THE HONGKONG TELEGRAPH
EXTRA
HONGKONG, THURSDAY, FEBRUARY 19, 1914,
SHEWAN, TOMES & CO.
Partnership Dispute: Appeal on Dissolution Action.
(Continued from Page 3) The President: Is there any affidavit in reply to this?
GAOL SUICIDE..
Mate Hango Himself in bis Cell.
Mr. F. A. Begabuard held on-
the death of a prisoner who wa9 quiry at the gaol to-day, into
this moralug. found hanging dood in his coll The man wan'
convicted of house breaking only
his zome was unknown, on Monday. He was a uute and,
THE RACE MEETING.
The Results Summarised.
The following analysis of the Tages should prove interesting:-
Winning Owners...
"Owner.
Sir Paul, Mr. John Peel, Mr. Kadoorie,...12 Me Stabh.
5
Kr. Jenkin:-So far as I know, my Lord, there is, nous. The position, therefore, my Lula, is. this--that the Chief Justine Bags a piecemeal asle is the only due possible, the chief creditors may owa:-M. T.J. V. Jorge, Jr, The jury was composed as fol. they won't have it, and as thor C. A. Pall. Mr. J. M. d' Ees oreditors have come to no agree-
An Indian warder gave evidence Mr. II. P. White, .5 ment there is a deadlock.
Mr. Bretton, to sooing the deconsod alive and The President How far are sitting down in his cell at 7am. Mr. Norman, the chief creditors concerned ?
Mr. Jenkin-They are mort The President--Mortgages of
what?..
Mr. Jenkia :-Oi sharea. The Posine Judge:-Shares in various Companies owned by them?
Mr Jonkin :-Yes.
The President':-Does that give them any right of intervention?
Mr Jenkin:-Well, my Lord, there has been no sain ordered It is merely upon the Bonstruction. of the deed that the Chief Justice says that such and such a sile the only one possible.
is
no
7
...5
Me. Soares, this morning and overy fifteen minutes stor at 8 30 a.m. he Mr. F. F. Hough,...3
Mr. Gilpin, looked into the coll and a tho deepased hanging up. He at Mr. Richardson, ongs reported the mantler. Another Mr. Kenlowe, warder deposed to finding the Messrs. Fitzwil body. Deceased
liama. 3 eord attached
orkink Mr. Medlich, handle and had a noose, Mr. F.-Onetz, ...1. on the other end. round bis Mr. McMurtrie, ...I' neck, Fa rontoved the cord and Mr. Biderbowld,... 1
Mr. Off.
...1. place the boir ou the floor.
-to
hnd the
Principal Warder Piso said an
...2*
...1
0
Maj. Dinkinson, ...1 0 0 was called by last witness and Mr. Nem-zee.......1 found decessed lingon kia back,į inconscious. He had him take,
Winning Ponies. ..
to the hospital at once Hall one Aldwych............ side of a mat can been undone in President, Lorder to get out the string. The Royal Rose,
mat was an onlinary, bad out Jewel Astor. med in the calls.
Mr Muzakand:- Could string be undone withia quarter of na hone
Britannis Dahlia the Lockerbie,
Wriness Yes? Bospital was he loads paid deceased was unconscious hạt ngh dead when brought into hospital Ho taisphoned for the doctor and ave arifah raspiration until the urrival of the dower.
0.01
1st, 2nd, 3rd.
3.
0
2 1
2 1 0
2 1. 0
2
1. 0
2.
1
0
2 - 0
2 0
1
1
1
1
A Borneo Chief
Moffet. Mahratta Chief, Snowdrop, ...al Dumfries,... The Oat,.... Mad Eve,.................... Conqueror Aster,... 1 Monarch Dahlia,... 1 Dr. MaKenny sale mutended Sunlight,. deceased from 3.53 at 0.25 Fijian Chief....... won't, when he died, Witsss par- formed a post morten as unination
મ
The Chief Justics Your it quite irregularie." What laid was that I could not acquivers the application, and the partners were therefore left to thair rights" under the partnership agreement..
Mr. Jenkin-There is order for *ale under the agreement between the par- ties. The chial creditors will not agree to the sale which the Chief Justice has intimated as the cor. rect one, therefore there is deadlock on the partnership dend The chiaf creditore would agree to the sale au a goiug concern, but they agree to the sale piecemeal, the dan in point of fact prevail-
The President: There must be s sale some time the principal creditors cannot hold out willout any object. That is their proposal, The Paisne Judgethote are no mortgagees in the businors in any way?
Mr. Jenkin-No.
The Chial Justice :--NS. The President-It is a question of constraction at the presont moment—is the question one of partnership. What the creditors Bay is immaterial.
་་
1 Winning Riders.
1st 2nd 3rd
110
9 1
9
3
and found no marks of reusab ox-1. Mr. Vida, ..... scal violench except a narrow 2. Mr. Heard......... braised lins which almost an. Mr. Moller,.... i
girls his ok. In his opinion 4. Mr. Brand,...... 4 death was die to asphyxia caused: 5. Mr. Lindsay, by strangutation. The jury found 6. Mr. Knoll, that dedensed feloabasly killed I himself.
4 2 12
2
7. Mr. Bremner..........” 8. Mr. H. Seth, 9. Mr. Dalgarno, 0 10. Mr. Hickman,
ne people who fio motaxist in the 11. Mr. Jervois,
row of the leg at Homon, as 112. Mr. Sedgwick, 0 undwaland har are directors and 13. Mr. H. Gocg.... ther perform for those companies 14. Mr. Bell-Leving 0 the duling which' directora per- form. As a point of foot your
I
2
KOWLOON OUTRAGE;
2
mon for them not only to provide the office staff; but mauage do various companies of which Did the Same Gang Commit two
Attacks ? they are general managers. Thes are under, sa te feinud reminds
'T
Mr. Tonkin-The ore litors are entitled to a construction wherefordships know here it is com there are two possible constuct- ions in a deed of this description. The Presided: Yes I see.. Mr. Jenkiu So my lords in having regard for the hardships on the parties themselves, also me, the Companies Ordinance The affair between police and the hardships on other perties, they we included in the defini-Indians at Kowloon throws a Another thing the credits are tion of direct. Now if the pre-stronger light on the attack upon enfilled to have the 49a9ts of the sent form disule goes through, Mr. Goodwin, of Messrs. David of Co,, and the lady who was with firm realised in the best possible the right consequently
genstai managorships bim near the Golf Links on Tues- way and to the best possible a tho
immedi-day evening. It is regarded se vantage upon the present con- of thean companies
ately ceased, and therefore at least possible that the two struction.
varioas outrages are the work
of instantaneously thisso companies are deprived of their the same gang of Indians.
It will be remembered that Mri offices, of their management, their directors and their clocks and they Goodwin and the lady were al aro left absolutely rudderless until tacked by Indians while walking they can make ol-near the Links. Two Indisur such times es her arrangements and take on of-attacked Mr. Goodwin who was her general managers and other rendered unconscious and had
everything of value taken from: directors.
The President: I there no him and one attacked the lady......... authority on general managera? It would appear, however, Mr. Jankin: Page 109 I think. that there may have been more Yes my Lord, many references to than three in the party, and the them. They are general managers belief is held that the same gang but that is another matter my may be found to have been re-, Lord, the hardship is upon the sponsible for this and the other three parties. I suggest to your outrage.
The President: Won't ther get the money? -
Mr. Jenkia: But they would not get the money my Lord. It is more likely they would not."
The President: They have ad vanced this money on securities. It is their business to sea whether the georities are secure or not. Mr. Jenkin: They are entitlari to look over the heads of the securities to the assets of the firm, and one of the greatest assets is the goodwill, and it would be hardship on them if they were deprived of it.
The President. If there is a doubt
it
Mr. Jenkin I think it has been common ground; sometime there is a doubt. There has been a reference to ambiguity and I think it in a doubt..
Lordships these men, these The policeare busily investigat persons entering in the patinering the matter but no arrests ship deed, intendal that these have so far been made. menagerships, which depended upon the contract could at any moment be instantly The Obiet Justion: Mr, brought to an end by the will Alabaster put an ingenious argn- of another partner. It may ment before us in the last two be that on the relations of the
CRICKET.
H. K. Club v. University,
in regard to it not being.. managers of the company the
The following will represent Jenkin: I don't contract, most depended and it
bat might very well be the result of a the Hongkong Olub v. the Uni- ssy it is ambiguous, they say it is ambiguous. There sale of this kind might involve versity on Saturday at 2 p.m. is another point with regard to the partners in liabilities to other on the olub ground. B. E. 0, the three parties. You companies. Continuity depends on Bird (captain), R. R. Thursfield, must have regard to these the contracte as it must do, The Dr. Aubrey, Hon. Mr. O. Bevern, being geuersi managers of breach of a contract of this kind F. J. de Romeie, A. O. Brawn, 8. B. companies, general managers as must bring about the ordinary Moore, Kennedy, P. Jache, P. your Lordshipe know out here consequences they might suffer. Grace, P. Cobb.