||
MYSTERIOUS LOSS OF DIAMONDS.
יד
(Continued from Page 1.) kill is imputable to him as gross negligence."
Plaintiff's Case,
THE HONGKONG. TELEGRAPH,
When the case for be plaintiffs was closed, Mr. Potter, K.C., who appeared for the defendants, submitted that there was no case, But as it might possibly become le called my attention to "Giblin of importance in the event of an, Melullen, and relied strongly appeal, I think it well to deal with the evidence adduced as to whether a passage from the judgment of Lord Chelmsford, who gave the the defendants were gratuitous judgment of the Board, which is baflees or bailces for reward.
to the following effect: If, therefore, the plaintiff's evidence 'n this case was such that it fell The plaintiff, Louis Kornitzer, ghort of proving the bank to have of stated that by an arrangement be- been gulity of that species tween himself and the other plain-negligence which would render to tiffs, he was to act as a salesman an action, he (ie. the presiding of precious stones in China and Tudge at the trial) ought to have the East, and that for the purpose withdrawn the case from the jury of facilitating his business he and directed a non-auit," And a opened an account in August, 1921, little later on, in the judgment, with the defendants. He says Lord Chelmsford puts the question that he informed M. de Brog, the which was under the considera- cashier of the local branch, at the tion of the Court in the following time of opening the account, that terms, "Did the plaintiff, then, give hia Antwerp correspondents would ny evidence of the bank having Address packets containing valy-been guilty of that degree
which renders. ables to him c/o the local branch, négligence And that he, Loule Kornitzer, gratullous ballee liable for the loss adopted this method of prozedure af property deposited with him?" because he had no settled place of business in langhong and wished to avoid any question as to the
It was further argued on behalf condition in which the packets of the defendants that "Giblin v. were received. I have not been McMullen" was a decision of the able to read this statement, and Privy Council and bound this others of a similar kind, to mean ourt, even if there were decisions that Louis Kornitzer opened an to the opposite effect of the Account with the defendants and English Courts, that a term of the arrangement
Privy Council Decision.
of
n
inware
MONDAY, FEBRUARY 10, 1930,
MUTINY.
STAGE A RIOT.
1
HOME FOOTBALL..
RESULTS OF SATURDAY'S MATCHES:
}
The results of Saturday's Home foolball, as cabled by Reuter,
were:
villa
AVINGROUTA
First Division..
4 Everton
3
*Liverpool,
bianɛnesier C.
Newcastia
WEULEBURY West Ham
$ avversfeld
5 bunueriand
1 Lecomt
0 Dinuchuster U. 296 Birmang tamaa
3. Dukeius. U.
Teruy Burnsey
2 Grimsby
Second Division.
Barnsley
brauford C. bury.. Charlton
1 Fresson N.B.
§ bruatord
1 biiliwali
Larison
Hull
Mulle. Forbet Udasin
Stoke
SEOMETRIAL ST
Wolves
* West. Dron,
4 Reading
© Lottenna IN
a Southampton
1 nutum county
1 Cardif
1 Bristol C
Third Division (South).
particular matier and at that CHINESE CONVICTS particular moment of time proper care was taken. No authority had been cited for such a proposition as that. It was enhancing the burden of proof upon a defendant SEVEN HUNDRED PRISONERS to an absurd extent if he had to prove not only that he had taken reasonable care but also that hej know how the loss happened." In "Bullen v. The Swan Electric OUTBREAK QUELLED. Engraving Company" the defen
A serious outbreak at the Zau | Arsenal !*. dants were held to be gratuitous ballers but in my opinion at least Oo Ching prison, in Lunghwn, an equal responsibility would be near Shanghal, was averted recent- imposed on a bailee for reward.ly by the timely arrivai of rein. This particular aspect of the forcements In the persona of liability of a bailes is also fully soldiers and police constables. more dealt with by Wright J. In the The convicts, some 700 in number, course of his judgment in "Gosse angered over the prison fare, y Canadian Government Mer-started a mutiny and for a time chant Marine."
were almost in complete control As I have said, the defendants of the prison. admit the receipt and loss of the
According to information ob. particular packet of diamonds intained later by the prison officials, Blackpool question in this case but they say the convicts were incited to ma- that they are unable to state how tiny by one of their number, an and when the loss occurred. But they lieged Communist, who is "stat- called a witness, a M. Piguet, who ed to have led the other convicts was from August, 1920, to about to believe that the fare in other July, 1921, correspondence clerk to Chinese prisons was better than the local Branch, Then he was
that given them. few A second accountant for
The officials of the prison were months, became cashier in May,
that the convisls were 1922, and remained in that posi-grumbling and
were dissatisfied, tion until he went on leave some time in 1924. He stated that the but the riot was held at a time correspondence clerk dealt with when they were unpreputed for it. the mail received by the local At a signal from their lender, the branch itself on behalf of cus-convicts, whilst in the messroom, tomers. If a registered parce! rose in a body, seized furniture or arrived for a customer, care of the anything they could lay their the prison locul branch, the correspondence hands on, If the mere alleged loss of an clerk would give a receipt to the guards, destroyed property and was that the local branch should article, unaccompanied by any postman and then place the parcel attempted to smash their way out receive and keep safely all packets xpamtion of the circumstances inside a compartiment of a safe of the place. addressed to him to their care, tendant upon such loss, raises The chief accountant kept the key sent in to police and to the mili A telephone call was hurriedly which atood in the general office. though it is clear that one of the
no prima facie case ngainst a ront which, in addition to busihailer, then I am of opinion that of this safe and the compartmentary, the result being that within
above referred to was kept locked, a few minutes about 100 armed Chesterfield neas considerations, induced him sught to have held that there was
If mail arrived in the absence soldiers and police arrived on the to open an account with the de-
13<3 case for the defendants to
The convicts, however, at fendants, was the convenience and.
UTSWOL A first sight it would, the chief accountant, it was scene. security of having packets ad-ppear as ir affirmative evidence placed on the top of the safe ar first were inclinded to battle the on his desk because he always kept soldiers and constables, hij after dreased to him at the local bränch.
of negligence must be given, ac- the key of the compartiment above a number of shots had been fired
ording to the judgment in "Giblin referred to.
in the air they aubsided and . McMullen" but in that case all
sullenly gave up the struggle. It was also argued, on behalf of the fuels relating to the keeping
Access to Safe.
The soldiers and police, fearing the plaintiffs, that the defendants of the box of securities belonging
M. Piguet stated that this last were builees for reward in canse--the plaintiff and deposited with mentioned procedure probably another outbreak, stood by dur- quence of what Louis Kornitzer he defendants in that ease were accounts, for the statement made ing the rest of the day and all of calla a "verbal understanding." Shown to the former and provedby Louis Kornitzer as to register the night. The following morning that he should do T.T. business is part of his case. These facised parcels being taken from the portion of the soldiers and police through them. But when the vere such na to negative negli-top of the safe and handed to him. were withdrawn. evidence on Lila point is looked at,] rence in the ballees and con- The probability was that the chio it is clearly seen that there was equently no presumption could accountant was busy, when the the only witness whose comence no binding agreement by Louis rise is would in a case where the parcels arrived and so the corres Kornitzer to do this clans of busi balle merely stated that the pondence clerk may have placed defendants, article deposited was lost and con- the parcels on the top of the safe, ness through the Louis Kornitzer only states that he descended no explanation of the awaiting the attention of the chief promised to give them as much circumstances under which the accountant, business as he could, provided the oss occurred or might rates of exchange offered by the reurred. focal branch, were not consider- ably higher than those of other .bunks.
T.T. Busiņėse.
have
T
I
attacked
Bournemouth Brentford brightn Bristol R." Clapton 0.
"Ereter
Glilingham, Lulon Northampton Southend Merthyr
1 Walsall
Watford
5 Newport
2 forquay
3 Coventry
Norwich Plymouth"
1 Queen's P.It.
2 Crystal Pal.
1 futhom
Swindon
Third Division (North).
7 Barrow
3 York
I Stockport
Carlisle
t'rowe Halifax Lincola Nelson
3 Darlington
1 Doncaster
2 Port Vale
Rochdale
2 8th. Shields
-2 Accrington
Rotherham Southport Tranmero
Wigan
Airdrio
Ayr
2 New Brighton
7 Hartlepoola
2 Wrexham
Scottish League.
Clyda Cordenbeath Dundee Hamillon Hearta Morton
Queen's Park tangera "Unplayed,
2 Motherwell
0 Falkirk
Hibernians 2.St. Mirren 2 Celtic
3 St. Johnstone
• Partick
1 Aberdeen
-Dundee U.
4 Kilmarnock
"K
uld be of assistance; the evi dence of a M. Korwin, who in Octo- ber, 1922, and subsequent to the loss in question in this case, caine to the Bank as sub-manager. M. Piguet went on to say that had also been taken de bone esse' If there were any registered but it was not read ay said no pareefs on top of the safe when the more than M. Piguet doposed to. NANKING EXPLOSION. luncheon or closing hour arrived, In any case, there is nothing to they would be placed inside the show that the employees who were If the argument is correct that safe and the outer door of the not called could have given any The evidence show that TT. "Gibb, v. MEMullen" requires. business to the extent of 9,000 that in all eases brought by the safe. would be locked by the chief material evidence, and I see nu
Recountant. If the registerul was put through by the defendants bailor against a hailee, the former pureel was too bulky to be locked reason for disbelieving the state- for him, but on the other handļ raust give afirmative evidence of up in the safe it would be placement mado on behalf of the de-
evidence that it was never in cons.
"
Possible Hardship.
1
fendanta.
I am of opinion that the pro-
CITY MUNITION DEPOT BLOWS UP.
Nanking, Feb. 8.
A munition depot on Huayenkan
o'clock this afternoon.
There were no fatalities but more than ten people were injured
The cause of the explosion ka not yet been established-Reuter, Consulate Damaged.
Louis Karnitzer remitted $181,000 negence, then the position of a in the strong room. He also gave to Antwerp through four other bailor la one that may involve him evidence to the effect that during banks in Hongkong. No claim has in great hardship. In most cases banking hours no one except the cedure adopted by the local branch Hill, in the city, exploded at two ever been made on behalf of thet be may only prove the delivery to sia of the bank had access with regard to the handling of re-i defendants that all T.T. infsiness the hailee and the fact that on the safe in which the registerel gistered mail received by them on should have been done through and the article deposited was mail was kept and that, no stranger behalf of customers was a reason- then and it is clear, from theot returned, the facts attendant could have approached it withoutable one and shows that they act through the collapse of buildings | templation of the parties that the majority of cases, only be known general office.
on the foss can, in the great passing the clerks at work in the ed with care and prudente in the nearby..
carrying out of the responsibili- defendants were to be the sole the bailee. A bailes neel only
M. Piguet further stated that at ties imposed upon them by the agents of Louis Keruitzer for this all loss and if the ballor can no time did he have reason to law. I can see nothing in the case purpose. He used their services! as well as those of other banks, to give affirmative evidence of suspect any member of the stall to affect them with grass negli
gence or with any absence of the "Bult his own interests and con-ligence. The latter must be of dishonesty.
Unfortunately, M. held to have failed in his claim.'
Prudhon, care which & reasonably prudent venience.
If such is the law 1 must apply it, who WAN correspondence clerk or careful man would have taken regardless of hardship.
when the lust packet was
reif the packet, lost had been his Bit apart from "Giblin v. Meceived, is dead, but it was argued own. Though the defendants did re- Malien." and even that ease does that there were other employees fendants have discharged the onus
plainti
I hold, therefore, that the de- ceive benefit from this source, it not, for the reasons I have given, of the defendants, French, Por-thrown upon them, on the princi- HO CHIEN'S “TERMS." was not the result of any agree seem to me to impose such a ment and was independent of the serious disability on a bailor, the tuguese. Chinese and Anaamite ple laid down in "Bullen y. The permission given to Louis Korilt-authorities to which reference is at the local branch at the time of Swan Electric Engraving Company" zer to have packets sent to him made below, appear to me the loan, who might have been (supra) by the admitted loss of from Antwerp, addressed to him establish the rule that where only called, or whore evidence might the parcel of diamonds in question c/o the local branch and cannot, the fact of loss is known to him have been taken on commission.
in these proceedings, and that they therefore, be eansidered as con- that this may be prima facie
The answer of the bank to this
favour with costs.
Not a Consideration.
to
on
behalf
the of
sideration given for the receipt by evidence, of negligence on the part criticism is that they have called are entitled to judgment in their
the defendants of packets address ed to Louis Kornitzer at the local branch.
of a bailee and at least call upon bin for an explanation.
•
A Lost Dog.
an
Was
I hold, therefore, that in re- spect of the arrangement us to
In "Phippa New Claridge the receipt of packets come to be- tween Louis Koritzer and the de- Hotel Limited," a guest at fendants, the lawër were gratui hotel had entrusted three dogs to tous ballees of any packets ad- the care of the defendants. They dressed to Louis Kornitzer c/o the were put in a room which local branch and received by them, locked and the key remained in The only evidence given la sup- the possession of the defendants' port of the plaintiffs' „cuse of servants. When lafer in the day gross negligence, if the defendants the plaintiff sent for the dogs, one are gratul us ballees, or if lack of them was missing. Bray J. In of ordinary and reasonable care if the course of hla judgment is they are bailees for reward, was reported as saying "When it was inability of the defendants to de- once, proved that this dog liver the packet of diamonds in placed in the defendants' custody question in this action when call- ag an ordinary bailment, it was ed upon to do so, because of its their duty to show some circum- alleged loss, and the absence of stancea which negatived the iden any explanation by the defendants of negligence on their part. No as to the circumstances attendant | such evidence had been placed upon such loss.
.!
The Safe Question.
before him."
Proper Care.
was
In the course of his evidence, In giving the judgment of Lou's Kornitzer also mentioned | the Court of Appeal in "Bullen v. the act that in the case of other The Swan Electric Engraving similar packets received by the Company" Sir Gorell Barnes snið local branch on his behalf, he had "Thes were left, therefore, to the noticed that op one or more oc- consideration of well known cations, when he called for a principles of law. One of these packet, it was on the top of a safe was that a gratuitous ballee must in the general office of the local show that the loss occurred branch, and was handed to him through no want of reasonable from that place, but he did not care on his part-that was to say, allege that this method of keeping as much care as a prudent man a packet handy to deliver to him would use, in keeping his when he called for it was negligentnroperty. The plaintiff's conten or bowed any absence of care, tion was that the defendants must nor did he, when he observed what show that the loss happened. In was being done by the local some way they could account for branch, raise any objection. and that in relation to
own
fi
©1929 MA SERVICE (LC-
that
"Hey, Chimmie, here's a better one, with sparklers."
Some houses in the vicinity of the factory were wrecked and some slight damage was done to the British Consul General's house. -Naval Wireless,
FINANCING ANTI-KWANGSI
EXPEDITION.
Hankow, Feb. 9.
Two Chinese military bombing!
planes, the Shanghai and the Kiu kiang, left Hankow this morning for Canton.
General Ho Chien, who has been ordered to assist the Cantonese. against the Kwangsi rebels bas r quested Nanking to pay him $300,- 000 a month for troop mainten- ance, and also to provide 600,000 rounds of rifle ammunition and 60,000 rounds of machine gun -ammunition,
He states that he cannot or- ganise the expedition without an, ample supply of money" and ammunition.
SHANSI AND NANKING.
GOVERNMENT ASKED TO PAY FOR TROOPS.
Nanking, Feb. 9. The Nanking Government has been informed that an important military conference was held by the Shansi leaders yesterday and that a second meeting will take place to-morrow,
It is stated that Marshal'Yon Hat-shan will demand a huge sum for the maintenance of the Kuo- minchun and Shanai troops.
An anal dividend of fifty cents per share for the year 1929, has been recommended by the, directors of the Hongkong Tramway Com pany, Ltd.
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