1928-09-14 — Page 2

· HONG KONG AND SHANGHAI

行銀商工法中

*/ $76,000,000

BANKING CORPORATION.

Authorized Capital .................. farood and Fully Pakkep women $20,000,000 Beserve. Przés –

Burling

Bar

1,200,000 @24,000,000

Beserve Linility of Proprietors 836,905,000

HRAD OPPIOR: MONOKONO

COURT OF DIRECTORS 1.0

A. I. Comptes, Bag,

Chairman...

* K. Brown,, Zaq. Deputy Calimes

Mon. Mr. B. D. J. Batch,

1. 0, 0, B. Mackie.

W. L. Prilazdım. Soc. J. A. Flumisar, Mag.

X. 0, Woell, Esq.

W. H. Ball, Bog.

P. W. Kassay, Baji

U. F. White, Zag. Chial Manager Hon. Mr.. A. O. Hysa

:

RDANCHES-

ANOT MANIKOL

LONDON LIONS

MATAYIA

MALACCA

BOMBLY

MANILA

MOURDEN

VALCUTTA

CLXTON

CHEFOO

"OLOMBO

DAIDER

VIOCHOW

HAIPHONG

UAMBOBO

WANKOW

ПАЯНІН

BONGEZW

ILOILO

ТРОП

JOHOR

KOR質

KUALA LUMPUR

NAGARAXI NEW YORK PRRING

PENANO

RANDOON

-KALJON

BAN FRANCISCO

$AFHAI

SINGAPORE

BOUDSBAYA BUNDEI PATANI TIENTOIN

TOXYC

TSIKOTIO

YOKOHAMA

Parent Acronis opened in Local Curry and Fixed Deposits received for one quat or sker perinde la Local Corinty and teling wyer which will be quem3 an application. Hong Kong, 19th September, 193.

HONG KONG SAVINGS BANK.

The flakes of the above Bouk le conduc

d by the WWNOKONG AND BHANGHAI BANKING CORPURATION.

ukienki na application.

YOB THE HUNGXONO BANKING CORPORATION.

Buise may be

SHANGBAL

་

A. C. 11YN28,

Chief Manag

Hong Kong, th September, 1927.

NEDERLANDSCHE HANDEL MAATSCHAPPIJ.

<NETHERLANDS TRADING SOCIETY)

BANKERS,

Establimbed 184.

Ring Kong Ope(~11 Queen's Road Osatral. askorias Caplial. Qubders 180,000,000-

(811,600,000, Put Up Capital, Ouliders 0,000,000- (26,008,570.3 Bore Fund man ... Oulida 40,000,000

Head Ulics |--(AMSTERDAM*). Eater Head CNB063-DATAVIA DRANCHLES:-Beadjoemseln Bandong') Bombay,

Calcutta, Charbon, Jižní, Djembe, Pickarte), The Mageiroba, Kosa ladjo, Makasane, Keism, Faders Palembang, Pekalongan,

Pamang Pontianak, Bangoon, Bollardam').

Samarang"), Bhanghai, Bibolga Blogsport, (Szmatra). Beerakarta (Bale), Tegal, Tylinkjep

Weltevreden.") Tasse nëlokë kave' aslo 'daposli buses' to lei. Landon Packers-Nailons Provincial Bank Ltd.

Corespondents all over the world

Blending busisası of every

description usasaaled.

O. STERNSTRA,

Hoog Hoog. 29th August, 1928.

Hangse

BANQUE DE L'INDO-CHINE.

HEAD OFFICE:

90, Boulevard Haussman, Paris.

Subscribed Capital

Frs. 72,000,000.00

Paid-Up Capital....Fes. 68,400,000.00 Reserve Funds ....Fra.102,000,000,00

Hư

Lantlig

BRANCHES: Hanoi Quinhon Lathesbang Hong Kong Saigon

Mangtze Shanghai Lantan Nam-Dish Singapore Dubouti Fort-Bayard Papeate huhung

Tostane Viab Pnom-Penh Yunnanfs

Noumen

Tiantain

Poking

Pondicherry BANKERS:

BANQUE FRANCO-CHINOISE: pour la

Commerce et l'Industrie (Incorporated in France).

Prince's Building, Chater Bond, Hoar Kong.

HEAD OFFICE: 74, Rue St. Lazare, Paris. Capital fully paid up....Fra50,000,000 Special working capital..Frs.50,000,000 .Fr#.22,319,000

BRANCHES: Paris, Lyons, Marseilles, Saigon, Euphoi. Hanoi Tourane, Onlnhom Hue, Thanh-hoa, Viah, Pnom Penh,

Peking, Shanghai, Tientsin, Hong Kong.

BANKERS:

Paris et des Pays Bas. LONDON :—Midland Bank Ltd. .'- NEW YORK:-American Exchange

THE CHINA MAIL

CARRIERS DUTY.

SHIPPING COMPANIES AND

· DESTINATIONS.

THE PUNTA ARENAS CASE.

COMMERCE

AND

FINANCE.

more places than one of that name, They were certainly in a position to find out, and I think they should have made certain inquiry in a case like this, in which they are asked to carry goods half-way across the

FRIDAY, SEPTEMBER 14, 1928.

HONG KONG TIDE.

It is well established, and Mr. intended destination? Nothing was Hugh Jones han quoted several heard of this until Mr. Garcia went authorities on the point, that into the witness box. The imprens where there is a Intent ambiguity sion 1 took of his story was that it The tide table given below has been In a contract the parties are not was a very poor affort on his part obtained by aid of the Tide-predicting Ad idem and there is no contract,, to cover a slip he had made and Machine, which includes 40, componante so far the ambiguity had become that far from improving the poal for the better prediction of tides, from patent to the defendante, it was tion of the defendants in the mat the result of the analysis of the tider their duty to make further inquiry, ter it did the reverse. and by doing so in this case they The defendants, pending express observations, taken at the Kaulung might have prevented, any loss oc- direction to take the goods to Costa tidal observatory under the direction Rica or Chile, were bailess of the of Dr. Doberck during the years 1887, curring. S

goods. The conditions of the bill 1888 and 1880.

NO REFERENCE. ·

Instead of doing this, they took the risk, and a quite unnecessary

of lading did not apply to an un. The times and heights are given for authorised voyage to Costa Rica."

Kanlung; but they may be used for I hold the defendants responsible the Victoria Naval Yard and Aber-

world to a place which is certainly risk, of deciding. for themselves for the loss sustained in consedeen, the differences being very small. not one of the great ports of the what the real destination of the quence thereof. I accordingly give The times of high-and low-water judgment for the plaintiff for must not be considered to coincide $591.25 and costs.

with the times of slack-water": and change of currant, the two phenomena being quite distinct, ›..

world.

plaintiff's goods was.

All through the correspondence That neither the plaintiff (the

How did it happen that the goods shipper) nor the Dollar Steamship were taken to Costa Rica. That between the parties, and between FRANCE: Societe Generale, Banque Line (defendants) thought of the country is not mentioned in the bill the defendants and their agents at San Francisco, no reference is Nationale de Credit, Banque de Punta Arenas in Chile-the intend of lading. I believe the truth of made to the fact that the plaintiff

ed destination-and that the Dollar the whole matter is this: Line, as carriers, failed to ask. The defendants frequently carry consignment of the goods to Casta had in any way authorised the. necessary questions, was the view goods to Punta Arenas in Costa Rica. Mr. James, in one of his expressed by Mr. Justice P. Jacks Rica In fact they had another early letters to the defendants (Pulane Judge) when delivering consignment for that place shipped agents in San Francisco, admits judgment in the Summary Court in the "President Wilson," and that that his office should have check yesterday in the case in which place was probably in the minds ed the bill of lading more carefully damages against the shipping, com- of the defendants' office staff when and insisted on the name of the pany ware sought because some silk the plaintiff's representative called

country being specified. goods had been sent to Punta to make his Inquiry about freight. Arenas in Costa Rica, instead.

Irving Trust Co. Banca Commer

ciale Italiana. BAN FRANCISCO:~Bank of Italy.

Every-description of Banking and Exchange Business Transacted. Cor respondents throughout the world.

L. BERNIS,

Manager. Hong Kong, 3rd August, 1928

Mr. Lalchand Watanmal, trading as Watanmal Boolchand, silk mor- THE CHARTERED BANK OF chant, of Nos. 18 and 20, On Lan

street, sued the Dollar Steamship INDIA, AUSTRALIA & CHINA.

Line for $591.25 as damages for Incorporated by Royal Charter, 1855. breach of a contract in writing, dat HEAD OFFICE: LONDON. ed July 30, 1926, for the carriage Paid-up Capital

.£3,000,000 of certain goods to Punta Arenas, Reserve Fund

+£4,000,000 Chile, the goods actually being dis- Reserve Liability of Proprio-

charged at Punta Arenas, Costa -£3,000,000

Rica. Plaintiff alternatively claim- ed the money as damages for con- version, or for wrongful sale, or for breach of contract and duty in fail- ing to make inquiries, or for selling the goods without the knowledge or authority of the plaintiff.

tors

Agencies and Branches:

ALOR STAR

*(Malay Biala)

ANBITRAR

BANGKOK DATAVIA HUMBAY OLLOUTTA CANTON CAWNPOBE CEBU COLOMBO, DELHI

ПАРИОНО

HAMBUBO

HANKOW

TUNG TUNG

·ILOLLO ..

KUCHING

MADRAS MANILA MEDAN NEW YORK PEKING PENANG PESHAWAR RANDOON BAIDON

BENALLAKO

BERKEBAN

BHANGHAI

SINGAPORE

BOURABAYA

FLARUIN. Manchuria) TAIPINO

IPOU

HABAUHI

KLANG

дова

HOALA KANOBAR

Perak (...)

KUALA LUMPUR

TAVOY

TIENTSIN.

TOKYO

TONGKAH (Phuket)

TSINGTAU

YOKOHAMA

ZAMBOANGA

(Philippine Islands)

Foreign Exchange und General Bank-Arenas in Chile. ing business transacted.

Manager.

A. H. FERGUSON,

Hong Kong, 3rd April, 1928.

THE BANK OF TAIWAN, LTD.

September 14 to 20,*1928.

DAZE | HIGH Warne (Lower WATER. Stander Fit. Standard Sept.

Ht

Times 1

m 9:36, 7,4 | in # 34 | 38

Fri

14

130 22A | 1,5 | Bura 65.m 1.7

18

10 15 2.8 m 3:38 LA

19

40 B.b

2.0

RICE TRADE.

According to a vernacular report, much business has lately been done between local rice dealers and Jap- anese merchants. For this reason, the cost of inferior rice which was previously 84 odd has now increas- Sat. ad to $5 or $6 per picul

Formerly rice consigned Japan was ordered and shipped UNWARRANTED ENTRY;

Would he have made this ad-direct from Annam, Siam, Shang- The freight quoted was for that mission had he known that the man-hai and Wuhu, and little of the place. I do not believe that any ager of the freight department had business was done in the Colony. thing was said about Chile at already discussed the matter with Owing to the boycott in the that time. I do not believe it the plaintiff's representative, who northern porta, the business has Thurs 20 m 0 36,3 7 31 8.1 occurred to any of them to make had agreed that Costa Rica was the been diverted to Hong Kong. Inquiry.

MANIFEST PARTICULARS.

B/L. CONDITIONS.

11

for Sun. 10 m 10 5:||6,7 FA:441

Mon. 17, n. 11 15. +,1m 54 £6.

11 17a*1

0.0 Tam, 18

6.7 It 86

647 XS Wed, 10 0 88. | m-6, 30 2.8

It m

K DA8...

4.7

HONG KONG MARKET PRODUCE.

In the ship's manifest which, I understand, was prepared in the defendants' Outward Freight De- partment, from particulars stated on the bill of lading, I find a large consignment entered for Punta Arenas, Costa Rica. Immediately below it particulars of the plain-! tiff's, consignment are entered and in the column""headed "Final des plain-tination" the word "Ditto" has been Best Birloin

entered under the "Punta Arenas, Costa Rica" of the preceding entry. The defendants' shipping clerk, Taul Yung-on, awore that he made this entry and that he asked Mr. Garcia, the manager of the Outward Freight Department, about it.

WHAT OCCURRED. Mr. M. M. Watson was for tiff and Mr. G. S. Hugh Jones for defendants. His Lordship's judg- ment was as follows:-

as follow: In The facts are

received July, 1926, the plaintiff an order to buy certain goods and ship them to a customer at Punta He duly pur- chased and packed the goods, and Current Accounts opened and Fixed after seeing the Consul for Chile Deposits received for year or shorter and getting the necessary certifi- periods at rates which will be quoted cate; he found the next ship mail- on application.

ing for America was the defend ants steamship, "President. Wil

assistant son." The plaintiff's manager went to the defendants' office to make Inquiry about the freight for Punta Arenas. He did not mention Chile. He said that he knew of no other Punta Arenas. He was told what the freight would be and given the necessary forms for the shipping documents, which he took back to his office and had Central Bank in Formosa.

Alled in. The goods were put on issued Bank-Notes

Yen 45,000,000 board and the mate's receipt for Average amount ..

them was obtained. Subsequently BRANCHES AND AGENCIES: a bill of lading was sent to the JAPAN:-Tokyo, Yokohama, Kobe, plaintiff and the freight charges

Osaka.

paid. FORMOSA:-Giran, Kagi, Karenko, Keelung, Makong, Nanto, Shin- chiku, Talcku, Tainan, Takao, Tameel, Toen, Holto, Taito. CHINA: Shangbal, Hankow, Amoy,

Foochow, Swatow, Canton.

Singapore, OTHERS: Hong Kong,

Batavia, Soorabaya, Semarang, Bombay, Calcutta, London, New York, Dairen,

(TAIWAN GINKO).

HEAD OFFICE:-Taipeh, Formosa. Incorporated by Special Imperial Charter, 1899.

LONDON BANKERS:

Parr's Bank.

The London County Westminster and

were

WHY GOODS WERE SOLD. The plaintiff's assistant manager said that when he made his in quiry about freight he was not in formed that there were two places called Punta Arenas, and he did not insert the word Chile in the bill of lading. The goods eventually sent to Punta Arenas In Costa Rica and were not heard The Bank cirespondents in the Gommerdal of again, by either of the parties Camaran be, the European Continent, Bund, as to this action, until March, 1927, shuria Talaglas Japan Afrin, U.S... Austral when the plaintiff was informed by

Indy-China, Sia, India, Philipplas Denda,

Interms allowed on Current Accounts, and his customer in Chile that the goods IN FRANCE: Comptoir National | Deposiim at rates which will be quoted on applic|had not arrived.

The defendants were at once in- d'acompte de Paris; Credit Lyonnais; Degodia in Ian can be accepted.

J.' IHARA, Banque de Paris et des Paya-Banj

Manager. formed and inquiries made. As Credit Industrial et Commercial; Bocista

the result of those inquiries, it Generale.

transpired that the goods had ar rived at Punta Arenas, Costa Rica, and after lying in a warehouse there for about six months, had been sold on February 24, 1927, to cover storage charges.

IN LONDON: The National Pro- racial & Union Bank of England, Ltd.; Comptoir National d'Escompte da Aaria; Credit Lyonnais.

IN NEW YORK: J. P. Morgan & Co French American Banking Cor- poration; Guaranty Trust Co. of New

A Dra

Interest allowed on Current Accounts and Fixed Deposits according to arrangements.

Every description of Banking and 1xchange Business transacted. Bate Deposit Boxes to let.

CH. LEM,

2 Manager.

Hong Kong, 28th August, 1929.

LIMITED.

Established 1880,

HONG KONG BRANCH:

Hong Kong, 22nd September, 1927,

8, Des Voeux, Road Central

THE BANK OF CHINA.

行銀國

(Specially Authorised by Presidential Mandate of the Republic of China on the 22nd of November, 1917).

Authorised Capital

$80,000,000.00 Paid-up Capital Beserve Fund

Ltd.

New

18,278,800.00 9,629,425.24

HEAD OFFICE: PEKINⱭ.

HONG KONG BRANCH:

4, Queen's Road Central,

The plaintiff has brought this action to recover the loss he has sustained by reason of the goods being carried to the wrong place, LITTLE SYMPATHY.

In confess that at first I felt little sympathy for the plaintiff. To my mind he neglected a very ordinary precaution in omitting to state the

It would appear therefore that the unwarranted entry in the manifest was not due so much to the carelessness of the clerk as to that of his chief. Mr. Garcia, In his evidence, stated he knew that there were two places called Punta

Arenas.

FUTILE STORY.

Н

APPROXIMATE RETAIL PRICES.

Rutcher Meat.

Steak Sirloin

28

Japons, Large

Duck

Doven

Egg Hen (cooking).

Fun, Hen (fresh)

Powis, Canton

July, 20, June, June,

1928. 1918. 1916.

Cta. Ct. Cte.

13

24: 12

Prime Cat:

23

12

Corned

-

28

13:

Chicken Caponi, Small

Roast

牛肉

28 24. 22

t

Breast

24. 2018

Soup

26 20 18

Steak

80

36:

40

20 20

per set 15

10

12

Fowla, Hainan

Tongue, frish.

each-85

Tongue, corned. Hard

60 60

60

Genze

Heart

H

Hump, Balt: Feet Kidneys Tail

Liver'

Bausages (.. Bullock's Benina

#

Tripe:

He went further and stated that he remembered being called to the counter when the plaintiff's repré- sentative made his inquiry about Calves'. Head & Feat. – 454 freight for Punta Arenas, and that Matton Chop when he inquired which Punta

Leg Arenas, he was asked "To which Punta Arenas they consigned goods most frequently?" On his stating g's Coftlinge Punta Arenas, Costa Rica, he was told that "That was the place.”

!

21

#4

Shoulder Siddle

新鲜粉

$1.20 $1.20

24 181 14- 84 20 18

esch 8 10 11

18 10 11

13 10- 21

24 1814

Pigeons, Carton:

Hothow

Turkeys, Cock Turkeys, Hen

Snipe

Pheasant

Quail Partridges

set-$1.20 $1.00-$1.00 -

7 87

b.

46. 28

46 28

44 24

Almondr.

Apples (California) Bononas (bride's) Carambola-

Coosanuts

Lemons, China

Poultry.

July, 20, June, June,

1928, 1918, 1914.. Cia Cia Ct

Ib.

40

4580 28

80

28 80

20

DE INNER BESESÜ MA

CR#

esch 80 22. 21

per doz. 8018-

M

85

25 20

15.

80

86 24

45

$6

40.. 24.

each.. 60

bb...

each

ཐུའ་བྷ་ཤྩ ལཤྩ།། །བའཐ་མ།།

Fruits.

.70

Bixing

Per set 8

*24 24

Feet

5

Bry

1 18

13

Head

each 14 10 10

Heart Kidneys

each 15

1010

1.

10

15

10

Lemons (America)

each

Liver

48

80

24

Lichees, Dried

25

23

Oranges (Canton).

三枝汗

60

24

86

Oranges i

40

60

24

81

Pears (Canton) Peanuts

12

per met 90

60

70

Persimmons, Large

each 19

8

-16

22-10

44

26 26

20:25 23

Grapes

30 20 18

25

20

20

82

His Lordship continued:-This | strikes me as a futile story and must have seemed unconvincing to a shipping officer of Mr. Garcia's experience. Such an incident, if it did occur, should have crossed Mr. Garcia's mind when the ques- Pork Chop tion was again put before him by the clerk who was preparing the manifest, and even if it did not, the fact that he knew of another Punta Sheep's Head & Feet Arenas should certainly have put

him on his inquiry.

A GREAT RISK

34

**LÆR

+

Lain Fat or Lard

N

Heart Kläneys Liver

****

Mutton

Bausages

Fish.

26 1024

I cannot believe his story of Sucking Pigs, to order. what took place at the counter Snet, Beef If anything of the kind did occur. it was all the more reason for Veal covering himself by insisting on something further being put in the bill of lading, or obtaining some written direction from the plaintiff on the matter. I believe that the fact of there being an-Barbel, other Punta Arenas than that in Costa Rica did not occur to him canton Fresh at the time. In any event he was wat taking a great risk in inserting Carp in the manifest something which Catah was not warranted by the bill of Codash lading.

Crabe

It is tras that the bill of lading Cattle Fish is ambiguous and that the am- DAS biguity was a latent one until It Date came to be acted on, but It began Dog

Fresh Wate

Frogs

Branches and Sub-branches all over name of the country to which he to be acted upon when the manifest ve, Congr China and Correspondents in Europe, was consigning his goods. It may was being prepared and there was THE YOKOHAMA SPECIE BANK, America, and other parts of the world be true that he only knew of one still time to have the matter cleared

London Bankers: The National Pro-Punta Arenas, but it is a compara-up before anything serious oc vincial and Union Bank of England, tively little known place to people curred.

The Guaranty Trust Company of dwelling in this part of the world. Mr. Watson, for the plaintiff,

York.

On the other hand the defendants, quoted the case of Walker v Jack- New York - Bankers: The Irving from the nature of their business, son, (10 M and W151), in which it Yen 102,500,000 National Bank.

might have known that there were was laid down by Baron Parke, as

Labrus he then was. That as a general"

Loach rule if anything is delivered to n person to be carried, it is the duty of the person receiving it to ask Hon such questions about it as may be

Hall necessary."

Capital (fully paid-up) Yen 100,000,000 Reserve Hund

Batavia

Head Office:-YOKOHAMA” Branches and Agencies ass. Alexandria.

Newchwang. New York. Omaka Poktug. Rangoon Rio de Janeiro Saigon

Hombay

Ruanos Ayres.

Calcutta.

Canton

Changshum

Deizen (Dalay):

San Francisco..

Fengties (Mukden). Seattle.

Hamburg

Alanko

Harbin

· Hong Kong, y

Monolulu.

Kabe

Londen

Los Angeles.

Lyona.

Manjia

Nagezakt, ES

"Nagoya,

Semarang Shanghal Shimanai.

Tsingtau. Vladivostok,

(Temporarily.

Intereat allowed on Current Accounts.

Deposits Tocuyod-for: "fixed"

at rates to be obtained-

The Equitable Trust Company of New York

Interest allowed on Current Accounts and Fixed Deposits. Terms on applica- tion

Every description of Banking Busi dess transactodes IMAT

THE BANK OF EAST ASIA, LTD.

Loans granted on approved securities. HEAD OFFICE: HONGKONG, Special facilities for Home Ex-10, Des Voeux Road Central, Hongkong. change.

SHOU J. CHEN,

Manager.

Authorized Capital...$10,000,000/- - Paid-up: Capital: 1:24. 295, 5,000,000.

De Razorzeka

1.200.000 BRANCHES AND AGENCIES:

Melbourne ~ San Francisco Nagasaki Seattle 49

THE BANK OF CANTON, LTD. Batavia

Established, 1912.)

Head Offers-Hong Kong.

Aminarland Capital (8.82 Ourenst) ~$11,000,000 Pall: Up-Gapin

sakarinatuma: 1,05300

L30.000

Free Danton, 2-Bhanghai, S. Hankow, Kysłowi

SES, CARA, OURRESPONDANTS.

Bombay Calcutta

New York Osaka)

Parlar

Peking

Canton - Haiphong Honolulu Kobe Kowloon Rangoon London: Safron Manila Shanghai

Correspondanta in

Forsiga aanklage and falburkoalasin of Ene

"LOOK POONG BHAN,

Semarang Bingapore Bourabaya:

Taipeh

LA ROOT OF DISPUTE.

*

27

Plantain

Parelo, Sain

Walnuts

Vegetables,

As tichokes

Beans, Sprout

Long

Beet Boot

Bitter Squash

Brinjals, Green

Red Cabbage, Chinesa

Cane Supeta, bunch

Cauliflower (Large) (1.

(Bedizzin).

(Small)

Celery, Chinesa

23 28

29 16

20

Carrote

(Shanghai)

Carry, Star, Engli

Cucumber

Gürle

Gingir, Young

banghai.

Indian Cor Lettuce

Water Chástniste:

Mushroom Fresh

Oyat

Parrot

Onions,

This rule was adopted in the later Perch case of Lebeau v General SteamPike Navigation Co., (LR 8 CP 88), in which Mr. Justice Brett, afterwards Lord: Ether, referred to.. Parko "As a master" in the art. laying down general propositions Mercantile Lawre

In my opinion the fallure of the defenda

to make

quiries

was

time

ared.

roof of the dispute whi

Brisen here By decidi

selves that the good

Costa

quf

resp

桂林鳳路:

Hong Kong 11th Septe

Hone Lone 194T

Hongoug