12
THE OIL CASE,
Judgement for $388.
1
This morning in the Summary Court, Mr. Justice Kemp, Pulsue "Jadgu, gave judgment in the
cite the action in which W. E. Loey and Co., Chater Road, saed Nam Mow, 154. Connaught 1, olaiming the sum of $1,000 alleged to be damages for breach of conticat dated July 4, 1912, whareht the defendants agreed to sell 825 piants of wood, oil to be filled by the defendante into drums provided by the plaintiffs and shipped by the defendant f.ob, in Hongkong, within the "month of August and September, The date of delivery was subse quently extended to November 1. It was alleged that the defendent failed to give delivery.
THE HONGOMING "TELEGRAPH. WEDNESDAY @MAY 21, 1913.
way on the supposed admis Rion in the latter of the 11th October, which I think is not admissible for the purpose of showing that the defendants: condemoted to self was "pure wood oil. It was objected on behalf of the defence that the plaintiffs had not proved that the oil delivered was not merchantable as wood oil. On this point I have the conclusion that come to where a buyer who has agreed to buy a certain quantity of
POST OFFICE.
MAILS VIA SIBERIA.
Lan
London May 2 May 8
Jus Shanghai
May 17 May 19
MAILS DUE. English, Ceylon, 22nd inst, Biberian, Delta, 23rd inst.
The Delta is exposted to "arrive the London mails (via Siberia) here on F'day the 23rd inst with
of Wednesday the 20th ult. and Saturday the 3rd inst.
SHIPPING NEWS.
ARKIVED.
*WEATHER REPORT.
Carl Diede olson, Ger. 5.8., 774, On the 21st at noon.-The baro-
Bobmer. 20th May-Hai-meter has risen slightly to mode-
phong and Holhow 19th rately over the China coast, and May, Gen.-J. & Co. has fallen quickly at Wladivo-
Mail Steamers.
THE PENINSULAR
Choysang, Br. 2.8., 1,494, Court: stock and over central Japan. It AND ORIENTAL S. N. CO.
ney, 30th May-Swatow bas also fallen slightly in the 19th May, Gen.-.,, Philippines. & Co.
High pressure areas are shown
Bucephalus, Jap... 1,892, Sal-over N. China and to the east of
about the DATES named :---
For
*Steamers
Capt. E. P. Martin,
tok. 20th May-Saigon the Bonins. The depression in WILL despatch VESSELS to the Undermentioned FORTS on or 15th May, Rice-Order, the Sea of Japan has moved north- Namsang, Br. a...591, Gilroy, eastwards, and other areas of low 20th May-Kobe and pressure are indicted to the south Moji 18th May, Gen.-I. of the Malaco Sima Group and C. B. N. Co.
over Indo-China, Maru, Jap. 8.8., 899, Na. gano, Bat May-Swatow 0th May, Gen.-O.8, K. Maru, Jap. 8., 1,893, Ko
kezaws, stay-Port Arthur 11th May, Coal. -M. B. K.
Daijin
Tanion
Maru, Jap. 8.5, 2,001, M. Bowada, 21st May - Moft Karatau 15th May, Coal..
3. B. K. Unkai Maru, Jap. 88,275, Y.
The Orylon with the English given substance proves that mail ex Assaye left Singapore on he has been supplied with a Saturday the 17th inst, at 7 a.m. mixture of that substance and a and is expected to arrive here to
This packet substance the onus is on the tell- brings the parcel maile closed substantial quantity of a different moznow, at neɔr. er to show that the mixture comes in London for despatab by the all within the description of the sea route on the 18th April, fand Otaru goods which he contracted to fall for despatch overland on the 23rd
April. to the buyers. The defendants the present esse. Itis important have not discharged that onus in to remember in this connection that there is no question hereof de gree of refinement or elimination of natural impurities, it is a cars of the addition of a foreign sub- Mr. F. C. Jankin, instacled stance. The evidence as to the by Mr. Dennys, Juar, of Messrs.merchantability of the oil is alender. The defendants knew Dennys and Bowleg, appeared that the oil was for exportand the for the plaintiffs, and Mr. David-evidenca tends to show that in son, of Messrs. Hastings and Has tings, for the defence...
The full text of the judgment was as follows:-
4
WHA
I
one foreign market it would not have been merchantable. This, of course, is rather slight evidence as to its merchant- ability in foreign markets generally, though exhaustive evidence on such a point cannot be expected. As regards the plaintiffs'own deilings in the local market their witnesses negative the inclusion under the tarm
110
MAILS CLOSE,
Haiphong and Philippine Islands Per Bondagua, 22nd May, 8 a.m. Hoitow, Haipnong, Pakhoi and Saigon Per Hanoi, 22nd Macao-Per Sui Tai, 22nd May,
1.15 p.m.
9 a.m.
Samarang and Sourabaya-Per
Modorate easterly winds' will prevali over the northern portion of the China Sea.
Hongkong Rainfall for the 24 hours ending at 10 am to-day, 0.64 inches.
LONDON, via)
Usual Ports | DELTA of Call......} LONDON & ANT-] WERP v. Singa- pore.
Penang,
To Sail On Remarks
Noon Freight R.N.R. 24th May. & Page:
PALAWAN
O'mbo, Port Said,
Capt. R. E. Shone
about 28th May &P'sage
Freight
& Marseilles.......
about
Freight
1st June
& Feage
22nd May
Freight
1 E. and S.E winds,
Capt. J.T.Jeffery, R.N.R.) | ASSAYE SHANGHAI... Capt.G. W. Cockman, B.N.R.
6 p.m.
only
125th May
Freight
6 p.00.
& 2'sage
FORECAST FOR THE 24
HOURS ENDING AT NOON SHANGHAI, SUNDA
MOJI, KOBE Capt. C. E. Irving, R.N.R. AND YOKO-( CEYLON. ` HAMA............in,
TO-MORROW..
District.
Tanaka, at May Moji 1 Hongkong and Coal BK, Haiching, Br. s.a., 1,267, Pass-
Neighbourhood
more, 21st May-Foo- cbow, Amoy and Bwatow 20th May. Gon.-D. L. 2 Formosa Channel & Co. Ceylon Maru. Jap 8, 5068, T. 3 South coast of)
May- Noguchi, 20th
China between H.K. Calcutta and Singapore
and Lamooks Gen-N. Y. K.
Childar, 22nd May, Minnesota, Ara. 8.s.. 13,323, Gar-
p.m..
Shanghai and North China-Par Luchow. 22nd May, 3
Japan
Siberian
p.m.
via Kobe-Per Kumsang
22nd May, 5 p.m. Shanghai. North China ard Japan via Moji (Europe via Biberia)-Per Ceylon, 22nd May, 5 p.m.
Per Haiching, 23rd May. 10 s.m.
Shanghai and North China-Per Choyang, 23rd May, 11
a.m.
Macao-Per Sui Tai, 23rd May.
English
Mall..
1.15 p.m.
lick, 21st May-Seattle 15th April, and Manila 19th May, Gon.-N. Y. Co.
CLEARANCES AT THE HARBOUR OFFICE. May 20,
Choysang, for Canton. Chibli,. for Post Courbet. Motor lighter Cho'on, for Saigon, Tjipanas, for Shanghai. Manchuria, for San Francisco. Paul Lecat, for Yokohama,
May 21. Kaljo Maru, for Foochow Paklat. for Bangkok. Lyeemoon, for Saigon, Halmun, for Swatow. Laertes, for Saigon. Hanoi, for Haiphong. Mishima-maru, for Yokohama. Clara Jebsen, for Mauritius. Too Bui, for Binh Thuy, Ellen Rickmers, for Vladivostock DEPARTED. May 21. Szechuan, for Canton. Aldenbam, for Koba, Manchuria, for Ban Francisco. Kamakura-marú, for Kobe.' Tango-maru, for Antwerp. Empress of Russia, for Victoria. Danfs, for Liverpool) nor Wishima-maru, for Kobe,
Straits, Burmah, Caylon, Adelaide, Western Aus- tralia, India, Aden, Egypt, and Europe vis Brindisi. (Late Letters 11 a.m. to noon, Extra Postage 10 cents.) (Sup- plementary mallon board up to the time fired for departure of the mail (Extra Postage 10 cents) (Letters posted in all the Pillar Boxes in time for the first clearance will be included in this con-Kaijo-maru, for Foochow. tract mail.) The Parcel Haimun, for Bwatow, Mail will be closed on Choysang, for Canton, Friday, the 23rd May, at 5 p.m. Per Delta, 24th May, 11 a.m.
This was a case of a written contract for the sale and purchase | of "wond ail." The plaintiffa, asserting that the oil supplied by the defendants wen adultarated, rojected the oil and brought this action for damages for non-le- wood oil ” of the oil supplied by livary of the oil contracted for, le defendants. The defendants The plaintiffs had and the nil to callo evidence to show that all
ia New York, the oil supplied to the plaintiffs Swatow, Amoy and Foochow firm but though the defendants has been sold to Chinese dealers know that the oil in- as wood oil. This fact, however, tended for export they were not deas not help them, say more informed of this particular than a similar re-sals helped the contract at any material time. | defendants in the case of Wieler Expert evidence was called for v. Schilizzi, brenuse the defect, the plaintiff to show that the oil to ell it such for want of a better was adulterated to the extent of name, was latent, being admitted- about 10 per cent., though neither ly undiscoverable by the defend- of the two experts would swear ants' empiric tests. The cis that that estimate was accurate would have been quite different to within 1 per cent, or 2 per if they could have been quite dif- cent, and both admitted that the forent if they could have shown variation might be a little more that the Chinese buyera know that thom that. Mr. Frank Browne, they were buying a mixture. With one of the two experts, gave it as regard to the measure of dama- his opinion that the foreign sub-ges, I find that there was stance was another vegetable oil, market. I therefore hold that the Now it is quite clear that Mr. prics on the sub-sale is admissible Browne does not even contemplate as evidenos of the amount of
There has been no: the possibility of the foreign damage. matter being a natural impurity suggestion that that price was at arising in the course of manufac-all an enhanced one, and I thera ture. His evidence implies that fore-accept it and estimate the it was added. Mr. Spurge's damages under this bead, at evidence, though not so clear, is $838.31. to the same effect. This evidenes is not rebulled in ady way. It is also obsings that none of wit nesee on either side, knows any thing of any "wood oil" which contains au admixture of some other vegetable oil. In view of the above facts it is impossible to avoid the conclusion that the goods supplied did not answer the des- What cription of "wood ail." was delivered was a mixture con- sisiting of about 7 per cent. to 10 "per cent, of some other veg-table oil added to 93 per cent, or to 90 per cent. of wood mil. The deli- very was not of a low quality of wood oil but of a mixture of wood oil and of someting which
wood was not
oil at all. The case therefore comes withi both section 15 and section 32 of Sale of Goods Ordinance, 1896, and the plaintiffs were entitled to reject the goods, I do not base my judgment in BDY
His Lordship gave judgment for the amount claimed in the first particular, $838.31, the plaintiffs waiving the damages claimed in He certi- the second particular, fied for two Counsel, and refured Mr Davidson's application for stay of execution,
SILIMPOPON COAL. BUNKERS
can be supplied at cheap rates
at
SANDAKAN & SEBATTIK
(British North Borneo).
at three ports. Steamers' calling for bunker' coal exclusively are exempt from all shipping dues and charges.
A BUNE,
Agent-
The Sovereign Drink of Health.
Its purity, its delicate. rich and delicious flavour and its delightful aroma have attracted the atten- tion of those who like our IOTUS BRAND
MOKHA COFFEE.
OBTAINABLE EVERYWHERE.
Ꮋ .
AN IDEAL COFFEE.
RUTTONIEE & SON,
PROVISION. MERCHANT
WING
Philippine Telande-Per Loong-
sang 24th May, 1 pm.
Macao-Per Sui Tai, 24th May.
Siberian
Mall, ·
1.15 p.m.
4 South coast of) China between H.K.
and Hainan...
Forecast.
light to -moderate;
cloudy,
some rain
All the above steamers are fitted with Wireless Telegraphy.
For Freight, or Passage apply to
N.E. winda,
fresh.
P.&O.S. N. Co.'s office,
Hongkong. 21st May, 1913,
The same
Bs No. 1.
·
The same
as No. 1.
China Coast Meteorological
Station.
Register.
21st May, a.m
.. Wind.
Hour.
Barometer.
Temperature
Humidity.
I'tion.
Force.
0
Weather.
Wostock 7a29.6336 70`ane 1 o
68 29.93—— 080 1 Nemuro Hakodate Tokio Kochi
1
.1+
29.69---
29.73-*-*-*-*-*-*
Th
29.86 11
Nagasaki
29.91-.-end, 0
19
K'shima 29.90
+2
Oshima Naha
29.89-
11
29.87
Lahi'jima
11
29.82
Bonin Is. .30.02 Chefoo
w
nue 3
- пе -sew 1
Whaiwei 29.9953 86 w 3b Hankow Iohang Kiukiang
*
H
E. A. Howett,
Superintendent.
NORDDEUTSCHER
LLOYD.
BREMEN.
IMPERIAL GERMAN MAIL LINES
For
| NAPLES, GENOA, AL-)
Steamers.
To sail on..
28th May,
10 am.
GIERS, GIBRALTAR, Į PRINZ LUDWIG `. SOUTHAMPTON Capt. T. v. Binzer 18,300 A'WERP & H'BURG:) SHANGHAI, TSING- TAU, KOBE AND YOKOHAMA
KOBE & YOKOHAMA
| KUDAT & SANDAKAN
www
Changsha
"
Shanghai, 29.97 56 — wsw 1c Gutzlaff 29.9061-8 1em Sharp P. 7830,0065
0 or Amoy 629.9467 95 ene 2 o Swatow ..& 29,87 69 90 ne 1 or Tathoku Taichu Tainan
Koshun,
PASSENGERS ARRIVED. Per 89 Minnesota, arrived inst, from Seattle, &c. :- Akho, L.. Lilliard, R: B. Atkins, F,
Lai Y. L. Brown, Mr. and Lee, MIS
Mrs. A.
Liong, L Brown, Miss L. Mercant. Brown, J. M. McWilliams; CO. St. J. Breaker, F. N.
5a29.88-
en 29.87-
@
nw 2-
11
29.89
•
1 2
nw ---
20
" 29.86 29.85
9 a 29,9274 76, n
6a 29.85 75 89 @ 10
29.84-
ફ્′′
29.8273-any Lo
a 29,93 76 69 e 2 be
SCHARNHORST Capt. H. Rehm * 16,000
PRINZ WALDEMAR Capt. H. 'Bremer
BORNEO J.Capt. F. Sembill
*Calling at Manila.
about W'NESDAY,
28th May:
about
TUESDAY, 27th May.
..
End of May.
All the steamers of the European Line are fitted with Wireless
Telegraphy New Bystom of Telefunken,
For further Particulare, apply to
NORDDEUTSCHER
MELCHERS & CO...
LLOYD,
GENERAL AGENTS, HONGKONG and CHINA
Hongkong, 16th May, 1913.
MESSAGERIES MARITIMES
P'dores
Centon
H'kong
1st
Gap Rock
Macao Wuchow
Pathol H
Hoihow
Phulien Tourane
6a 29.8675
ese 3 c
Shanghai
and
North
19
29.8479
0
29.89 81
00
11
China (Europe via Sr beria)-Par Linea, 24th May, 5 p.m.
P
Eaton, Mr. and Macka, G. "B.
Mrs. H. H.
Aparri
29.86 79
sw 2 b
Manila
29.8772
Ford J. E.
Legaspi
29.8782
Fuller. Mrs H. D. Robinson, Mr & Ford, Il. J. Houcne, L Hespit, E. H. Housee. Miss H,
E
Iloilo
9a29.91 85
nne 1 c nne 1 b sw 1 b
Mrs R.T.
Bacolod
Cebu
29.8985
nw 20 .20
Labuan.
29.8086
OUTWARD.
Steamers
Swatow, Weihaiwel, Chefoo and T: sin-Per Huichow, 24th May, 5 p.m. Manzanillo and Guaymas (Mox
ico)-Per Narrung, 124th
May, 5 p.m. Shanghai and North China-Per Tingsang, 24th - May, '5 pm.
8.m.
Sick, W. W. Sam Mr. & Mrs
E... Sheaff, H. II. Johnson, P....
Tang. Mrs. Koom, M. and Wo. Dr C G Mrs L. # Wilson. F. T.
Ying. W.
+
T. F. Claxton, Director,
FRENCH MAIL STEAMERS.
REGULAR FORTNIGHTLY SERVICE BETWEEN EUROPE AND JAPAN.
HOMEWARD."
Will leave for
Marseilles
Steamers. Magellan.
9850 T. Smdune, Paul Lecat, 16820 T:1714 do
NEXT SAILINGS:—
Will leave for Japan on Hongkong, Observatory, May, 21. Armand Behic, 10480 T. Ist June
Atlantique, 10728 T. 35th do 1 Barometer, reduced to 32 Ernest Simons, 9085 T. 29th do degrees Fahrenheit on the level
9830 T. 18th July Amazone, of the sea in inches, tenths and
10320 T. 97th do hundredths.
Australien,
2 Temperature, in the shade, in degrees Fahrenheit..
די
3 Humidity, in percentage of saturation, the Humidity of air saturated with moisture being 100. .. 4 Direction of Wind." to two, pointa,
Swatow-Per Baimun, 25th May
9 a.m.
„PASSENGERS DEPARTED.
-Per as Tango Maru, sailed on Swatow, Amoy and Formosa via
Tamaki Per Daljin-1st inst, for London, &c maru, 25th May, 9 am, Allden Mr & Logan, Mrs W. Philippine Islands, Japan via Na- Mr. J. H. Leung Kut-wan
gasaki and Sentile-Per Alldan sen Leung Chung Minnesota, 26th May, 11 Albert, Mr and Metcalf, 8
Murakami, I. Marshall. F. Millian, Mi Martin, M13.
6 State of Weather, h blue sky. Owen, Lit Colo detached cloud, d drizzling rain ̈& Mrs. JL. If fog. g gloomy, ħ bail. 1.light Russel; Mriandning,, o overcast. p. passing showers, q squally, r rain, a snow. t, thunder, v visibility, w dow wet). 0 Rain in inches, tenths and hundredths.
E
'11 am.
Philippine Islands, Timor, Ars- Aral Mra Y.
tralia, Tasmania & Now Chatean, s Zealand via Port Darwin Chn, C, E,
Per Empire, 26th May, hamaretee
Conslit. Coasitt Don Chan Chorg Davey, A. E... David on. F. H. Donkin. Mrs. Donkings Endo. Mr & As,
Swatow, Amoy and Poochow
Per Haitan, 27th May. 10 a.m. Straite India via Bombay--Per
Capri, 27th May, noon, Philippine Island-Fer Rubi, 27th
May, 3 p.m.
Birate. The Russel, Miss Schulte, Mrs. Sun Lotni Sun Kai-wan Shimizu) Bra Bato. G. Graham. Miss M. Sato, R Houg Ha-chan Taniguchi, F.
Philippine Islands-Per Taming, Fut Lim, 0.
German
Mali.
27th May, 3 pm.
Straits, Burmah, Ceylon, Hagaam, Mrs. Uyaeo.. Adelaide, Western Aus- Hastinge. G. Watanabe, K.
tralia,
Indía, Aden,
Egypt, and Europa vía Naples Per Prinz Lud- wig, 28th May, 9 a.m..........
Formosa via Keelung, Shanghai North China, Japan via Nagasaki Victoria, and Mo Tacoma Per Canada To maru, 28th May, noen wes Haiphong - Per Kaifong 28th o
May, 8 am Bwatow, Amoy and Foochow
Per Haiyang, 30th May, 10 am,
Philippine Islands-Per Yuen-
sang, 31st May, 1 pm,
TIDE TABLE.
19th May to 25th May, 1913.
5 Force of Wind, according, to Beaufort Scale."
METEOROLOGICAL,
Previous
Day On-Date On Date,
Armand Benic, 10480 T. Ist July Atlantique, 10728-T. 15th do Ernest Simions, 9084 T. Kinh đô
For Freight and Passage apply to
P. THOMAS, Agent.,
Queen's Buildings, No. 3.
THE EASTERN
"
& AUSTRALIAN
STEAMSHIP CO., LIMITED Mail Service to Australia
via Manila.
MAIL SCHEDULE ¡SUBJECT TO MUDIFICATION).
Steamers.
Humidity 73 95
Barometer -29.82 29:82 Temperature 83
29.82
EMPIRE
79
81
ALDENHAM
85
ST. ALBANS
Low Week
Direction
Windsw -WBW
EASTERN
SW
Bong kosz
A
1
D
6.8
#3.1
* Rain
ย
op -1.26
404.3
17
7:0
2.5
3 30 06
34 80.5
Force Weather
243.0t opse ali Temperature on the soil
Lowest
HK. Observatory, 20th May, 1913.
T. F. Claxton, Director,
Oysters, Fresh, Fred or Stowed. Finden · Haddocks, Kippers de. ALEXANDRA CAFE.
Arrive Hongkong from Australia,
30th May. 27th June.
Leave Hongkong for Australia,
26th May, noob. 8th June, 11: 21st June, 12 19th July,
The above Steamers are fitted with Refrigerating Machinery, ouv suring a Plentiful supply of Ice, French Provisions, eto,, and are lighted throughout with Electricity: All State-Rooms have Mechlo Fans. A duly qualified Doctor and Støwärdens are carrieds" "20"
For further particulars, apply to LPN WA
Gibb, Livingston & Co.
Agents
Printed and Pablished by the Proprietor, Dr. J. W. Möb Ice Hongs Street, in the City of Victoria, "Hongkong -