1936-07-14 — Page 9

BANK DEPOSIT CASE VERDICT FOR NATIONAL CITY BANK

TAXED COSTS ALLOWED OUT OF EMPLOYEE'S PROVIDENT FUND

Judgment for the National City Bank with costs was award- ed this morning in the Summary Court by Mr. Justice J. J. Hayden in the action between Fung Kui-hoi, plaintiff, and the National City Bank of New York and Lai Sin-chow, defendants. in two actions instituted as a means of recovering the sums of $1,000 and $700, respectively, plus interest, being the balance al- leged by the plaintiff to have been deposited by him in the Sav ings Department of the Bank on June 30, 1927, and October 5. 1927, respectively.

In his final summing up His Lordship said: "I order that the Bank be entitled to deduct their taxed costs from both actions from the money in the Bank's hands belonging to the second de- fendant. in respect of his provident fund, before being called upon to account for it."

Mr. McCallum appeared on behalf of the plaintiff, while Mr. į D. H. Blake, of Messrs. Wilkinson and Grist, was for the first de- 'fendant, the National City Bank of New York.

The following is the text of thejat the age of 31 and remained there for 20 years. during which judgment:-

The plaintiff has instituted the time he carried on the business of: above two actions with a view to ja

laundryman.. During this recovering from the first defe period he accumulated certain dants, the National City Bank of money which he remitted to the New York (hereinafter referred Hong Kong office of the Hong to as the Bank) the sums of $1,000 Kong and Shanghai Banking Co

He returned to China and 700 respectively plus interest,poration.

who was

money

THE CHINA MAIL, TUESDAY, JULY 14, 1936.

UNUSUAL FACTS REVEALED

EDITH FELLOWS emens a pet white cat who stopped : So. Pacific train. The rat got loose; people screamed, and the Fullman conductor brought the tram to a halt, thinking munder was being committed.

-by "Movie Spotlight"

·MELVYN DOUGLAS, Columbia star. is an inveterate coffee, drinker. He drank 12 cups of coffee a one sitting upon his return from location.y

MARY ASTOR began her scen ccer playing the

·lead in a semes

of doe-med fikus based upon famous painbogs-the fist of which was Mona Lisz

An omon a day was eaten by the cast! of "And So They Were Married to pr-1 vent colds winle on location at freeing Lake Tahoe. The tears invoked by the omons probably tumed into icicles

Melvyn Douglas, Edith Fellows, and Mary Astor are in the Columbia production, “And So They Were Married," which will be shown at the Alhambra Theatre to-morrow.

ENGINEERS

CRICKET

COL Kirke & Hoddinott Head Averages

Col. Kirke, with an aggregate: of 332 runs for 10 innings, twice not out, and an average of 415, headed the Royal Engineers' bat- ting averages last cricket season. His-highest score was 76. Staff Sergeant Collins was second with 17.14.

Spr. Hoddinott headed the bowl- jing averages with 59 wickets for 10.49 rùns apiece. Q. M. S. More-

tan was second with 27 wickets a:

a cost of 11.41 runs each.

During the season the Sappers won 12 of their 26 matches, lost 10 and drew four.

K.C.C. BOWLS TEAMS

Matches Against Dock And Electric

The following are the lawn bowls League teams Saturday:

K.C.C

for

1st Division v Kowloon Docks (at

K.C.C.).

H. Gittins, W. Geall, E. C. Fincher and J. Fraser (skip).

Goo. Lee, L. E. Lammert, F. Good- win and A. Hyde-Lay (skip).

R. P. Phillips, Overy, N. J.

| Bebbington and R. G. Craig (skip).

2nd Division Electric (at Electric),! A. Fletcher, W. Mulcahy, J. M.

Jack and V. C. Labrum (skip).

L. Jack W. W. Hirst, T. "W. Carr and S. J. Houghton (skip).

J. S. Dinnen, A. Nissim, A. Spary

being the balance of two sums of 14 years ago and since then has there in farming. $2,000 and $1,200 alleged by the been engaged plaintiff to have been deposited On arrival in Hong Kong from by bim in the Savings Department Canada he withdrew his

The Plaintiff's name writ-money was not ready, and states of the Bank on the 30th June. (from the Hong Kong and Shang-side. 1327, and the 5th October, 1927, hai Bank and lodged it on deposit ten in ink appears on the respec- he accepted the loan as he was The in a great hurry to get back to the respectively. In the alternative receipt in the Bank at its then tive covers and also inside.. the plaintiff's claim is against the premises in Hong Kong in two Bank's witness admits they are country and could not wait. Fur-

a sums, one of $2,000 and the other similar to books which the Back ther, plaintiff said that at the and A E. Silkstone (skip). second. defendant.

ago time of the loan second defendant clerk in the employment of the of $1,600, and obtained from the had in existence some years

Plaintiff's case rests upon his (plaintiff's) own Bank, for false representations Bank deposit receipts for these but that they are not the present did not mention anything about

The Bank form of Savings Department book interest on his

own evidence, no other witness made by him to the plaintiff that respective amounts.

I conclude money. he had authority to receive on beadmit the two deposits vide para-issued by the Bank.

He varied his version again and having been called.

in On behalf of the Bank Mr. half of the Bank the two sums in graph 2 of their solicitors' letter from the evidence that the books

to plaintiff's solicitors dated 10th in question are similar to the type repeated what he had said

about the Church, the local sub-manager, question.

of book which the Bank issued in cross-examination The second defendant did not March last.

1927.

second defendant telling him that was the only witness cailed. Mr. appear to defend the actions:

the interest would be more at the Church's knowledge is derived ad- Sums Withdrawn money on deposit Plaintiff alleges that since the end of the year and advising him mittedly from the Bank's records Mr. Church count in the Bank for five dates of the respective deposits in to come for the money then and as he was not in Hong Kong at Authority Denied years and collected his interest the Savings Department of the that in addition he (second defen-any material time.

Bank dant) told him the Bank's money states that the Bank's records dis close that in 1927 there were fixed all thereon at the end of each year. Bank he withdrew in the

deposit The Bank admit that at

receipts

plaintiff's material times the second defen-Further he mentions that during premises the several sums shown was not ready.

No Complaint Lodged dant was in the employment of this period he became acquainted in Exs. "A" and "B" on the se

Plaintiff states he did not lodge name but that these have been

that since June, įpaid and the Bank but deny that he had any with the second defendant through veral dates shown therein

the money his (plaintiff's) frequent visits to that $1,000 was the balance to his a complaint on hearing that the there are no records in the Bank's authority to receive in question or to issue the two the Bank, that they exchanged credit or the 2nd May, 1933, in Bank's Toney was not. ready and books in plaintiff's name. Further Savings Department books (Exs. names and that he discovered se-respect of the deposit of $2,000 that he did not understand what Mr. Church states there are no re-]- was second defendant meant when he cords in the Bank corresponding cond defendant came from the vide Ex. "A" and that $700

the said the money was not ready nor with the entries in Exx. “A” and he. Plaintiff the balance to his credit on district |same were issues

He said he and that the employment re- denies that second defendant is a 11th January, 1934, in respect of did he ask him why.

as second cord shows that from 1927 the se- clansman of his and says that al- the deposit of $1,200 vide Ex. "B" was not made uneasy

By agreement the evidence in both cases was taken at the same the time.

"A" and "E").

The following framed:-

(1) Had second defendant au-

the Bank premises;

to receive on

moneys in question;

Left For Five Years Plaintiff states

he

left

ac-

to

ceipt books in question.

and!

In

1927

entitled to recover from the Bank tions to take the sum of fixed de-/fendant, who took it inside and money to plaintiff's credit, that it could not have seen, and that in

actions.

in China and is illiterate, finding

it difficult to even write his own

name.

He emigrated to Canada

thority to receive money for and (though they come from the same Plaintiff says that since the 2nd defendant told him to return to \cond defendant was employed in on behalf of the Bank in or upon district in China their respective May, 1933, and 11th January, the Bank at the end of the year the Current Account Department 1934, respectively, he has not when the money would be ready of the Bank with the exception of homes are far apart.

withdrawn any sums from eitherland that he could have it then- a few months in 1933, when be According to plaintiff's version

Saving Department account and This certainly is an extraordinary was in the Bills Payable Depart- (2) Has the Bank held out to

customer in the the second defendant suggested to

that the balances shown plaintiff, as a

in Exs story and is difficult to believe, ment, and that his duties in the on the respective when ordinary course of business, the him that he should take his money" and "B"

one remembers that the Current Account Department were second defendant to be authorised off fixed deposit and lodge dates are now due to him by the reason plaintif gave for placing those of junior clerk posting a their behalf the the Savings Department of the Bank, plus interest at the rate the money in the Savings Depart-ledger and that second defendant Bank in order to facilitate with mentioned in the two deposit re-ment was that it could more had no authority to receive money

money, or part

readily be withdrawn than when on behalf of the Bank or to issue (3) Did plaintiff on or about drawal of the

Plaintiff admits that his entire on fixed deposit.

Ex. "A" and "B" and that these the 30th June, 1927, and the 5th thereof, by plaintiff at any time in From plaintiff's

dealings in connection with the On the 31st December last at-two deposit receipt books as writ Bank at its premises in Hong evidence and the particulare con two sums in the Saving Depart-cording to plaintiff's story he at- ten up have not been issued by October, 1927, deposit with the case of need. Kong the sums of $2,000 and tained in his solicitors' letter

the Bank's solicitors dated the 28thment, including the various with tended at the Bank premises for the Bank

drawals, were carried out excla-the purpose of withdrawing all Mr. Church further states that $1,200 respectively;

on the 30th January last it appears that plain-

sively by second defendant in the the money he then had in the in the old Bank --building second (4) Did the Bank June, 1927, and the 5th October tiff, in pursuance of this sugge Bank premises and alleges that on Bank and Was informed by defendant would have sat on

tion, handed his fixed deposit re each occasion when he went to the second 1927, respectively issue to plain ceipt for the $2,000 to second de-Bank to withdraw money he gave come

defendant, who had stool at a high counter screened tiff deposit receipt books Nos fendant in the Bank premises on his chop (Ex. "C') to second de-ter at the time, there was

outside the Bank coun-from the public space by a wooden no partition over which a tall man 3514 and 3836;

the 30th June, 1927, with instruc-j (5) Whether or not plaintiff is

chopped the book and returned had been withdrawn. Whereupon the front of this partition towards posit, pay plaintiff the accrued him the chop with the the sums claimed in the respective terest and to re-deposit the prin- Plaintiff states he used the chop the Bank

-money-plaintiff said he still had $1,700 in the public space there were sever- al small openings with sliding as he found it difficult to write Plaintiff, according to his eyicipal in the Savings Department

I think it only right to observe panels through which depositors) his name.

that according to the particulars could present their cheques to the dence, is 65 years of age, was born of the Bank.

Various Interest Amounts Receipt Book Received

contained in paragraph 6 of his proper ledger clerk for initialling Plaintiff says that according to

The interest allowed on the re-solicitors' letter dated 28th Janu- before presenting them at the cash these instructions second defen-spective deposits as shown in Exsary last to the Bank's solicitors, cage for payment. dant handed him the interest and "A" and "E does not agree with the incident just narrated is stated

Brass Sign gave him deposit receipt book No. the rate of interest set out as to have taken place "over the He says that at the end of this' RIFLEMAN CHARGED WITH 3514 (Ex. "A") wherein under payable in regulation No. 5 of the counter" and not outside it. partition there was flat counter!

ASSAULT

date of 30th June, 1927, is record-rules and regulations printed in Plaintiff says when second défen- on which was a brass sign with ed the sum of $2,000 deposited in the two deposit receipt books.clant told him there was no money the word "Cash." Mr. Church is Rifleman Arthur Bobinson, plaintiff's name in the Savings Plaintiff's explanation is that he that he was surprised and frigh-in a position to speak of the lay- Royal Ulster Rifles, was this Department of the Bank, Similar-knows nothing about the rate of tened, but admits that even then out of the former premises as be morning charged before Mr. Wly as to the $1,600 it would seem interest or how it is arrived at, he did not report the matter to any was here from 1919-1925. Schofield at the Central Magis-that plaintiff handed the fixed de- and that he did not always receive other official of the Bank as, he Church says the Bank moved into tracy with assaulting Tam Sam. posit receipt for this amount to the same amount, sometimes only says, he trusted second defendant its new premises in 1981 and that an amah, at No. 130 Jafre Road the second defendant in the Bank getting $15 odd and sometimes $20 as a member of the Bank, and that from then on the second defen- yesterday and with assaulting premises, with instructions toledd.

it had not occurred to him that dant would have sat at the exi Cheung Hing, a 5tter, in Jaffre take the same off fixed deposit In June 1935 plaintiff states he second defendant had forged Exs, treme opposite side from the coun-1 Road. Acting Sab-inspector Mac-jand to hand plaintiff $400 and ac- borrowed without security $350

ter in that part of the Bank re- Donald said that the first com-crued interest and

as his re-deposit from second defendant

served for employees to work in. plainant was still in hospital, and $1,200 in the Savings Department (plaintiff's) family was in urgent

Now plaintiff says in effect that the case was remanded for 48 of the Bank Plaintiff states that need of money, and that second It seems unbelivable that be during the whole time the money hours. Robinson denied the in pursuance of these instructions defendant told him. the Bank's could have still reposed confidence has been in the Savings Depart charges.

second · defendant "handed him money was "not ready then" and in the second defendant in 'view ment that whenever he withdrew $400 and accrued interest and that he had better return at the of this, and one would have money therefrom he was handed gave him deposit receipt book No. end of the year. In cross-thought that plaintiff's first action the money by the second defen ALLEGED THEFT

3896 (Ex. "B") wherein ander examination he said he obtained would have been to create a scene dant over a counter having brase date of 5th October, 1927 is re- the loan from second defendant as in the Bank or at least to have rails and that the two deposit re- Fung Yin-lai was this morning corded the sum of $1,200 deposit the latter advised him to collect reported the matter, at once to ceipt books (Exs. “A” and “B”) charged before Mr, W. Schofield at ed in plaintiff's name in the Sav- the interest on the money de one of its principal officers. In- were given him by second defen- the Central Magistracy with the ings Department of the Bank.posited in the Savings Department stead of doing this plaintiff ap-dant over this counter. In cross- theft of $418 from Mr. J. Allen Exhibits "A" and "B" contain at the end of the year. A pears to have gone to his solici examination he stated that he had of No: 140A, Kennedy Road, while the Bank's name printed thereon In reply to a question put to tors and Instructed them to take sometimes seen 'second defendant Fung Yan, an amah, was charged and the words "Hong Kong him by me, plaintiff said that he action with a view to recovering issue cheques and receive money with aiding and abetting. The Branch" and "Savings Depart-did not believe the second defen- from the Bank the money in ques-behind the counter, case was adjourned for 24 hours.ment, both on the covers and in-dant when he said the Bank's tion.

~^(Continued on Page 8)

•

"A"

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