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"
THE HONGKONG · TELEGRAPH.
GOVERNMENT WINS
BANK CASE.
ACCOUNT TO BE RECREDITED
· WITH $260,000.
JUDGMENT GIVEN.
اروع
OBITUARY
THURSDAY, MAY 23, 1929.
DEATH OF WIFE OF P.W.D. OFFICER.
We regret to report the death, which occurred in the Victoria Hospital In the early hours of yes. terday morning, of Mrs. Stephens, the wife of Mr. G. E. Stephens of the Public Works Department, tho decensed lady anccumbing to an. attack of pneumonis.`
The
She Thought That She
Was Falling.",
Headaches and dizziness most often are symptoms of 'anaemin, Also frequently they are present in neurathenia, or nervous exhaustion. In either condition Dr. Williams Pink Pills are the right treatment, as in this American Indy's case-
"Often I was so dizzy-head- ed that every; thing acomed to swirl around me,
And I thought the
that I falling."
Was says Mrs. Helon Short sleeves, of No.
Park Malone,
street
MY
be-
head ached, there were black spots fors my eyes. Pains acrOKS my back were Bo bad that I- could hardly
Legal argument in the action between the Hongkong Govern- ment and the Hongkong and Much sympathy will be extended Shanghai Banking Corporation, to the bereaved husband who is was concluded yesterday after- at present lying ill with influenza, noon when his Lordship delivered and the four young children, in judgment in favour of the plain- their great loss, tiff, the Attorney General, andi A large gathering attended the granted the declaration, which was funeral yesterday afternoon, the asked for. This declaration was Rev. Mr. Koop officiating. for the Bank to credit the Govern- chlef mourners were Sergeant ment with the amounts of the Stephens, R.E, brother-in-law, and three forged cheques; amounting | Sergeant Kelly and Sergeant Kirby to $260,000 together with interest. of the Police. A number of repro- Giving judgment, his Lordship sentatives of the Public Works De- said that the plaintiff in the case partment, the Sanitary Depart- was the Attorney Goncral of Hong- ment and military units were pre- kong who appeared on behalf of Bent. E tho-Government of the Colony, and the defendants were the Hongkong and Shanghai Banking Corpora- Lion. For many years previous to the occurrences which were in question, the relationship of bank the customer to keep his cheque or and customer existed between books locked up or to keep them them. He did not need to deal at in his own custody. It was also any length with what the relations clear from the authorities that if were, except to say it was clearly he entrusted his chequebooks to established it was one of debtor clerk or servant who was dis disappeared. Now I sleep fine, get
and creditor with the added linbl- lity on the part of the Bank to honour cheques drawn upon them on behalf of the Government.
There was
01
}
ין
There was a large number of from the European staffs of the floral tributes including wreaths Buildings Ordinance Office and General Works Omeo, P.W.D.
a
appetite, my circulation was poor straighten up. I was nervous, had no and often I could not, sloop until
morning.
"My mother had used Dr. Williams' Pink Pills with benefit, and so 3 decided to try them. Then soon my headaches went away and I could so that I was gaining strongth, 1 the pills until the paine in my back folt encouraged and continued with
up in the morning full of energy, cheque, havo no more dizzy and nervOUS spolls, Dr. Williams' Pink Plus are Indeed a wonderful blood builder and nerve tonic."
honest, and who forged his em- ployer's name on
1
the customer was not responsible, The loss must fall on the banker because he had honoured a signa- ture which was not, in fact, the signature of-the customer.
Defence Argument.
5
Of chemists everywhere at $1.50 per bottle, 6 bottles $8. But bo
uro and ask for
It had been strongly urged by Dr. Williams' Pink Pills. counsel for the defence that in all
RICE PROBLEMS.
DISCUSSION BY PACIFIC. CONGRESS.
It proposed that the Irrigation' problem should be apecially studied and discussed at the next congress; and that co-operation with Pacific countries In manuring questions should be sought, and an interna- classification systent of tional tropical Bolle should be established. mittce to study rice discases and The Congress appointed a com-
parasites.-Reuter,
The action was for a declaration asking that & certain aum $260,000 which was debited to the account of the plaintif by the de- fendants was wrongly debited be- cause the debts were made in res pect of certain cheques purporting the authority caacs, although clear to be drawn by the Treasury with regard to the custody of agents of the Government on the Bank, which cheques were alleged chequebooka, yet a duty was cast in the proceedings by the Govern- on the customer to bring to the notice of the Bank any matter of ment to be forgeries.
There were two answers made an unusual character, such as the to this. In the first place it was cheques, and that if the customer loss of cheques, or extraction of denied that the cheques were for did not do so he failed in his legal
Bandoeng, May 22. geries, and stated in express terms duty; that if the abstracted
The agricultural section of the that they were genuine chequer bearing the signatures of the cheques or any of them were used fourth Pacific Congress, discussed Colonial Treasurer and the Cashier for the purpose of making for-the movements of the rice market, of the Government. That was one geries, his conduct had been the which it concluded largely depended of the points at issue before the proximate cause of the forgories on production in China. jury, who found us a matter of being made possible; that the loss fact, that the cheques were forged. which resulted to the Bank was by reason of not having been put into An Important Case.
a position by the customer to take a second defence steps to prevent it. raised by the Bank which was es In dealing with duty, his Lord- toppel by negligence of certain ship pointed out it was essential officers of the Government. When for there to be duty before the the matter was opened his Lord-question of estoppel could arise ship called the attention of counsel In the present ense the matter of to the fact that the question of duty arose out of the relationship estoppel would be better dealt with between the banker and the cus- in legal argument, that the facts tomer. He thought the authorities should go to the jury and the ques-howed that that duty did not before estoppel arose, which was tion of law left until afterwards. arise with regard to the conduct of that the negligence must be the Counsel agreed to that suggestion ordinary business. Assuming proximate cause of the loss which and certain questions were sub-there was a duty, from all the facts was sought to be avoided in this mitted to the jury.
of the case, he was satisfied there particular case. It seemed it was After the questions had been wax no legal daty owing to the the forgery of the cheques by answered, his Lordship continued, Bank by the Treasury officials, which the Bank was induced to he had no very great doubt in hia
mistake the signatures for the Negligence in Transaction. own mind as to what judgment
It was clearly established by the signatures of the Colonial Treasar- would be, but he had reasons for authorities that the negligenceler and the Cashier, when, in fact, allowing the case to be discussed which created estoppel must be in they were not the signatures of before entering judgment. One of the transaction itself. Mr. Jonkin those men. It seemed to him he those reasons was that the case had asked him to find that the would be stretching the law most was very important and it might transaction in question in the pre- unduly, in fact he would be run very well go farther. Therefore sont case was the loss of the ning counter to the principles re- it was better to hear argument both cheques and the subsequent hap-iterated in authority cases, if he ponings in connexion with them. was to hold in the present case The second defence raised was, His Lordship sald he thought it that the proximate cause was the that assuming the cheques were would be sufficient for him to read fact of the extraction of the forgeries, still, by reasons of the
a passage from a judgment of Mr. cheques. negligent conduct on the part of Justice Kennedy, from 95 Times officers of the Government, the Law Reports, page 447. Government were estopped from He continued there was no fact On those grounds he thought insisting that the documents were which connected the officers of the that the declaration should forgeries.
Government directly with the granted. The declaration Estoppel Alleged.
drawing or forging of the cheques; "That the said Government is en- Apparently for sometime in De-neither was there any connexion titled to be credited by the de- cember 1927 or thereabouts, cer-between anything that was done fendant corporation with the said tain chuques were abstracted from by the Government officers and three amounts, namely $80,905.88, the chequebook which had been the forgery of the cheques as a $78,830.41 and $95,142.19, together supplied by the Bank to the Govern-criminal act. It seemed clear the with interest thereon at the cus- ment for the purpose of drawing authorities Inid down that any tomary or contractional rate of on the Government's account with negligence on the part of any Gov-two per centum per annum from the Bank It was alleged that the ernment servant must be in the the dates whereon the amounts of conduct of the officers of the transaction itself. He did not see the said three cheques were res- Government was such, with regard how it was possible for him to give pectively debited to the general to those cheques and chequebooks, such a wide meaning to the words account of the said Government, that they were estopped from act of the section, as Mr. Jenkin had till payment or judgment.". ting up that the cheques were for- asked him to do.
His Lordship added it amounted geries.
for and against.
Declaration Granted.
I
be
As
"Stretching the Law." to judgment for the plaintiff with It was quite clear on the authori-} There was another condition costs, but he would not enter the ties that there was no duty upon which was necessary, to be fulfilled 'amount.
SALESMAN ŞAM
"Turs is TH' FIELD SAM DROPPED.INTO, MÁ, GUZZLEM, AND THERE'S HIS BLIMP UP
THERE, STILL FLOATIN' AROUND!
'BUT WHERE'S JAM?. „HURRY UP, AN' WE'LL SEARCH FOR HIM!'
LAND
THEN AM! UNKNOWN NUMBER OF {HOURS PASSİ WHILE GOZZ];
AND THE ∙AVIATOR SEARCH IN VAIN FOR
DOOR OLD SAMMY!
Oh! Shoot!
(GUESS ITS NO USE- He's NO
WHERE TO BE SEEN OR HEARD!
WELL I'M GOIN' UP AN'ASK OLD FARMER JERKINS IP HE HEARD A CRASH OR
KNOWS. ANYTHING ABOUT.
SAMP
HA AIN'T SEEN PUY-
THING OF A "TALE; SKINÚÍV GOY WITH ́A, FORNY "FACE HAME. YA, MISTER, JENKINS?
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HE FELL OUTA HIS
BLIMP RIGHT ABOVE YOUR FARM AN’· DOWN HE CAME,:
A-SHOOTIN
By Small
NOPE, I AIN'T}{1 DON'T ALLOW, NO
SEEN HIM-mi [AN": "TAIN'T FLIKELY "YOU'LL
FIND HIM. HERE
SHOOTIN' ON MY
PROPERTY!