Collateral Contract Proved,
THE VERANDAH CASE. breach is admitted. The only question is the omount of the dainages. The damages are of PLAINTIFFS WIN THE DAY course purely gonoral damigos, and a lump sum of $1,000 is claimed. Looking at the matter broadly, as a jury would do, I think that perhaps an allowance for twenty This morning, at the Supreme of $40 month Court, Mr. Justice Gomporta de-leas the two monthis occupied in months, being the demised term, livered the following judgment negotiation with the govorimont, in tlio verandah caso:-
would be fair compensation..
This is a claim for damages for breach of contract to orect a verandah on certain premises for which the plaintifla aró tenants to the defendant,
.
I therefore nward the plaintiffs $800 and the costs of the action and I certify for counsel.
Mt. Potter accordingly moved, for judgment and costs and an
order was made.
The plaintiffs rely, first of all. Mr. Alabaster I don't know upon the agreement for the louse whether your Lordship in assess which is in writing, but in my ng damiges would put in an alternative that a less sum should opinion, they cannot found this be paid in the event of our putting contract on the written agreement up a verandah now. If we put up which purports to lonso io tela verandah now the $40 a month plaintiffs merely all that portion would be paid up to the time the of the ground floor of the block verandah was put up. buildings which is coloured pink on the plan aunexod., aren coloured pink, and I think The verandah is outside the
agreonion!,
An
Mr. Poltor:--We cannot con-
sent to that.
Mr. Alabaster: Your Lordship stances in know-your Lordship has seen sufficient of the circum
fork,
THE HONGKONG TELEGRAPH, FRIDAY, MAY 31, 1912.
COMPANY MEETING.
Messrs Watkins' Limited,
agement, and, although this meeting is not called for that purpose, if the gentlemen present indicate that those are called to pass the necessary their wishes, a meeting can bo resolution. I will now, gentlemen,
propose
did so he would have to assumo that if Ying Pik oli was appoint- od, sverything the creditora desir- ed would be given to them. Was ho to assume that all would go well in futuro or should he rather
The thirteenth ordinary annual any ho would rather have a commeting of the shareholders in pulsory order and then the credi
Watkins Limited was held this tors could inve Ying Pik-chi if morning at the office of the which this meeting has been the resolution to pass they chose ?
company, Mr. G. A. Watkins called. I beg to propose that the presiling. Those present were company he wound up voluntarily, Maisara, G. Harper, Wong Loung and that Ernest Alfred Mountford hi, Ng Hon Taz, Chow Hon-wa, Williams, Incorporated Accoun im A Fook, G. P. Curry and tank of Victoris, in the Colony of The notice convening the appointed liquidator for such Hongkong, be and is horoby meeting having been read, the chairman said :—.
winding up.
Mr.G.PCurry eocondol and the Gentlemen, the report and norosolution was carried unanim for some days I will, with your comts having been in your hands
ously. permission, follow the usual course the business gentlemen: thank the past, then the court should take them as read. I propose you for your attendance, Sorry I also to take an read the auditora have not the pleasure of telling
be ready on Monday. you that dividend warrants will
His Lordship: It will very much increase they cost
Mr. Potter:-Not vory much, my lord, and thatis an item which so far in the case has not boot taken into consideration. All that has been taken into consider ntion is the question; Ought we to protect the creditore or ought that the affairs of the Company wo not? If the creditors can show have been grossly mismanaged in
not hesitate to make an order..
ono million dollars-
Hendler Harris.
pet.
་
company, continued Mr. Potter, mula rogrot that the results bo-
The nominal capital of the,
Tour general manager very wAH five thousand shares of $200 each. foro you are not of a more favour Four hundrod thin dothirable charactor. The bevore de was outstanding in the shape of prosion from which trado_of very desoription in the Far East has been suffering for some time, was still in evidence during the past year.
Before proposing the adoption
called capital and there were four hundred shareholders who
debts of the company were $120,- were liable to be called upon for ong hundred dollars each. The
leuion
The Chairman:-That is all
DON'T FORGET,
To-day.
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12.15 p.m. Twenty-seventhi
Saturday, June 1.
Watson and Co.
Monday, June 3. King's Birthday, General Holi- Parade. of Troops on Cricket Ground:
To-day's Advertisements
NOTICE.
BUTTER.
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We are pleased to announce still
FURTHER REDUCTIONS
From 1st June, the following prices will rule:-
"DAISY "
"DAIRYMAID."
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BRAND 80 cents per lb.
70
"
E
68
65
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Supply the highest quality Wines, Spirits, Cigars and Cigarettes obtainale, consistent with price. All Wines and Spirits bottled in Europe by Shippers of world wide reputation.
Hongkong, 15th January, 1912.
NOTICE.
it, quite clear that the written has seen the plan. It may bal000, so that the assets wore more of the raport and acconsts for Annual general meeting, A. S.. agreement, taken alone, confors worth our white to put up thehen three time the liabilities if 1911 I shall be pleased to answer no interest outside the area speci-would get the benefit of it.
verandab, and in that case they he fiod. The walls, it ja true, are
company's capital were any questions to the best of my Mr. Potterthink you can properly called in. Therefore it ability. not colouter pink, but they are lonve it to the good senso of my half of the assots were got in chairman moved the adoption of day.
was obvious that if ouls Thore being no questions, the necessary appurtenances of the clients. My friend's suggestion and the company wound up, the report and the accounts. demisol building. The yorandahs to this: that if a contract is clearly something outsido, andt, the contract, you need not pay all be paid in full and a huge
is broken, and if you then carry fall on the creditors. They would were carried.
Ng Hon Tsz seconded and they not a penny of the expense would apart. In the alternative the so much damages think you
The chairman. That is all the plaintiffs rely on a collateral parol may leave it to the good sense and sum would be left over, so that business before the reeting gen- good advice of my clients' Hulisi suggestion of expense as closed and we resolve ourselves The meeting is now. If the contract alleged is for
answer to the application for a His Lordship you carry on
compulsory winding up
into an extraordinary general absolute- interest in land, then of ho letit wank he better forly went by the board. Uis lord-meeting. course the Statute of Frands aj-you to have the verauilalt instead hip had to boar in mind that Voluntary Liquidation. plies and tlio cintract must be having this sun in your
Chan A Fook read the follow NOT for the past nineteen months
[OTICE is hereby given that wa there had been gross in writing. But I think the ol
hove this day authorized Mr. norkel,
mising notice convening the extra WALLACE JOHN HANSEN to Mr. Potter: That is a matter management and therefore he ordinary general meeting: leged promise tom ko a vernielwe would have to take into cought to son that they should
sign the name of our firm per procura Notice is hereby given that an tion. is not a extract for an interest it | Siferation.
noi. run to risk of further extraordinary general meeting of ARTHUR NILSSON & DO. land; it is not a demise of " Me Alabaster:-I am
mismanagement. They had been of Watkins Limited will be hold Mongkong: 31st May, 1912 vorandah, but a ellaton in-plaintiffs will be well advised in kicking the whole time, but thent. the Company's Office, Watkins' dependent undertaking, which this case to adopt a sensible view.her creditors had kon no steps Building, No. 31, Queen's Rond might be expressed as follows -
Judgmont was entered" for the at all da eufosen their rights. Central, Hongkong, on the 31st Thors won only six creditors day of May, 1912, at 12.15 p.in.,
TELEGRAPH. me-ent at the meeting at which for the purpose of considering it was suggested thu Ying Pik-and, if thought fit, passing, as on
Contains all the. nowa of the ehi should be appointed liquida- Extraordinary Rosolution, the fol
lowing Resolution, that is to my wook in a most attractive form Hi-Lordship was of the opinion, That the compaqy be wound-and is the paper for mailing to that the petition should be dis-up voluntarily, and that Ernest friends at Home, with photograph Hongkong 22nd May. 1912. [888 missed. There was an over. Alfred Mountford Williams, In- whelming majority of creditors corporated Accountant of Victoria, of Dr. Sun Yat-sen at Govern- favour of the appoiutment of ba nil apposing the application and in in the Colony of Hongkong ment House,
is hereby appointed Ting Pik-chi as liquidator. liquidator for the purpose of such
winding-up.'
If you become tenant of those, plaintiffs,
HEAVY DEBTS.
sitre
Application to Wind up the Hip On Insurance Company.
promisos we will build you a veraudal you shull have the 1-0 of a verandah. The cases are:- Donnollan v. Real 3 B. and "Ad 899. Mann v. Nunn 30 L. T. 520, Angell v. Dubé 1., R. 10 Q. B. 174. Then on the facts, considering them as a jury would do, I am quite clear that Mr. Hazoland was the agent of the
An application was made this defendant, to show and explainrning in the Chief Justico's to intending tenants the plans on Court beforethe Chief Justice, Mr. which the verandah was thawn.W. Reos Davies, K. C., for the Mr. Hazoland told the plaintiffs compulsory winding up of the tant the verandah would ho erect-lip On Insurance Exchange ed if a permit could be obtained. Company Ltd., in liquidation,
tor..
MOTOR RACING.
مهست
Should the above.resolution bo
+
HONGKONG WEEKLY
it will be submitted for conferma Passengers' Lists
(410
CONTENTS.
Pages,
passed by the requisite majority
Day by Day.....................
......
Hotel Liats......
1- 4 5-6 6-7
general
Steamers ... Commercial ............ The Courts Telegrams
8- 0
10-13
A Chinese motor car driver was tion as a special resolution to a
14-23 ....24-33
THE DRAGON CYCLE DEPOT has found it necessary to remove from No. 13, Des Voeux Road Central ta more commodious quarters, and will for the future be located at No. 24, Dos Vooux Road Central, next to P. & D. Office.
We solicit your kind patronaga as you have extended to us in the past, and nesuring yout of the very best of atton- tion.
We beg to remain,
Yours Faithfully. DRAGON CYCLE DEPT.,
Phone No. 482.
ASAHI BEER SAPPORO LEER
10 BE OBTAINLY
WINE DEALERS Note our Price $12.00 per caen con- taining 4 dozen quarts or 6 dosen piate,
[70
--
IT COSTS A TRIFLE MORE THAN THE OTHER KIND, BUT YOU ARE BUYING.
THE MOST DELICIOUS NATURAL MINERAL WATER:
IN THE WORLD
ISUAN
THE CHINA COMMERCIAL COMPANY, 3, Duddell Stroot.
Tel. No. 1208. 887
Gentlemen, after careful con- Leading Articles... 34-39 PERFECTION WHISKY.
I am of the opinion that he did Mr. Eldon Potter, instructed charged at the Magistracy this second oxtraordinary this with the authority of the by Mr Davidson, of Messrs. Inst morning, before Mr. Irving,meeting which will be subsequent defendant who, himself, meant to ings and Hastings, apponreil für with. driving dangerously and ly convened. have the verandah and would the Yuo Wo Eat Firm, of 93 Des recklessly-on the 23rd instant. The Chairman said :— have put it up if the terms of the Vieux Road, and Mr. O. G. The evidence of the police was to permit had been acceptable,
Alabaster, Attorney General, the effect that at 3.45 am. on the sideration, one of your general Notes and Comments......40-42 A Sufficient Reason.
appeared to oppose on behalf of date in question the defondant's managers believes it would be in Sport
+4..... 43-47 the Manila Yuen Shang Exchange car, No. 18, and mother car, the best interests of the share. Canton and Coast Ports... 48-49 I believe that when the defend- and Trading Company Lid. He No. 5, were racing together in holders, in order to prevent furth- Directors and Their Lia ant told the plaintiffs that it was was instructed by Mr. H.J. Gedge Des Vaux Road. The defen-or shrinkage through trading not certain that there would be a of Mossra, Jolinson Stokes and dant's was the overtaking cue, losses in the capital of the coin-
bilities, Datips and "Powers...... verandal, they did not explain Master. The same counsel also and had the position nour the pany to sell the company's busi- Empire Day 51-53 nor did he enquire further the reappeared on behalf of seventoon harbour. No. 5 car served, and ness as a going concern. To do Hongkong Cattle..... 53 son of the uncertainty, for the very other creditors, instructed on their the other almost went over the this it is, of course necessary for Companies to be "Struck. suflicient reason that it was under-behalf by Mr. Otto: Kong Sing harbour wall. They kept up the the company to gointo liquidation. P. & O. Company.......53-54|
Of"...:
...53 Mr. Alabaster said there were race for a considerable length of Gentlemen, I do not agree with
*
50-51
......55
58 ·
.56
stood that the permit was not yet granted and that therefore the thirty one preditors in all, and, the praya and then turned into these views, which I may say Rev. V. M. O. Moyle on nutter was subject to a con- of these, seventeen originally filed Queen's Road. They went for are the views of the oo-general Church Management 54-55 tingency. Nor have I any doubt their names in opposition. This nearly a distance of almost half u manager. This meeting, however, Feast of Pentecost at St. that the plaintiffe relied on the debts of the firm amounted to milo in one minute and fiftoen has been called in order to place 'Joseph's plan and the explanation of it $50,366.53. The Hongkong and seconds. There was considerable the matter before yon; to deside Untended Graves given to them, and believed, as Manila Yuan Shing Exchange and traffic in Des Voeux Road, but on whether the business, shall con. Leave of Absence the defendant believed and in- Trading Company represented the other ronde there were tinue or be wound up, and for Canton's Financial Pro- tended them to believe, that's an admitted debt of $42,174,00 practically no pedestriane. The that purpose to pass or reject the verandah would certainly be put and there were five other credi- cars were full of passengers. up if a permit was granted,
resolution; to consider whiolit this This is a very sufficient reason totalled in all a little over a going at a very fast mie.
tors representing £7,513.25. That Defendant said they were not meeting has been called. I my why there was no express stipulae of dollars or $100,054 44 and
self think that with the revival lation to this effect in the written accounted for twenty-three out of exceeding the limit. You will be prosperous future for this com- Mr. Irving But you were of trade generally, there is a agreement. They were told that the thirty-one creditors. Thon fined $20. the defendant was doing his best to there was a firm who represented get a verandali and they thought $12,000. Of the remaining seven they were perfectly safe in noting ers one was of address unknown, on his representations and on the two had failed and were no lon- plan shown to them.
PICTURE FASHIONS.
IS ALWAYS PERFECTION IN ITSELF
AND
"Worth having"
having
THE
BEST "SCOTCH"
Perfection
WHISKY
blom... Interport Rifle Match......58 Government House........ 57. Changes at. Mesars. Kelly Mysterious Theft on the
.......57 & Walsh
pany. If you decide to unrry 8.8. Soshu Maru......67 it on, and not to wind it Alice Memorial Hospital...57 up, it might be that you would The Dog's Home......................57- like â Board of Director Bishop of Macao........... 57 or ger in business and had made no well be revived, and revived at
"There is much that might supervise and assist in the man- Correspondence I must deal shortly with a quee-claim, another was a firm in A onoo, if only we can tear ourselves
Consulting Committs to The Missing European...58-
1:58 tion raised at the close of the nam, and two others were said to plantiffs'osse-thematter ofinter-be in favour of the appointment last three years,
away from the silhouette of tho pretation. I hold that when in of Ying Pik-chi sa Liquidator.
writes Mrs. went to the office of the defen-and Bowley who did not appear for some time. Nor add to the the circumstances the plaintiffe That left only Mosers. Dennys Nepoan in "The Onlooker." dsat's architect, then the defan-to be making any olaim at all, dant in employing the architect's interpreter as his intermediary ion before His Lordship was frill) the charming bodice of mus Mr. Potter said that the quest taffetas, edged with a tiny pleated flohu (the quaintest thing in soft with the plaintiffs must be held whether Ying Pik-chi waelin, run through with narrow prime facie to have adopted that suitable person to be appoint black velvet ribbons, the more interpreter as the medium of ed liquidator. The position at than attractive frilly loaves, and communication between thement the himself.
present time WBA that the long plain petticoat we see in
a great Clearambe Sale of all kinds of Indian, Chinese and A PERPECT DRINK WITH TANSAN- thore изго
liquidators of the "Children of George III Japanese Bilk Goods &o, for one month only, commencing from
The ficha bas. been with as
B
K. A. J. CHOTIRMALL
& CO.
81LK STORE.
No. 04, Queen's, Road Central, Hongkong,
EG to inform ell Ladies and Gentlemen that they are holding
ing of the Holland China Trad- had not been carrying on the Omit, you will, the taffetas radnog prices in order to make room for fresh goods and would I think this was the correct rul- the Company who admittedly by Copley, at Buckingham Palace. 1-1 to 30th June, 1912, which they are disposing of as exceptionally Ing Company Tong Tai Grm, liquidation properly. The quer gown, with its full skirt and long, like to draw your kind attention to the fact, peitloosi|
2 H,K.L.R. 1,64. I have found tion was whether the voluntary pointed bodies that goes over the
the content proved and the liquidation should go on." II (s):
PROPRIETORS,
D&J.MCCALLUM. EDINBURGH,
PERFECT IN MELLOWNESS;** PERFECT IN BOUQUET,
PERFECT IN. PURITY
HANDAR
PRICE PER DOZ., DUTY, PAID
185
SOLE AGENTS:
$21.00
GANDE, PRICE
Wine Mercha „19, Queen's Road Central, Hongkon
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