1938-02-22 — Page 6

CENTRAL

THE CHINA MAIL, FEBRUARY 22, 1938

ALHAMBRA THEATRE TO

ATHAN RD, HOWLOON. DAILY AT

.TO-DAY AND TO-MORROW.

ELECTRIC THRILLS

HIGH VOLTAGE LOVE!

He trades bis best friend for his friend's best girl! ;

Can hor.kisses make him forget?

Ha lives as he loves. .....dangerouslyt

by William Wister Haines,

PAT O'BRIEN HENRY FONDA MARGARET LINDSAY STUART ERWIN

J FARRELL MACDONALD BICk Pinapit jus

Sawyer Craig Reynolds John 1 cel ate Wyma Drenten B. BAY ENRIGHT AWAY

THURSDAY

Warner Bros.

Picture

"TALENT SCOUT"

Donald Wood & The Gold Digger Troupe

Japanese Evasion Of Customs Duties In

Shanghai

London, To-day.

PAY DAMAGES

WIDOW'S TWO

CHILDREN DIE

OF SMALLPOX

Judgment with costs on both Wong Nai, 51 year-old widow, claim and counter-claim and dam was this__morning_charged be- ages in accordance with assess-fore Mr. R. A. D. Forrest with ment were awarded the Unique dumping the body of a 15-year- Film Production Company by the old male child in a scavenging Chief Justice, Sir Atholl Mac-lane near Main Street, Shauki- Gregor, at the Supreme Court wan, and with failing to notify this morning when the action in the Medical Authorities which the film company claimed Police of à smallpox case, that $17,500 damages from Mr. Ng of her daughter, aged 19, at No. Pak-po, proprietor of the Central 138, Main Street, second floor. Theatre, for breach of contract Inspector Wright said defendant by failing to exhibit a picture for had stated that the boy died in her seven successive days.

arms while she was trying to get

or the

It was alleged that plaintiffs and help. She had laid the body down defendant entered into a contract as it was heavy and was then ar- whereby a Chinese film entitled rested. Death did appear to have "Tuk Mui Kwai" (Poisoned Rose) taken place recently and it was quite was to be shown at the Central possible that the woman's story was Theatre. The film was delivered true. He desired to withdraw the to defendant on January 14, 1935, case.

but defendant failed to exhibit it. The second charge arose out of Mr. Eldon Potter, instructed by this death. Defendant belonged the Hon, Mr. M. K. Lo, appeared to the ignorant class. She should for plaintiffs, while Mr. H. C. have reported both. cases of small Macnamara, instructed by Mr. W.A.

pox. The Authorities were most Mackinlay, represented defendant.

anxious that they should be notified so that precautions could be taken. In a written judgment, the Chief The poorer class seemed afraid to Justice said that at the time of the agreement, defendant was not aware much better chance of getting bet- go to hospital though they had а that an adverse claim to the copyright

to the plaintiff com. Asked by his Worship why

THE JUDGMENT

that adverse claim.

she

COM. A. Marsden (Conservative, Chertsey) asked and performing rights in the picture ter

in the House of Commons yesterday whether pany by a third party. For the purpose did not report the case, defendant the Secretary of State for Foreign Affairs had of the present argument it has been

assumed that the plaintiff company said she was very worried over the considered the danger to British trade in the was at all material times cognisant of loss of her children, and had been Far East that would arise if the present sys-pany did not communicate this assum-

The plaintiff com- told by people in the street that small tem of permitting Japanese goods to be im-the time fixed for the first perform anywhere. She was taking her chil- ported into Shanghai without payment of Cus-ance the Solicitors for the third party dren to a sampan for a change and

wrote to the Defendant threatening toms duty, continued.

legal proceedings against him if

rest. The exhibited the picture. The Defendant [for that reason and for no other, in breach of his contract with the Plain-

DAWN RAIDS BUT NO BOMBS

Canton, To-day.

While the city was still asleep this morning, the Japanese staged a dawn raid.

Chinese sources state that eight] machines flew over Bocca Tigris at 4.30 a.m. and they were later heard over Whampoa, There are no re- ports of any bombs being dropped.

At Saichuen, a lone Japanese plane at 5. a.m. dropped two parachute flares and circling round again drop- ped another. As no bombs dropped, the reason for this is not clear. Reuter.

were

ed fact to the defendant, but before pox cases would not be admitted

of

tiff Company, failed to exhibit the pic-

PRINCIPAL TENANT TO

BLAME

Sanitary Inspector Massey

said

Sir John Simon, Chancellor the Exchequer, replying for the Government, said the Government ture. was fully alive to the irregular Defendant, by his counterclaim, asks situation now obtaining to the pre- that plaintiff company was under

for recission of the contract, alleging that the house where the case oc- judice of non-Japanese trade and duty to apprise

# curred had been disinfected and the him of the adverse inmates vaccinated. Customs duties, which formed the claim pleading that had he been aware lower classes did not wish to report Some of the security for foreign loans.

of it he would not have been a party to the contract on which the plaintiff cases of small pox as they objected in '

company sues. It is for the Defen- to having their places disinfected. Tokyo had already made represen- dant who says that there was such a tations on the subject to the duty to disclose to satisfy me

In this case, he believed the defen- Japanese Minister for

such a duty existed in law. Foreign

dant was urged to leave the house Affairs.-Reuter.

before the case was known.

The

British Ambassador

DISTURBANCES FOLLOW HITLER SPEECH

Graz (Austria), To-day.

that

Mr. Forrest discharged defendant is and said that the principal tenant

no

Was

ORDINARY CONTRACT There is no suggestion here that the contract between the parties other than an ordinary contract. and was greatly to blame.. Mr. Macamara, to justify his client's claim to recission of the contract, must satisfy me that there has been a misrepresentation by silence. His

promise were agreed. The Defendant case for the purpose of this argument longer binding on the ground that a

claimed that the agreement was must be "the Plaintiff Company by contracting with my client held itself material fact had been suppressed. It out as having a title to the picture and was held that there was no obligation able to give us performing rights. Be on the Plaintiffs' solicitor to disclose ing aware as they were of an adverse all he knew, and the Defendant claim by a third party they were bound bound by the terms of the settlement. to disclose that fact to us. By con- tracting with us they had made cer-

“MONSTROUS THING? Complete control of the situa- tain representations to us and they The words of Lord Blackburn in hig tion is now held by the Austrian were under a duty to communicate to judgment in the case of Brownle". police following demonstrations claim advanced. Their failure to dis-me

us a fact so material as the adverse Campbell (5 A. C. 925 at 953) seem to by Nazis which accompanied close entitles us to the recission of this to be well nigh conclusive:

so apt my present purpose as Herr Hitler's Reichstag speech. contract."

The demonstrations, which start- What representations by the Plain- Tokyo, To-day. ed in an orderly manner. became from the fact that they entered into tiff Company is one entitled to imply The German charge d'affaires unruly with the result that many this contract with the Defendant? this morning called on the Vice-arrests were made while two taverns That they had a title to the picture Minister for Foreign Affairs and in which Nazis gathered have been they were in possession of the film and and its performing rights, and that exchanged views on current in-closed.

could deliver it to the Defendant. ternational affairs, particularly The Fatherland Front is propos-|

There is no evidence whatsoever that impending German recognitioning counter-demonstrations.-Reu- not entirely true. In the light of the any one of those representations was of Manchukuo. Reuter..

GERMAN-JAPANESE DISCUSSION

ter.

it would be a monstrous thing if every solicitor, for selling an estate. were obliged to keep a schedule f -all-the idle-claims that had been made although some of them may perhaps ultimately turn out not to be idle keep a schedule of all the claims of all sorts that have ever been made within his knowledge against his client, and shew them to intending purchasers. I never heard of such a doctrine, and I think reasoning in the case of Turner v. if we proposed to bind people to do Green (1895) a Ch.D. 205. I am unable that we should do a great deal of to hold that the fact that the Defen- mischief. There is no case in sup- dant if he had known of the adverse port of that. I never heard of one claim would not have been a party to

ever being cited, and it seems to the contract is per se any ground for me to be against rescinding it. In that case shortly be

there should be one..

principle th fore an interview between the Plain tiffs solicitor, the Defendant and his is that on the facts before ma

The conclusion to which I have come. mise of an action, the Plaintiffs' soli of the Defendant discloses no offen solicitors, to arrange for the compro-statement of defence filed on beha citor received a telegram informing in law, nor is there on these facts him of the result of certain proceed- misrepresentation by Extra police shepherded the intruders from the building still Defendant, but did not disclose his title the Defendant to the recission of ings in the action favourable to the Company established which would en-

the Pl shouting slogans. Reuter.

information before the terms of com- the contract.

Chamberlain Must Go!

London, To-day.

A crowd of 200 demonstrators gathered in the outer lobby of the House of Commons yesterday evening and tried to interview members.

They shouted "Chamberlain Must Go!"