Mails.
THE HONGKONG TELEGRAPH TUESDAY JULY 20 1909.
Intimations.
NORDDEUTSCHER LLOYD. THE YOKOHAMA DOCK CO., LTD.
BREMEN,
IMPERIAL GERMAN MAIL LINES
STEAMERI
To Buil
WEDNESDAY,
28th July, Noon.
FOR
NAPLES, GENOA, ALGIERS, "KLEIST
GIBRALTAR, SOUTHAMPTON, ANTWERP and BREMEN rátane)
· " GOEDEN"
SHANGHAI, NAGASAKI, KOBE B. Wilhelmi
And YOKOHAMA ...........................STALLED Manila, yap, newGUINEA,) BRISBANE, SYDNEY & MEI- BOURNE.....
KUDAT and SANDAKAN..................nd ben
“COBLENZ"...iik.................) FRIDAY,
Capt H. Raegenar......
Capt. O. Pannkė
.? About WEDNESDAY,
28th July.
13th August, to AM,
!BORNSO"
Capt. F. Samblil
Beginning of August,
For further Particulars, apply to
NORDDEUTSCHER LLOYD,
- MELCHERS-&-CO.,- GENERAL AGENTS, HONGKONG & CHINA.
Hongkong, 19th July, 1909.
MESSAGERIES MARITIMES.
FRENCH MAIL LINES.
FORTNIGHTLY, SERVICE TO and: FROM EUROPEJvia SUEZJOANAL,
TO and FROM JAPAN via SHANGHAI,
...
STEAMERS
CAPTAINS
TO JAIL ON
FOR SHANGHAI, KOBE, YOKOHAMA .....TONKIN...............................Charbanget...2nd Aug., P.M.
· MARSHILLES, VIA PORTSCALEDONIEN ...... Cazanova, 3rd Aug, aUI P.M. SHANGHAI, KOBE, YOKOHAMA...ÂŲSTRALIEN............... 16th Aug., P.M.. MARSEILLES, YL PORTS ERNEST SIMONS...Girard............'..... 17th Aug., at 2 PM,
Traushipment on the Go's Steamers at Singapore for Batavia; at Colombo for Calcutta Bombay and Australia s'at Port Said for.iba.Levant, Constantinople and Black bea...
Parit from 37.10 up to £71,10, 20 hours"railway from "Through Tickets to London is Marseilles to London.
interpreters meet passengers at their arrival In Marsalfles..
For further particulars, apply to
Hongkong, 20th July, 1909:
P. do CHAMPMORIN,
AGENT,
QUEEN'S BUILDINGS.
MESSACERIES CANTONAISES.
FRENCH 'LINE OF STEAMERS BETWEEN HONGKONG, DANTON AND
KOUANG-SI
S.S, "PAUL BEAU," '1,900 tons, 14.koots.
US. "UHARLES HARDODIN,” 1,900 tons, 14 knotu,
The speedlest, most laxurlonily appoloted and punctual steamers on the line. Departure from Hongkong at 10-P,M. (Saturdays bxcepted)., -Departure from Canton at 5:75–8. (Sundays arcopiad),
These superb steamers carrying the French Mall are Etted throughout with Electric Light and Fans and were specially built for this trade. Excellent calelae.
The Company's Own Wharf naar Wing Lok Street and Its berth in Danton opposite
Shamsan.
Sara
r
For further particulars, pienso apply to the COMPANY'S OFFICE at Shamsan, Canton,
or to their Agants BARRETTO & CO., Hongkong.
Hongkong, 9th October, 1908.
W
EYES
RIGHT!
N. LAZARUS, OPHTHALMIC OPTICIAN,
ĐỘ CORNER OF D'AGUILAR STREET AND QUEEN'S ROAD.
ȚILE test your syss free of charge, and If they are wrong will put them right, Lenses Ground. All kinds of Repairs, Spectactee for all requirements. „13 (767" Mali, de welis, fór Illustrated Booklet or "Dafactivel
1, John Street, Bedford Row, W.G
[14
BALGUSTA, 19, Beatback Street
SHANGWAN,
556, Nzüking Road,,
No. 1 DOCK.
Docking Length 515 ft. Width of Entrance... 80
Water on Blocks
No. 2 DOCK.
Docking Length.....376 ft.
28
11
Width of Entrance...50 Water on Blocks
16 11
NO. 3 DOCK. (IN COURSE OP CONSTRUCTION) Docking Length......48x ft. Width of Entrance... 63 Water on Blocks...... 21,5,
THESE DOOKS are convtalantis alicated in Yokohama barbour and the attention of Captains and Hugineurs is respectfully called to the advantages offered for Docking and repairing Vessels and Machinery of every description.
The last and tools are of recent patterns for dealing quickly and cheaply with work and a larke stock of material is always at hund, (plates and 'angles all being tested by Lloyds' surveys), ..
Two powerful Twin "Screw Towboats are available for taking Versois'in or out of Dock, and for taking Sailing Vossain in or out of the bay. The font og desks is jcapable of lifting 40 tons.
THE LANGKAT LAWSUITS,
In deciding this question his Lordship to day said: The defendant by paragraph 6 of his Statement of Defence objects that the State Įment of Claim is bad in law and discloses no
ground of action becausa.im
(a) False and fraudulent statements to per sons other than plaintiffs or his agent calculat. ed to decivo, deceiving the public, and giving riso to falso rumours, give no right of action to. the plaintiff.:
4
false rumour be had circolated that peace wan concluded was entitled to maintain an action
MR. TACKEY OBTAINS PERMISSION TO SUE, guisa de Boninger for the increase of price. Would not such consequences be too remote to form ground for an action?" Now the question The Shanghat Times 31.13th fast, sayı 5——
le be decided in the present case is simply this In H.B.M.'s Supreme Court yesterday, Mr. suppose that with the intention of getting the F. 5. A. Bourne, Acting Judge, rendered judg. limited number of holders of Langkat shares in mant regarding the application made by Mr. Shanghai to sell below the trun value, the de- M. M. Tackey for leave, to sue Mr. R.&. F. fendant had made a false statement to, one of MacBain in connection with recent develop the small number of brokers in Shanghai that ments in the Langkat Company, Mr. R. N. he might repeat it to another broker or holder Mcleod appeared for the defendant and Mr. who might repeat it to holders" including.
the plaintiff, who in reliance thereon sold his B. Oppe for plaintiff
shares, would the consequence be too remote to form a ground of action? I think on the authority of the following sentence of Lord' Caires' judgment p. 413 Peek. Gurney that the consequence would not be too témata.” “But to bring it within the principle, the injury, 17: apprehend, must be immediate and not remale consequence of the representation thus made, To render a man responsible for the conse. quence of a false representation made by him" to another upon which a third person acts and acting is injured or damnified, it must appear that such false representation was made with the direct intent that it should be acted upon by such third parson in the manner that occasions the injury or loss,”? In de Borringer's case the. stage, the play and the actors-the London Stock Exchange and the British Funds being concerned-dwari Shanghai' and its properties, It may well be that the determination to par chase of some men among such masses in de Berringer's case did not immediately and necessarily flow from the false news in regard to peace with France, although the false news may still have been an element affecting their state of mind. In such cases the con- sequence of injury and damage would be 100 remote. Here in Shanghai, with a few tens of brokers frequently meeting and exchanging news, and a few hundreds of holders, of or dealers-in, Langkat shares the false statements might on the other hand be shown to havO been directly aimed at the small clars to which plaintiff belongs and, to have directly induced the sale. It is a question of degree of causa tion and cousequence; and to daċide that ques. tion is as Lord Blackuro said something like having to draw a line between night and day--
(b) There was no duty of the defendant to the plaintiff to give him the news withheld, or 10 abstain from communicating or allowing to be communicated to, or obtained by, others, the said urws; and
(c) The damages are not the natural and probable consequences of the acts and omia sion alleged.
Steam Launches of Beel or Wood, Lighters, Steel Buildings and Roofs, Bridge Work, and all kinds of Machinery are made on the premiser,
Teranie wil be made up when required and the workmanship and material will be Court in England, see rule 345, that is, we
gwarantai
Our Rules make no provision for the trial of points of law before the facts go to a jury: we must therefore, adopt the practice of the High
must follow Order 25 of the Rules of the Supreme Court in England, which deals with
tiff's Statement of Claim, admitting all his facts to be true, shows in law, nó cause of action, it
The cusi al Docking, and repait work, will be found to compare favourably with that Proceedings in lieu of Demurrer, if the plain- of antipot in the world.
暑
A large mooring basin is available alongside our own works for moorin vessels whilst will clearly save time and expense to the under repairs,
Telephone: Nos. 370, 108, or 881.
Telegrams, Dock, Yokohama," Codrá A. B. C. 4th and 5th Fdt..
Linbers, Scotts,
Yokabunia. April 28th, 1973-
For Sale.
FOR SALE.
Apply to
A. 1, and Watkins.
[46
For Sale.
FOR SALE.
SAFES, with
a
RICKSHAW with BICYCLE, RUBBER DEST FIRE PROOF ATYRED WHEELS in Good Condillan. SHIFT KEYS, Manufactured by The GODREY and BOYCE MANUFACTURING CO. of Bombay. One Suis feet by 3 feet 24 in. by feet 6 la. a Safes each a feet 1 in. by a feet 7 in [497 by z fest,"
Also a few Large PADLOCKS for Godowns
S. D. SETNA, No. 6, Des Voeux Road, Hongkong, 21st June, igog.;
To Let.
TO LET.
Ke Harbour from abost October, at
ING'S BUILDINGS, OFFICES facing
fatheson & Co., Ld. ** present-in-occupation-of-Messra, Jardine,
Apply
THE HONGKONG LAND INVEST. MENT & AGENCY CÒ., LD. Hongkong, 3rd June, 1909.
TO LET.
[463
OS, 51, 53, &,55, WONG-NEI-OHUNG
NROAD
Apply to-
HONGKONG & KOWLOON LAND
'& LOAN CO., LTD, No. 8, Queen's Road. West, Hongkong, th March, 1999.
TO LET.
(248
I
of the same Make.
Also pe OLIVER TYPEWRITER in good condition.
Apply to-
PHIROZSHA D. PETIT & Co., 6. Des Voeux Road, “Hongkong, 5th July"100%"
FOR SALE.
"ADLER"
TYPEWRITERS
THE PERFECT VISIBLE.
The latest 1909 Model No. 7 with the latest improvement, the NOFFICES at No. 2 PADDER STREET. lightest touch, the strongest and the
best ever produced.
& MORRISON HILL, also
Apply to-
Mesirs, JARDINE, MATHESON
& Co., LTD.
Hongkong, 29th May, 1909.
· 1408
TO LET.
parties if the action be at once dismissed: an order was accordingly made under Order 25 r. 2 that the points of law raised by the State meat of Delence should be tried immediately.
For the purpose of this argument 1, have to assume that all the allegations of the Statement of Claim aro true. (4) is concerned with para- graphs.4, 79, 10, ir and 19; the facts alleged in those paragraphs may be put in the abstract
seem to me possible in the present case that the plaintiff might prove facts under these para- graphs of his Statement of Claim that would how the damage to have been the natural and reasonable result of the defendant's acts and that might entitle him to judgment and I think, therefore, that the case is m gards (a) ought not to be withheld from a jury. The defendant accordingly fails in that. part of his application.
6 and 13 of the Statement of Claim. Now there in regard to (b)--this deals with paragraph being no contract between the plaintiff and de
fendant, and defondant, as a Director of the Compasy, not being an employée, okgöra trussen for the pisinili as an Indurkiral,
As follows: the defendant, the Managing Directhere is a great deal of twilight. Still it does. tor, receives very favourable news regarding the property of his Company, which he makes known to the shareholders nine days later in the interval ha bad stated orally to certain per sons, members of the Shanghai Stock Ex- change and others (other than the plaintiff or his agent) that no news affecting the value of the Company's property bad, been received by him or by the Company; such statements were to the Managing Director's knowledge false and fraudulent, and were calculated to deceive, and did deceive, the public (meaning thereby the dealers in and bolders of shares in the Company including the plaintiff); the Managing Director further represented orally, to the said persons and on the said occasions that the ries in the price of the shares was not due to the receipt of any nows but was due to some other cause, well knowing that such representation was false; during the said period the Manag. ing Director corruptly and improperly.com. municated the said news to, or allowed the said news to be 'communicated to, or obtained by, certain persons other than the plaintiff and the general body of shareholders, with the result that such persons'did buy shares in the markes at higher prices than had before ruled, and that other persons including the plaintiff's agent induced by repetition by third parties of the said false statement to sell at prices less-than- the true value in belief that there was no good. cause for the said rise in the market value of
: the shares to the damage of the plaintiff.
Assuming all that to be true, has the defend. ant infringed any legal right of the plaintiff? There being no contract, between the parties, 1 can see no cause of action unless some anteced- ent legal right which the plaintiff bas against all baby nud
men has been infringed by the defendant; and
the only such right here is that plaintiff should not baintentionally deceived by the defendant to his damage. What then must a plaistiff prove to
(Percival . Wright L. R. (1961) 3-4 p. 421) defendant was under no be careful towards the plaintiff, Apart fromí frand, therefore, negligence, or concedient afford him so cause of action 1 cf. Derry. v. Pook 14 A.Chp 137; although of course negligence, or disclosure to others and con- cealment from the plaintiff, might be evidenon of fraud under (5), Paragraphs 6 and 13 of Statement of Claim as giving a separate canse of action ought therefore to be struck out.
have dealt with (c)—remoteness of damage, -ander the heading (a),
Costs are reserved,
We understand that the cass will according ly go to trial, after the vacation, on the main issue, which involves, it will be remembered, the allegation of deceit
Intimations.
JUST LANDED:
We sell our Adler under our succeed in this action of deceit?-(1) that the The well-known and famous brandy guaranteed terms.
statement was antros'; (2) that it was known to be untrue by the defendant; (3) that it was made with intent that the plaintiff should act
A few lines will bring the Adler upon it; and (4) that the plaintiff did act in re
OFFICES, No. 2, CONNAUGHT ROAD, to your office free trial.
No. 3 CLIFTON GARDENS, CONDUIT.
RO&D,
"}
A HOUSE lo WORG-XEI-CHONG ROAD.
A HOUSE in RIPON TERRACE, OFFICES in YORK BUILDING, GODOWNS IT PRAVA EART, BLUB BUILT INOS, and No. 168, Dgs Vœuv ROAD next to the Hoogkong Hotal. FLATS in MORETON TERRACH,
No. 1o, DES VIEUX ROAD GENTRAL.
1st Floor:
*&pply, to-
THE HINGKONG LAND INVEST MENT & AGENCY 00, LD: Hongkong..1st June, 2009
TO LET.
OFFICES and ROOMS on the 1st and 2nd
of No. 14. Des Voeux Road Central (formerly occupied by Messrs. Shewan, Tomes & Co.). Renis low. Apply.to-
THE COMPRADORE DEPARTMENT,
E, D. Sassoon & Co
Queen's Road Central. Hongkong. 14th February, 1000,
ODOWN
Apply 10--
TO LET.
0. SA, DUDDELL STREET.
(188
. THE HONGKONG LAND INVEST; *PMENT & AGENOY CO., LD,
Hangkong, int June, 100g,
liance upon it and thereby suffered damage.
the above paragraphs of the statement of claim:
Bisquit Dubouche
& Co."
Per Bot, .$2.50
Condition (1), (2) and (4) are clearly covered by XXX Very Old Fine
We sell various makes of second-whether (3) is covered depends on the meaning V.O.C.B. Guaranted 20-Years hand Typewriters
AND
Bent out by day or week.
REPAIR IS OUR SPECIALITY.
DRAGON CYCLE
DEPOT,
to be given to the word " calculated,” In orga- ment'it was taken to mean "intended." If the false statements were made with the intention that the plaintiff should be deceived and should act upon them, condition (3) is șațiified, pro- vided the chain of consequence between the false statement" and 'the shares was not in law too remote. If the false statement wera made to one man with the direct intent that they should, through some other' men both being members of a limited class reach the plaintiff or the class to which he belongs-bolders of Langkat shares, and that they should act upon them, the consequence. would'in my opinion on the rule to be deduced from the cases quoted below not be too re mote, and the action would lle. cl Barry v
QUINQUINA 7.
ALSO
5:60
[QUINQUINA?
DUBONNET
FRENCH STORE, Solo Agent. Hongkong, 30th April, 1909.
D. NOMA,
PROFESSIONAL TATTOOER
AND
33-35, Des, Vaux Road, Central, Croskey 2 Jo. & H. 1, 23; Peck v. Gureny 6. THE EXPERT REMOVER OF TATTOO
Hongkong
LEE YEE HAIR DRESSING SALOON.
Has Always On Hand
1 App. pp. 413, 413 per Lord Cairns ; Scott*e, Dixon 19 L. J. Ex. 61 n. approved by Lord Chelmsford in Peek 6. Gumey; Swift Winter. botham L. R, B.Q. B. p. 253 and 9 Q. B. p. 301;. Richardson v. Silvester L. R." 9 Q. B. pas; last paragraph of Rigby's I«. J. Judgment in Andrews e. Mockford (1896). Q, B. p. 385od and Ker on Fraud and Mintako 3rd Ed. p. 402 The rula to be deduced from these seems to me to be clearly stated in the extract from
OIGARE. CIGARETTES Lord Cairns' judgment quoted below.
AND
TOILET REQUISITES FOR SALE. :
'11. D'Águilar ŠTREET, Номахона
Hongkong, ard September, 1907,
MARKS,
„No. 60, QUEEN'S ROAD, ÜENTRAL.
ATRONISED by Prince of Wales, then «H«R_H... The Duke of York, and "HiThe Emperor of Russia, and having thatsdonlals from all honrosas direct videvaars experience tattooing is a "Vistamos of good work and prompt execution. cenionis até absolutely East and perfectly harmless, age, produce a charming, ébject not sitalnød by any other, as their composition is Defendant's counsel strongly argad upon only known to nisi. In tattooing wallke some me the dictum "of Page Wood V.C., quoted | species of engravings, cama, must be taken to by Lord Cairos in giving judgment io | have the work done in a perfect, high toned Peek Gorey "Your argument would order to take special precaution show that every parent who in consequence last poselbis dangers, i una frank, material of de Berringer's frauds upon the Stock
Exchange was induced to purchase Stock|mianinak
at an advanced price la