Special Announcement
Extension of First Floor
Showroom
AT
WHITEAWAY'S
To enable us to cope with our ever increasing business we have now extended our First Floor Showroom, to enable us to display to advant- age our large stock of Hardware, Glassware, Crockery. Bedsteads. Carpets, etc, etc. r.
THE LARGEST SHOWROOM IN THE COLONY
Call and See Our Stock of
CROCKERY,
GLASSWARE.
HARDWARE,
ALUMINIUM WARE,
BEDSTEADS,
CARPETS
PRAMS & CO-CARTS;
SPORTS GOODS,
GRETONNES,
SHADOW TISSUES.
BED LINEN,
HOUSEHOLD DRAPERY.
THE HONGKONG
TELEGRAPHE
SATURDAY, JULY 21, 1923.
MOLLER LOUR CASE. allowed to put his duty in conflict
with his interest.
It is, however, of course, true (Cantinhed from Page 21
that Orton was willing to share the agency with the Company and with fall knowledge of all when he got it. But he obtained the circumstances, chose to ratify it for himself in the first instance, and accept them, then, in view of and he might have retained it Moller's position in the Company, altogether had he desired. As it the latter is estopped "from hold-! happened, the Company, the ing Orton responsible. If the end, never came into the agency Company has adopted these con-contract at all.
tracts, clearly it must abide by I arrive then at the conclusion that the Company is right, and
the result.
The two versions of this con- that Orton had no authority to versation are quite inconsistent. make these contracts, and that Which of these, two witnesses is the making of them was a breach telling the truth?
of duty for which he is answer- able to the Company.
Now Orton admits that about the end of November he had made
Authority is. I take it, a ques- up his mind that Mayer was tion af fact. But if I am wrong shady character. He had de- finitely ascertained just before he on this point of fact and if these left for Shanghai that Mayer had dealings are covered by his im told him a lie about a vessel heplied authority, even then, in the circumstances of this case, there had represented IN bringing
has been a breach of daty which wheat to the Colony. Yet he says makes the agent Hable. It is in answed to a question from me:)
possible that, strictly speaking, "I did, net tell Moller what I have
third party procedure is inappli- just told the Court about Mayer. I may have hinted that Mayer was cable to a claim of this kind. shady. I don't know that I satu But the point, which after all is this." The comment on these true procedure, has never been case has pro- answers is obvious. It would be raised, and the
reeded to its conclusion on the impossible for an hagest agent, acting fairly and candidly with basis that the third party has been his principal, to mention the con-properly brought in!
tracls at all, without full dis 1, give judgment for the Com- closure to that principal of every-pany against the third party for thing he knew as to the unsatis- the full claim and costs. factory character of "the contrac tor. And again, it would be ex- traordinary if any reasonable busi- ness man learning what Orton know, should elect not to cancel the contracts when he had the option to do so, but to keep them on as Orton says Moller did
A $2.00 CAMERA WILL
TAKE PICTURES.
but no sensible person claims at the photographs equal those secured with $3000 lens.
The
AMOK
Heart hot with a raging anger-- She laughed when I paid her my court-
ed.
T'was only she who had count-
The others wore easily bought. She just smiled when others tittered,
ing
But a victim of shame was I; Was my caste that of a cow- berd?
So I lied when I said "good" bya."
Then I shaved my head and I bathed,
For I counted myself as dead, My heart was as chill as mora-
Though a fire burnt hot in my head.
I bad still one good friend left me
Inlaid deep in a tinge of blue, And I spent the long night whetting
The keen edge of my friend so true,
41
I rushed amongst them in mad- ness-
There wore screams and terrif id cries-
I baked and I slew with glad-
When I wearied I thought of their live.
Who lay there? How could I count them
Ered drove the steel through my breast!
But she who had laughed goos with me
And I hope she enjoys the jest. H.R.B., in British North Boruco Herald.
A NEW GUNPOWDER. The War Department in Wash- The Loan to. Mayer.
ye is a miniature camera, and If the agent, was dealing fairly lensee simply remedy defects in ington announce that Govern- ment scientists bave developed a with his principal at this inter- the natural photographing me. view, why did he cancel the loan chanism. The better the lenses, new gunpowder which is flash- The less, smokeless and moisture. the better the results, to Mayer cf $5,000 out of the Hongkong Optical Co., successors proof. Such a powder would be Company's funds? In this con
ection it is interesting to refer 10 Clark & Co. refracting and of tremendous use and importance to Orton's letter of October 27th.anufacturing opticians located in the event of any future war. i 53, Queen's Road Central, The writer says a certain bank manufacture lenses as safe, as is pressing for payment in respect nearly perfect and as satisfactory of the Company's indebtedness. as can be produced by the com.. $5,000 is needed to show good bination of human ingenuity and faith. He notes that Moller is constructive machinery of the unable to make any remittance) highest type. Hand anticipates that it is only a
WHITEAWAY, LAIDLAW & CO. LTD.
20, DES VOEUX ROAD, CENTRAL, HONGKONG.
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matter of time before they would be closed down. However, if Moller can send $2,000 that might Save them. But at the date of this letter Orton had, without Moller's knowledge or consent, ad- vanced $5,000 to Mayer and this lean was still outstanding.
I have already pointed out that no reply has over been forth- coming from Orton to the charge in Moller's letter of April 5th- thai Orton had told him in Shang- hai that he had done. no four business. Again, if it is true that at the December interview in Shanghai Orton mentioned the four contracts and suggested can-! celling them, but Moller elected to keep them on, why is there no reference to this most important! fact in the letter of explanation and apology which Orton writes on March 22nd?
1 can come to no other conclu- sion than that Moller's account of the Shanghai interview is the correct one; I believe that Orton denied at that meeting that he had made any flour contracts.
To come back after these find- ings to the main issue in the case, I accept the position that Orton made these contracts in the Com-1 pany's name and that if they had been profitable the Company would have had the benefit of them, I find that they, were made without authority, and that Orton was conscious that he had no authority! to make them. In my opinion he believed that he had got a good thing and that the Company would' be the gainer by his dealings. But it is clear also that the main object was his own profit-the interest of the Company was a secondary matter. Take his evidence on page 131 of my notes: "I made these purchase from Mayer to show him that I had a connection and could handle: his four if he game me the agency business. In the same: idea I made him the $5,000 Joan to persuade him to come on with the agency business."
Stepping Stones.
He states elsewhere in his cri- dence that the loan to Mayer was an instalment of the $30,000 security demanded by the latter under the agency contract. In the light of these admissions the true relationship and close inter-con= | nection of these transactions be- comes clear. The flour deals were: stepping stones to the agency'. The principal's money and credit Were pledged to further the enda of the agent. But an agent is not!
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Thousands of dollars worth of Furs, draperies, carpets, food etc., are destroyed annually by moths. The eggs are deposited directly on materials
or in the corners of closets and trunks. Two breeds occur during the year. Eggs are deposited in May and August, and are hatched about one month later. By using FLYQSAN it is no longer necessary to pack garments, etc. away in expensive cedar chests, to place valuable furs in storage plants, or to pack various articles in boxes or trunks with cffensive mothballs.
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