of
SHEWAN TOMES & CO.
Partnsship Dioptih"Appeal an.Ditkolution Action.
THE HONGKONG TELEGRAPH, FRIDAY, FEBRUARY 13
partion. The only question in the case is what form, the sale should tako.
The Chief Justion:-There is no mention of goodwill further than in the suction clause upon which Mr. Alabaster, )
relies.
Mr. Jenkin :-There is no
POST OFFICE.
The Empress of Russia with the Cana dian and Americas Hails ox Siberis is scheduled to arrive hore on Tuesday the 17th ins
MAILS DUR.
specific mention.
The Chief Justice:It rather Canadian and American, E. of Russia, supports Mr. Alabaster's" conten-
(Continued from Papet) clause they are proceeding, or no class at all in the articles, they are dealing on the basis that the goodwill is to pass. I merely make that statement-I do not refer to the letters because they tion. seem to constantly refer to the time that it was going ou indo. Chambers.
The Chief Justice :-Do you put that as a legal bar to them being heard here?
Mr. Jenkin: Yes I do. I they were noting under an earlier alause-13, they were speaking of partnership business property and if dealing under the last clause-15 they were negotiating 1 regard the property and effects, and under whichever olause they were purporting to act they cannot appear in this Court and say whatever they were deal ing with does not include good, will.
..
The President I cannot for the life of me see why they cannot negotiate to come to an arrang- ment without anything prevent ing them in this Court from relying on the partnership deed when it comes to the question of stating the exact rights of the partiers.
"
Mr. Alabaster-All these cases
The Chief Justice :-I-under- stood that to be so auction clause.
Mr. Jenkin:That is a general submission on all the case. My argument is that the deed being what it in, being ambiguous, it makes it necessary for your Lord- hip to decide the question in the way which I sak your Lordship to decide, and that is the way which I say is materially bene. foial to the partners in the firm
Mr.Alabaster: Your Lordships, handed me a book. Davidson refers to artiale 21 on page 011 which is an auction clanse and I have been looking to see if he makes any reference to provisions for any other event. On page 613 they give alternatives in other events, Clause 8, page 614, is a retirement of senior partner. Goodwill is not mentioned. 1 states that he will get his share which is to be ascertained in such and such a way. Clause 9 is where Mr. Jerkin-I was going to a partner continues with no men- twist it into this form of submis.tion of goodwill. The clause 10 sion (Loud laughter); my Lords is an alternative clause in which know there are negotiations they they want to provide that the entailed, and I suppose they have senior partner who is retiring gets purported to negotiste ander the his share articles.
The President:-I don't know. Mr. Jenkin-Well I take it. that they have.
The President-Perhaps the articles have nothing to do with it.
17th inst
MAILS VIA SIBERIA. Laft Londen Jan. 24°
Due Shanghal Feb. 9.
MAILS CLOSE TO-DAY.
Shanghai, & North China, (Europa Tia Siberia) Par ASSAYE, 18th inst., 5p.m.
SHIPPING NEWS.
ARRIVED,
Albiana, Br. sa, 1,168. Wm Dumber, 19th int-Libingan-tao,6th instant Coal-D, & Co.
:
1914.
WEATHER REPORT.
On the 13th at 10.35.-The anilsyclone is now central over the Eastern Sea.
Pressure has increased slightly over Japan, Formosa and Luzon, and decreas
Tourant.
Mail Steamers
THE PENINSULAR
AND ORIENTAL S. N. CO.
ENGLISH MAIL.
Light or Variable winds, are indicated along the east coast of China, and moderate over the N. China Bos.
Hongkong Rainfall for the 24 hours WILL. despatch VESSELS to the Undermentioned PORTS on or
ending at 10 a.m. to-day, 0.00 inches.
Aguayo, Br. u. 4,359, P. Coldwell. 13thod alightly along the coast of China to
Inak-Bombay, 28th alt, General CA P. & Q.,8. N1Co- Benlomond. Br... 3,123, A Wahting, 11th Ina Bingapore, dib Inst., Gen. -0. 1. &00. China, Br, a.a. 4,160, C. H. 8. Tocqne, 13th Inashanghai. 70th Inst, Gon. ...P.&O. 8, N. Oo. Erroll Br. L. F Jamer. 19th inst.... Shanchal 9th inst. Gan-D. & do, Mam, Jan, za 1.382. [O. Kutani, 13th Ins-Penang, Gen.--A Buno. Marn, Jad. ar. 1.119, K. Tashim
19th inst....Swatow, 12th instant Gen-0.9. K. "
Hairo
(To make connection with the Dalny Joshu steamer leaving Shanghal on Wednesday the 38th Feb; at 5.50%.m.) .
SZECHUEN, 13th inst. 5 p.m.
Ningpo, Shangha! & North China-Fer Besng Chnon, Br, as 3,722, W. T. Larkins Tientsin-Per KUEICHOW, 15th Inst., B
D..
TO.MORROW.
J.
Bestow-Per JOHANNE, 14th ́iput, 8 Holbow, Tourane and Quinbon-Per shanghai, North China, Japan via Kobe
BELENE, 14th inst. 9 a.m.....
6.1.
18th fast-tralts, 7th inst., Gen.
Taming, Br. 1.356. Pannafathar, 18th inst
Manila 10th inst.. Gan-B &
1970 DEPARTED.
February 12.
Per G. APCAR, 14th Inst. 10 Zafiro for Hollo Straits-Far ERROLL, 14th inst, 10 am. Hield for Baigon
Hue for Halphang. Straits
Burnish, Ceylon, Ade Tillwong for Kobe lalde, Western Australla, India, Hazel Dollar for. San Francisco Aden, Egypt, and Europe via Kwangtah for Shanghal Brindial. (Late Letters 11 a.m. Chenan for Canton to noon, Extra Postage 10 Daikoku Maru for Dairen' gents) (Supplementary mail on Kutang for Calcutta board up to the time fized for Matsura Haru for Wakamatsu departure of the mall (Extra do Mar for Bombay
Cheongahing for Tientsiri Postage 10 cente) (Letters posted in all the Pillar Boxes time for the first clearance will be included in this contract mail.) The Parasi mall will be closed on Friday the 13th inst
p.m
-Per OHINA, 14th, inste, 11 am.
English
Mall.
CLEARANCES AT THE ́HARBOUR' OFFICE.
February 12.
in the goodwill. Philippino Tlands-Per. LOONGBANG, Chongen for K. C. Wan
They don't mention goodwill but that is the goodwill clause.
The Chief Justice :-Although it is not specifically mentioned it it is there?
Mr. Alabaster-If you want it specifically mentioned it must be referred to.
The Court thed rose.
Mr. Jonkin: Then perhaps your Lordships will hold that the articles, have nothing to do with There was no sitting of the it auf Lanrefore it will not hold Court to-day, owing to the death (laughter) They were negotiat-of-a-brother-of-the-Chief Justice ing under the shade, of the arti- olen.
The President:-The question te'not what they mean by good- will but how are, they bound by the words of the agreement.
Mr. Jonkin :--Their-contention now is that in any event the words" property and effects" do not include goodwill and that that was the intention when they entered into the agreement.
The President:Your conten
гр
INTERIM INJUNCTION.
Siberian
Mail.
14th inat, 1 p.m.
Shanghat and North China (Europe via Biberia)-Par CHENAN, 14th Inst., 5 p.m.
8watow, Shanghai & North China-Per
WUHU, 14th inat, 5 p.m. Niaspo, Shanghai and North China-Per
CHIHLI, 14th inst. 5 p.. Tientsin---Pez HUICHOW, 14th inst. 5
p.m.
SUNDAY, 15th Fab. water-For HAIMUN, 15th Feb. 8 a.. Swatow-Amey and Formosa-vin-Tama Par DAIGI MARU, 15th $8.1. Straits and Ceylon Per-BOHEMIA,
15th just, 9 a..
Alexandra-Cafe Partnership. Mr. H. E. Sharp, K.O., in the Supreme Court yesterday, made an application to the Chief Jus tice, Sir William Reos Davica, on bahalf of Choi Sui-woon, of 03 Amoy Wyndham Street, for an interim. injunction restraining Cheung
TEN, 16th Feb., 3 p.m.
Tengtien for Bhanghai
Konkon Maru No, 5 for Chinwantao' Njina Maru for Balzon. Shinyo Maru for San Francisco
February 13, Taiwan Maru for Shanghai Beshu Maru for Canton Haitan for Fooɑko" |
Helene for Tourane
Childar for Swatow Minnesota for Seattle China Ching for york
for Bombay Si Klang Shanghai Erroll for New Airaye for Shanghai
Ruelchow for Tientsin
Benlomoad for Johanne for Deli Szechuon for Ningpo Kalgen for Hongsy
Tokobama
PASSENGERS ARRIVED,
FORECAST FOR THE 24 HOURS ENDING AT NOON TO-MORROW.
District.
about the DATES named
"
Capt. 0. H. 8, Toaque
R.N.R.
For
Steamers LONDON, via Ue-) China ・・
ual Ports of Call Forecast.
LONDON & ANT-
WERP via Singa+ ] Nyanza
Ponang, Capt. K. Jenkins pors, O'mbo, Port Salð,
1 Hongkong and Neighbour- | E. winds,
>moderata | hood...
fair.
1 Forthoss Channel
3
NE
& winds,
| fresh.......
& Marseilles *
...
Assaye
The same SHANGHAI Capt. G. J. Coldwell
RN.R
South coast of China be- tween H.K., and Lamooks as No.1.
5 South coast of China be? The same tween H.K. and Hainan... No 1.
China Coust Meteorological Registe
Station,
19th February, a.m.
[Winds]
Hour.
Baromoter?
Temperature.
Humidity.
D'tion
Force.
Weather.
Wostook. Ta 30.19% Nemuro.65' 30,04
Hakodate
Toklo
Koobi
Shanghai
Gutzlaff
Sharp P. 78
Amoy
ม
BHANG HAI
MOJI, KOBE Maltà “
AND YOKO-Capt. G. W.-Cookman. HAMA FARNE N
To Sail On Remarks noon Freight 14th Feb.& P'aage
about
18th Feb.
THEOL
14th Feb.
Freight & Prago
Freight
& Penge
about
Freight
24th Feb: "}]
& P'eage
All the above steamers are fitted with Wireless Telegraphy.
stad For Freight, or Passage apply
P.&O. S. N. Co.'s office, I
Hongkong, 13th Bob1914
Hewett,
Superintendent,
NORDDEUTSCHER LLOYD.
BREMEN.
IMPERIAL GERMAN MAIL LINES
Steamers,
www.1bmNAPLES, GENOA, AL-) 5
To sail on
.30.09
ΣΠΑ
$0.18
FT
30.25
ww
Nagasaki
16.99
K'shimo
20.00
30,29
1
Oshima..
30:28
Noha
30.29
050
Ishi'jima
30.31
Bania Is.
11
Cheloo
Whalwel
30,26 32 .97 w
4.b
Hankow
Lobang
Kiukiang
11
For
Changsha
30.33.36.
14
30.27: 45 *W 90.34.52
3 cm
1 b.
30.29 30.58 64
GIERS, GIBRALTAR, Goeben SOUTHAMPTON, (Capt. A. Ahlbora
30.30 49 78 nao
A'WERP & BREMEN.)
17,300
Talbotu So
30.31
Taichu
pe
SHANGHAI, NAGA-) Kleist
30.27
110
SAKI, KOBE
AND Capt. L. Maase.
Koshun
B
YOKOHAMA
"
17,000
F'doras
30.20
Canton
14.
30.27 51 100
1.00
M'LA, ANGAUR, YAP,
kong
64
30,27 37 68 ans
30
SAMARAI, NEW-
Gap Rock
30.23
eno
4-b
“GUINEA,BRISBANE,> Prinz-Waldemar
SATUR,
Maono
30.24 .55
10
Wuchow da
30.30 50 81
3 o
Pathol.
SYDNEY AND MEL Capt. O, Jurany BOURNE............
21st Feb.
6,100
9 8.m.
#
Hollow
Coblenz
Phullen
ба
30.20 61
KOBE
Tourage
Capt. L. Klughist
- TUESDAY,
村
C. Bł. J.
30.04 75
படி
0,759
h
Aparri
The 3 B
Manila
30.07 67
0
Legaspi
30.08: 74
one 1 o
JEISELTON, KUDAT & | Borneo
SANDAKAN
Capt. J. Koehler
Swatow
MONDAY, 16th Feb.
Per as Seang Choon from Straits on Shanghat and North China-Per SHUN- Swatow, Shanghai and North Chinn Per
the 19th nat.-W. A. Tweniow.'
Per a Chlas from Shanghai eto.. on follo WINGSANG, 16th Feb. 5 p.m. the 13th inst-Mts R Johas, JB Irving. Bacolod -LINAN, 16th inst., 5 p.m.
Yebara, AB Garrcook, Mr and Mrs E
Cabu AR Morria, Rev GN Cole, Mr and Mrs R
Labian Makaw, & PWoán. Me and Mrs Liang,
JA Bal, Miss N Marshall
Per.. Asya from Bombay ato., on
TUESDAY, 17th Feb.
Heung Chit, a partner in the Al-Shanghal & North China-Per BHAO- exandra Cafe, Hongkong, from
HSING, 17th Feb., 11 a.m.
LOVAT, 17th Feb., 1 p.ra. -
30.72
30.15 66
30.1667
tion must be gathered from the disposing of his partnership share Straits & India via Kaloutta Por and Mrs Ayres de Sa, La Jontrona Fahrenhalt on the level of the zoo In in-
documents and nothing else.
Mr. Jenkin: I am going to address you as to what the intention must have been from the matters which they dealt with in the deed. That is my submision on the point, but your lordships don't seem disposed to entertain it.
The President-Not at all. Mr. Jenkin:-Not at all. I shall then approach what will be my main point. I was taking it, not because there was nothing in it but because I thought I would fill up time before four o'clock.
1
:
TANG ZUP HAI- Giles, Hi Chi, Miss M Allan, A MoLead, & Temperature, in the shade, in degreas
30.03. 82.
TE. Carton, Director. the 13th inst.Mr and Mrs Sussman, K, Hongkong, Observatory, Veb. 15th."
1 Barometer; "reduced to 32 degrees Miss Bryant. J.O Tanburn, Miss M Brosber. M O Trafford. Lee Woh, Mashes, tenths and hundredthe..
avsky, M Cherniavsky, F 81 Leger. Mit-i
Has Lopnan, L Cherniavaky, 3 Cheral-Fahrenheit. thell, Wood. D Kinlook, Mrs Walou 3 Hamidity, la percentage of saturation, Jebsen, Le Hiral, Mengashe, Miss M Ethe Hucaldity of air saturated with mois Gardner, Rey Bro James,
Swotow, Am Shanghai & North China-For TAK
in that basiness, or in the alterna- Philippine Islands-Fer TAMING, 17th tive calling upon him to furnish security in respect of an action pending in the Supreme Court.
BANG, 17th Feb., & pan, Counsel said he had received Swatow, Amoy and Formosa via Anping information that at 12.30 the
and Takao Per BOSHU MABU, 17th Feb. 5 p.m. defendant was selling his share in the cafe business for $4,000. WEDNESDAY, 18th Jan. Defendant was a person who was Haiphong. Fakho and Saigon - Fer
KAIPONG.18th inst., 9 am,
at present not within the jurisdic-swatow-Por HAIMUN, 18th Feb. 10 a.m. tion of the courts of the colony, and he was indebted to the plain- tiff to the amount of $3,250, the debt being for money lent.
Hie Lordship made an order against defendant to furnish
Your Lordships will lean against security for the amount of the
s construction which will work claim, or failing that for on
Oven
interim attachment of the share.
SILIMPOPON COAL.
BUNKERS.
hardship upon either of the partnera, both of them, or upon any third party such as The mortgagees or creditors. first case upon the point is Taylor and Neate, 39 O.D. 538. This is one of the pases dealt with by the learned Chief Jaslice and the case includes (British North Borneo).
At these porta steamers call the judicial expression that where it deals with csses of this kind it ing for bunker coal exclusively are exempt from all shipping
can be supplied cheap rates. ક
SEBATTIK SANDAKAN &
preventas hardship apon" the dues and charges.
9853
A. BUNE
With reference to our
we beg SS
ing competition
an-
Gorman.
Shaurhat
American
Canadian
Stralia, Burmah," Deylon, Adelaide, Western Australia, India, Aden, ''Egypt and Europe via Naples For P.
DOEBEN, 18th 78b. 9 a.m.
North & China-For CHOY.
SANG, 18th Feb. 5 pm.
THURSDAY, 19th Feb,
Shanghai, North China, Japan, via Nagasaki, United Stated, South America and Canada via Vancouver
vin (Europa Siberia)-Per EMPRESS OF
& Siberian
5.
Shanghai
Bwatow,
Australian
Mail.
ASIA. 19th Feb. 10 sm.
and Korth China-Per ANHUI, 19th just, 3 pay.
FRIDAY 20th Feb. Amoy and Foochow -For HAI-
CHING, 20th Pob., 10 q.m.
SATURDAY, 21st Feb.
Phillppine Islande, Angaur, Tap Frad. Wilhelmshafen, Raban, Herbertshohn, Matupi, Australiau, Tasmania, New Zealand, via Brisbane-Pat PWALDEMAR 1st Feb.
nounce to the coupon holders in and Indle via Calouste-Fax
connection therewith, that the actual number of Sweets found in
the
hold
are
r is 9853, and those who the coupons with guessed figures 9850, 9875, and 9880. requested to call a our store with their coupons and claim the prizes.
H. RUTTONJEE & SON, WINE AND PROVISION MERCHANTS.
14, Queen's Road, Central, soya
Japan via Moji Victoria and Tacoma Per TA09 MA
ARU, 21 Insty nggo,
KUMBANG, 21st Vaby, I pm, Philippine ITUENSANO, zist inst,
I p.m. Philippine I-Par RUBI, tist Feb. 3 p.m
Shanghal, North and China (Europe via Siberia) -Per FOOCHOW, 1st Inst., pm.
Siberian
SHIPS PASSED THE CANAL.
London, 3rd-Jan. Arrivals, from China-Brasilia, Den- bighshire, Glenlochy, Olty of Bardda, The following vessels have passed the Casal-Bayern, Idomeneus, Lycaon, Moyune, Pelho, Simla, Ixion, Badnorshire.
London, 6th Pab. Arrivals from China-Atsuta Maru, Furst Bulow, Altmark, Istria.
The following vessels have pamed the Canal:-Nelons, Paul Lecat.
4
being 100.
4 Direction of Wind, to two points. -5 Force of Wind, socording to Beaufort Sole.
State of Weather. blue sky, o de- tached cloud, d drizzling rain, flog, g gloomy,h hall, I lightning, o overcast, p passing showers, qaqualis, x rain, s snow,
thunder, visibility, w daw wei.
Rein in inobse, tenths and hundredths
METEOROLOGICAL,
London, 10th Feb. Arrivals from China-Ixion, Nippon, Baromater.... Faul Leca
Temperature
Previous
Day On date On date at p..
The following vessels have passed. the Humidity Canal-Benarty Candia. Koerber, Frinz Wind Direction .... Etel, Friedrich, Yaddo, Baron Driesen, Force........ Baron Jedburgh,
Weather ...
Lind, at pinte
30.29 30.27 30.23
60
37
37
68
ENE
3.
b
A
Higest open air Lamprenters on the 13th
во
"
Oysters, Fresh, Fried or Stewed Low Findon Haddocks, Kippers &e
ALEXANDRA CAFE,
H.K. Observatory, 19th Fabi:
7. 7. CLAXTON, Diestor,
Mall Steamers
PACIFIC MAIL S.S. CO.
MAAMERICAN MAIL LINE TO SAN FRANCISCO
Viş Shanghai or Maglie, Nagasaki, Inland Ses, Koba, Yokohama and Honolulu, -THE SUNSHINE BELT
** Operating the following steameri
MONGOLIA, MANCHURIA, KOREA, SIBERIA and
NILE, CHINA and PERSIA. Some Features of Service: Electric Fans, Swimming Tank, Orokastra, Amusements, Wireless Telegraph Submarine Signal Service and Bilge Keela.
Quisine under personal supervision of Mr. V. Moraal, one of the World's most famous caseraru.
Reters perdon of round-trip tickets, as above, available for Pasango Via. C.F.R, from Vancouver if desired. Tamasga Pamatgera have the Pritllega of Traveling by Rail between ports of Kobe and Yokébama. Steamer: EM-Korea....
FRIDAY 27th Feb.
Philippine Islands, Australia, Tasmania & New Zealand via Port Darwin Par FIRE, 27th Fab., 9 a.m
TUESDAY, 3rd Mar,
..18,000 tons, Sailing, Tues., 24th Feb. at 1 p.m.
Hongkong-Manila Service. vi
Ya HONGKONG.
..LAYO longkong-
Arrive Alanila
Mar.
Leave
Mar. 31...ILE
King'a Huding Copp. Bigks Pir),
|Fbillpping "Jelends-For ZAFIRO, 3rd Mar, 16...CHINA
SATURDAY, Tth May.
iton, Kulstrand Sandakan-Por FORNEO, 7th Feb. 5 p.m.
From MANILA.
Dar Hongkong.
Fob 14. Feb. 21...
12... KOREA 19. SIBERIA
R. C. MORTON,
gth Agest, Talepkana 278. 141
"
WEDNES.
18th Feb.
10 a..
About
THURS.. 19th Feb.
About
3rd Mar..
SUNDAY 8th Mar, 9.8.m.
All the stoamers of the European Line are fitted with Wireless
Telegraphy: New System of Telefunken“.
FREIGHT LINE.
NEXT SAILING FROM HONGKONG.
OUTWARD.
About
Goettingen.... ...16th Feb. Sigmaringen
Tuebingen Cernis.....
2nd Mar.
.16th," Mar..
HOMEWARD.
About
30th Mar. 13th April
...... 27th April,
For Marseilles, Dunkirk, Rdam For Havre, Erden & Hamburg
Mark about 10th of Mar.
and Breman/Hamburg:
For Havre, Eden and Hamburg
Bremom;
Coettingen about 28th of Mar.
For Marseilles;' Rotterdam and
Bremen/Hamburg:
Breman: Cernis
about 5th of May. For Marseilles, Rotterdam and
Bremen/Hamburg: Sigmaringen about 16th of May For Havre. Dunkirk, Emden and
Hamburg/Bremen:
Tuebingen about 18th of Apr. For further Particulars, apply to
about 1st of June.
NORDDEUTSCHER LLOYD
MELCHERS & CO..
GENERAL AGENTS, HONGKONG and OHINÀ.
Hongkong, 11th Feb., 1914.
MESSAGERIES MARITIMES
FRENCH MAIL LINES.
FORTNIGHTLY "SÉRVICE
TO AND FROM JAPAN via: SHANGHAI
FORTNIGHTLY SERVICE TO AND FROM
DEUROPE via SUEZ CANAL.
For SHANGHAI, KOBE AND.)
YOKOHAMA..
Steamfers Australien Chill Amazone (Magellan
Nera Atlantique
To nail
$3rd Feb.
9th Mar.
23rd Mar.
24th Feb.
10th Mar,
24th Mar
MARSEILLE vis PORTS
ALL STEAMERS FITTED WITH WIRELESS, Transhipping on the Co.'s Steamers at Colombo, for Caloutta, Bombay and Australia, at Port Said for the Levant, Constantinople alid Black Sea.
Through Tickets to London via Paris by all
Circular tickets to Europe via Buez and SIBERIAN ROUTE and vice-VOTER delivered here.
For further particulars
··S; C. de BUSSIERRE, Acting Agent.
Printed and Pablished by the Proprietor, Dr. J. W. Nohls Ice Houses Street, in the City of Victoria, Hongkong.