NOTICE
THE HONGKONG TELEGRAPH,
NOTICE.
METALS W. S. BAILEY & CO. LTD.
可 sti kinds, expecially for ship-building and enginesting
work. Complete stock. Best Immediate delivery, BEINGU
SINGON & CO.,
Established 4 D. 1880]
KING LUNG ST.
Central sis,
Phone
HING YUEN STUDIO.
14, Beaconsfeld Arcade
ARTISTIO PHOTOGRAPHS ·
ALL OCCASIONS. ΤΟΥ Faller Phone Central No. 4310
MASSAGE HALL
MRS. S. UZUNOYE,
Expert Masseuna
#T, Queen's Load Central, 2nd. Floor
IT Bombay Bazaar.
FEEDS WONG, SIJAWBON.
BOOTS SHOES & SLIPPERS FOR LADIES, CHILDREN BEST DESIGNS, PRICES
ETING) ST PHONE 1454
MASSACE HALL 23, WYNDHAM STREET MRS. H. MORITA, MR. H. SUGITA.
FOR HAIPHONG AND HOIHOW. ----------
BAIK for Honglong and Hajjhong oveys, alternate Tuerday.
kku favourite pärrenget IPAMAT
HAL-MUN
Call for Woitaw and Haiphong Capt. Charles D. Page).
katy Rhos. Cook and Auge or Po Xing 1:4, Wig L HL
Mrs. SEKAI
MASSAGE
THE PHARMACY 2nd. FLOOR, So, I, Duddel Street, Hongkong. Telephone 4483.
We have just received a ship. ment of ladies*
COLD & SILVER CHAIN BAGS
Our prices are the lowest in our goods Hongkong and guaranteed, call and Inspect.
SHERIFF BROTHERS
69, Queen's Road Central
BOOTS
AND
SHOES
Carefully made to measure by
T. NAKAO Japanese Shoe Expert. TORTOISE SHELL BOXES and CASES A SPECIALTY. Astor House Hotel Building,
Queen's Road Central.
ENGINEERS & SHIPBUILDERS KOWLOON."
HARBOUR REPAIRS Oli Flag L." Tage, Barges Light Draft & High Speed Vessels & Motor Craft.
"Sola Agents For
SATURDAY, JULY 21, 1923.
MOLLER FLOUR CASE to make those four contracts.
Min pany,
flour merchants, Brenos the making them is a breach of duty, Aires, who are, opening up and an undertaking will be implied Eastern markets for their flour. to indemnify the Company against Orion has been offered the sple any lost. Lat is see what was agency, on very favourable terms, the class of business ordinarily done and he proposes to work the busi- The Pulsas Judge (fr. Justice by the Company. Moller says that ness with the Company on the H. H. J. Gompertz) gave judgment the business of the Company is basis of equal division of profits.
Judgment for Moller
· and Co.
Here I
no
in the Summary Court yesterday shipping-the operation of ships; it The letter encloses a draft of his afternoon in the third party action has donlt in con laut not in four agroment with Mayer. in which Moller and Company it any other kind of merchan-point ant that Orton makes (Hongkong) Limited sought an indise. He explains that they need mention in this very lengthy letter demnity from their former Hang coal or their ships on charter either of the advances to Mayer or kong Director and General Man-Orton knew all about Moller's of the four contracts by which the ager, Mr. T. Orton, in bespect of business-he had been in the Shang Company is already bound. Molier a contract for the sale and delivers had office, and ho was therefore replies wishing Orton success: he of 1,000 bags of flour, in regard to given to special instructions when will discuss the matter of the parti- which judgment had already been he took over the management in cipation of the Company when he
conies to Hongkong.
KELVIN MOTORS "given against the Company for Hongkong
PHONE.
Works............Kowloon 21
Manager
Kowloon 683
STEAM LAUNCH FOR SALT.
MEE CHEUNG Photographers « Photo Supplies films, always in stock roll camers, papers, and pictures of local and S. China riews.
Ice House Street and Beaconsfeld Acade.
GREEN ISLAND CEMENT COMPANY LIMITED. PORTLAND CEMENT,
Io Caska of 375 lbe, net,
la Bags of 250 lbs. net. SHEWAN, TOMES & CO.
General Managers, Hongkong.
GUARANTEED IROCERIES
THE BEST BRANDS OF!
WINES & SPIRITS
* DELIVERIES. ANYWHERE. UNDER EUROPEAN SUPERVISION
Telephons E. 626,
THE
EMPRESS STORE
KOWLOON.
EXPERT MASSEUSE
Mrs. J. Crawford,
1st. Floor, 37 Queen's Roa
Removed from Top Flour.
Caruso Elman, Kretsler Melba, Pachmana:
Geraldine Fartar, etc.
vuly on VICTOR RECORDS. MUUTRIES-Exeinsive Distrantora
40INGS OF THE DUFFS
LET'S TAKE A WALK DOWN TO THE GUAT HOUSE, AND WATCH 'EM START OUT.
L
Koes
th
that a four account had been open-
was an dealing in any, other ndertook over this debit himself. Moller chandise to his knowledge,
shys that he also learnt for the first time in February of the esis
31
No Authority.
Now the "evidence" on this pointees of the four contracts.
You may well be proud of Your Eversharp and Wahl Pen. They are at this moment recording the thoughts of repres sentative people in every coun- try of the world.
These products are obtain able in a wide range of styles, designs and metals,
For Sale at Leading Shops · Everywhere
Look for the name on the pencil and . pen. It is your guaranice. THE WAHL COMPANY New York
U. 5. A
The Perfect Companions
WAHL PEN EVERSHARP
He
AHI BEE
8073 in "favour of the Man Fat Wo It was suggested for Orion that
The Shanghai Interview. In December Orton: firm, merchants, of 100 Des Voeux transactions in four were done by
West. The contract was not the Company when Williamson was Shanghai at Moller's request for disputed by Moller and Company manager. Williamson gave evi-business discussion, There a cou but they claimed that Orton had dance, from which it appears that versation takes place which is of L' will no authority to make it for the the Company had ever dealt in the greatest importance.
It had give for the present Moller's ver Company and alleged that he enter-flour on its own account. ed into it on his own behalf.
on one occasion, acting for shippers,sion only. Orton's story is quite Mr. F. W. Corbets appeared for sold on commission a consignment different-I will come to that later. Moller and Company and Mr. A. el of Australian flour which the local Moller says that he has had con Arculli for Orton.
purchasers had failed to accept.fidential warnings freni "Hongkong The Judgment.
Williamson' says that practically about flour and be asks, Orton "if Orian Giving judgment, His Honour mercantile business was over done, he has made any deals. said: The plaintiffs are sing the Foransactions of any size instruereplies that he has dono absolutely defendant Company for damagestions were obtained from Shanghai, nothing. Shortly after this he re- Moller says for breach of a contence to deliver or the matter was arranged between us to Hongkong. flour. The Company has brought in the local directors. But, speaking that he was not satisfied, and he a third party claiming to be in generally coat and shipping were then sent for Xavier, the Secretary demnified by him under sec. 83 of the anly business of the Company and bookkeeper in the Hongkong |
result of what Moller states that, with his per office, and as a the Code. Neither the Company
necasion nor the third party contest. theussion, Orton on ong
Xavier, told hhu; he himself camo He plaintiffs' claim and judgment has bought two cargoes of coal from
to Hongkong in February. accordingly been entered for the Japan, but this was for the
then discovers, for the first time, plaintiffs against the Company of their own vessels on time cho The question I have now to fiecide ter: Orton subsequently sold a
ed in favour of Mayer. This Orton A little righ
Admits. He agrees that he hail is whether the third party is liable portion of this conl. to indemnity the Company. was enre sent to Australia, but this never reported an advances made Moller and Company (Hongkong) was agency business on commission. to Mayer in his letters to Moller. Ltd. was incorporated in 1915, with Possibly on tens of rice were stand that he said nothing about a capital of $50,000 in 1,000 shares Mauritius for friends on tae of them during his visit to Shangbaí of $30 earh M. Nils Moller of the Company's hips, but it was in December. His exeuse is that Shanghai held 700 shares: Mr. small matter and Moller says he on his return to Hongkong, in late But there December or early January,, he Williamson, 2001 and other persons gloes not remember it. from time to time hell from one share a to quality them to act as a director. In October, 1924. Moller, as Permanent. “Direcini, aðei | peluted Mr. Orton, the third party is clear and definite,, and it is untaxed Orton with decriving him. who had been in bis employ in contradicted, and the general any says that the latter admitted Shanghai, to be a
antisfied that he was in fault' and promised Dimetor and alt is that 1 ah oot General Maniger of the Company that Orton had any authority to take the whole responsibility for) in Bangkong. Orton Fereived queen in flour. lle was, after all the contracts, He pressed Orion shard to quality him as a Director salaried agent-he reported 19 for a written undertaking to that and was given a power of attorney Moller from time to ting, and effect which empowered him, later the submitted monthly accounts. to do all acts and things and the desired to embark on transac Exente all such deeds and insitions atside din Ordinary business ments as in his opinion may beof the Company' I think that it was necessary for carrying on and trans-his duty to ask for instructions, acting, the business of the Company and it seems to me that thour was It is not contested that as far as outside its ordinary business. concerned persons dealing with the I will now briefly examine Company Orton had very full history of these deals in Bour. either transferred to Mayer or powers he could do anything the About the end of August, 1922. cancelled. But he does not accept
personal responsibility. Company pould do. Yow the Orton commenced advancing money Objects clause of this Company's to one Mayer, who represented him-letter was handed to Moller as he Memorandum is exceedingly com as connected with a flour mill was leaving the Colony; he re- plies from Shanghai on April 6th. Buenos Aires. pendionis, as is the fashion with ing business in
Ile recapitulates the history af modern companies. Take clause (): The moneys were taken from the the agency proposal and charges
"To establish' and carry
funds. The Lotal on Company's
Orton with having distinctly told business and to act as merchants, amount paid over from fime to him in Shanghai that no flour bankers. traders, commission time was $5,000. About this time contracts had been entered into ngents. shipowners, carriers, Orion informed Xavier, the Com-To this letter Orton has never transport agents, insurance agents pany's Secretary, that he was in made any reply. His explanation in all its branches, shipping treaty for the sole agency of a is that he was waiting for Moller's agents, contractors, marine or South American flour. At the end return to Hongkong to talk the general importers, or in any capa-of August, or in carly September. matter over. city in Hongkong, Shanghai, Japan, lo contracted in buy our from Rumours About Mayer.
I will return to the interview at India and the United Kingdom Mayer, and by about the middle
December. Orton or elsewhere, and to import, ex-of November his purchases of this Shanghai in port, buy, sell either for cash kind for the Company amounted to says that he informed Moller of or on credit, barter, exchange, 2,300 trus, at an aggregate price these contracts.and intimated that ledge; take advances upon or of over $180,000. Contracts for it might be better to cancel, as otherwise deal in goods, produce, re-anle of this flour to Chinese were there were rumours about Mayer articles and merchandise."
made from time to time by Orton-if there were any doubt he him- Obviously this is intended to cover in the Company's name: and the self would prefer to cancel. He almost every branch of mercantile claim of plaintiff in this action is says that Moller's reply was that it would be a pity to cancel as activity.
on one of these contracts. The Company's Case.
On 27th October, 3009, Ortor they were making auch good pro-
fits. The Company's case, however, is writes from Hongkong to Moller in
The importance of this conver- framed as follows:
Shanghai a letter of over five pagessation is, of course, that if Orton's However wide and general the dealing with various details of the
story is accepted, and if Moiler terms of his appointment, Orton business. He states that he is was informed of these contracts, had, in fret, no authority as be negotiating with a personal friend, tween himself and the Company. 1). M. Mayer, of Mayer and Con- |
"DON'T CARE MUCH FOR BOATS -
Safety First,
YOU DON'T?·
WHY, I JUST
FEEL LIKE TAKING A LITTLE Row
AROUND THE
ISLAND -
CAN YOU IMAGINE ME 'GETTING IN THAT LITTLE BOAT
WITH YOU?
li
Orton's reply is dated March 22nd. He says that the contracts were entered into before Moller up the flour declined, to take
made in the business, and were firm's name and for the firm's do his best to benefit. He will
outstanding contracts. ti get the
WHY OF COURSE!
CAN
+)
This
ASAHI BEER
BREWED Y
DAI NIPPON BREWERY Co., Ltd.
TOKYO JAPAN.
Specially Brewed for Export
Sole Agents
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HONGKONG.
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Built to Suit this climate. Guaranteed for SEVEN YEARS.
TSANG FOOK PIANO COMPANY,
Blenose
CAPSULES
NEW
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BLENOSAN
19 JE KEPT COLL MY BRE
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(Continued on Page.&.)
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Queen's Bldge
Phone C. 1030,