alleged that Chu obtain- of Cassia then lying in go-signee, in consideration of the ship cargo space on their behalf and measurement

the sum of $200 from one Yim before Mr. H. C. Macnamara yes- injuries sustained from the fall. "downs of the plaintiff company owner giving up his llen on the that their sole duty was to put Kwongchowwan.

Len-terday with being found in

report, the de- According to a

and

For these reasons I hold that Sau-man at Queen's Road found that the total goods. agrees to pay the the goods on board.

ceased and other boys were play. principle were 2,475 cuble freight. This

the plaintiffs have falled "to make tral on Mar. 10 as payment for a dwelling house.". CONTENTION UNACCEPTABLE,

falsely pre- Sgt. J. Ferrier said that about ing on the roofs of the A.R.P. fcet as against the 3,749 cubië been laid down in · serles I cannot accept this contention out their claim and there must be certain business, by feet on which the freight had of familiar decisions and and I and as a fact that the Tal judgment for the defendants with tending that the Sun. Tai Luk 3.35 am. on May 15, a woman at shelters on Sunday when he acc

Studio, Johnston Road, costs.

for the, above address got up and saw dently fell down. been charged.

no obfection can be taken to it. Yan. Wing firm were at ail

tion.

measurements

has

Was

"AT KOWLOON

$50 each

YOUTH KILLED IN FALL FROM ROOF

Share This Page