1938-03-10 — Page 4

Page

TO-DAY

ONLY

KING S

TO BE LOVED

THE CHINA MAIL, MARCH 10, 1938.

AC 230 215 & INTERESTING PRINCIPLE OF LAW IN SHARE TRANSACTION

9:30 pm. Only

TO BE HATED

A WOMAN'S GAMBLE To love wisely and well or to be a passing adventure to some man knows that men are not gods!

TO-MORROW.

M.G.M. Picture

for she

:WITH GERTRUDE LAWRENCE

Released Thru. United Artists

JEANETTE MacDONALD in

"THE FIREFLY

TAKE ANY TRAM OR HAPPY VALLEY HUS

4 SHOWS

FLEMING 'ROAD

DAILY

2:30-5.15

7.15-9.30

ORIENTAL

ĮTEL 28473

•LAST 4 TIMES TO-DAY•

A THRILL A MINUTE IN THIS COMEDY MELODRAMA! Scientific minds fight against the forces of law in a desperate battle

of wits, with millions as the stake.

ARMORED CAR

ROBERT WILCOX- JUDITH BARRETT ¡CESAR BONERO IRVING PICHEL DAVID OLIVER

DAYS TO-MORROW & SATURDAY

ONLY

A GREAT LAUGH SHOW THAT'S FILLED WITH ACTION! One of the most hilarious farces that has ever been made by the wide-mouthed comedian.

POLITICAL KNAVERY IN A MYTHICAL KINGDOM!

DAVID L. LOEW

presents

JOE BROWN

-An Edward Sødgwick production. Distributed by RIO-Rocío. Piskozan.

O MATINEES: 20α-30c

YOU

ina Rovel Rave!

FIT FOR A KING

HELEN MACK

PAUL KELLY

EVENINGS: 20c-30c-50c,-70c.

ARE INVITED TO INSPECT OUR.

STOCK OF-

ASIATIC, FOREIGN AND COLONIAL

POSTAGE STAMPS

IN SETS SINGLE, PACKETS. BAGS AND IN APPROVAL SHEETS

GRACA & CO.

Dealers In Postage Stamps,"

Philatelic Goods, Picture Postcards, Religious Goods, Garden Seeds. & etc.

No. 10, WYNDHAM STREET,

DUKE AND DUCHESS OF WINDSOR

Versailles, To-day.

Whether script numbers on share bearing Script number "186" for de- contracts were among the specific fendant by approaching Mr. Phillipens, who, however, whether due to the terms to be carried out in share sense of loyalty to his colleague or dealings, was decided at the Supreme not, declined to co-operate. Court this morning, when the Chief! Counsel submitted that all fully- paid shares were of equal value, no Justice, Sir Atholl MacGregor, matter what script number they bore, awarded judgment, with costs, to and carried the same rights. Mr. Frederico Leocadio Silva, trad-contract was for the sale of shares, the script number forming no specific ing under the name of Messrs. F-term. The script number was not a L Silva and Company, who daimed condition, because the sale was not by $1,535 from Mr. J. J. Gutterres. description and therefore formed no

DEFENCE ARGUMENT

The

It was alleged that defendant part of the contract contracted on March 31, 1937, for Replying, Mr. Macnamara said that

www.

one of the rules in the contract that the script number must be sup-

>

the purchase of 500 Shares (old) of the Telephone Company to be de- plied. It was not a mere domestic livered and paid for on June 22. rule as suggested by plaintiff's Coan- 1937. Defendant failed to accept sel and as a result plaintiff sold the for shares of Script No. 185, and his The contract was, added Counsel,

shares at a loss, suffering the amount client had perfect right to refuse claimed.

share bearing a number other than » {"186.”

the principle involved, a written judg-

Mr. D'Almada stated that his client was a share-broker and defendant au favour of plaintiff, with costs, but add- His Lordship decided the issue in insurance agent for the Manufacturersed that in view of the importance of Life Insurance Company. The claim was for damages for breach of con- tract. The sum was small, but the ment would be given and distributed

to the parties at the later date. principle was

of some importance with regard to share transactions gen- erally

ONE ISSUE

A number of facts were agreed by both parties and the only issue was whether or not plaintiff had fulfilled the contract by delivering to defer- dant shares other than those tearing Script No. 186.

FLOOD HAVOC NEAR TIENTSIN

Tientsin, To-day

Plaintiff's case, said Mr. D'Almada, Flood conditions south of Tien- was that there was a complete and binding contract whereby plaintiff wastsin are growing more serious, ac- to deliver to defendant 500 old shares cording

to.. a traveller from

of the Telephone Company on June Tsangchow. The magnitude

of

22, 1937. The contract form was one the flood disaster in Tsangchow, of those generally used for share tran-

sactions and on it were words "Script Chinghsien, Chiaohsien and the sur- number to follow the number "186" rounding districts was unprecedent- having been inserted later.

ed for centuries. There are no less

When 500 shares were delivered to

defendant he refused to accept them than 180 gaps along both banks of as they did not bear the number "180" the Fu-Tor River and the Grand Owing to a clerical error shares Canal, and if no steps are taken for bearing Script number “186” were al-

lotted to Mr. Phillipens, of Manufac- their repair the situation will be turers Life by Messrs. Ellis and Ed-worsened-Hua Nan.. gar, from whom plaintiff originally bought them at $32.40 per share.

Mr. D'Almada submitted that at the time of making the contract defen- dant did not care what the script num- ber was as long as he was going to get old shares of the Telephone Com- pany.

DEFENDANT'S MOTIVE

CANTON-HANKOW

RAILWAY ATTACKS

Hankow, To-day.

Counsel pointed out that in spite of The Hankow-Canton Railway Ad- defendant's knowledge that Number ministration announce that in the “1867 had been allotted to Mr. Phillipast five months, the railway was pens, he made no attempt to repudiate attacked by Japanese planes 150 the contract then and there, but decid-

ed to wait. His explanation might times, while bombs dropped in and be that in taking a stand on what he around the railway area totalled considered were his legal rights Ire

was acting with the landable motive of 1433. Railway employees killed or stopping short selling. If that was wounded totalled thirty two, but the. the case, added Counsel, then he number of other civilian casualties should have reported to plaintiff or to was far greater.-Hua Nan. the Share brokers Association the fact that the contract was not fulfilled

On the other hand, continued Mr D'Almada, defendant might have been watching which way market would swing and playing the game of "Beads I win, tails you lose."

Plaintiff and Messrs. Elli and Edgar made every effort to obtain shares

THEFT OF GOVT. DYNAMITE

STOLE GIN FROM EMPLOYER

Employed by Mr. A. H. Seth, of Deep Dene, Deep Water Bay, for two years at $30 a month, Lam Tin, aged 27, house boy, was this morn- ing fined $75 or six weeks, by Mr. ER. Butters at the Central Ma- when he plead-

Yin Kwong, Coxswain of a motor-gistracy this morn boat, was this morning sentenceded guilty to the theft of a bottle at of Booth's Dry Gin. Defendant was

The Duke and Duchess of to three months' hård labour Windsor will leave Chateau Lathe Central Magistracy when he arrested by a Chinese detective lear- Maye, near here, in the next few pleaded guilty to stealing four boxes ing a bus. davs for a fortnight's visit to of dynamite, 1,300 detonators and 28 friends in Cannes. They will then coils of fuse from a fishing boat, return to the Chatean, says an moored on the Kennedy Town fore- announcement by the Duke's seshore on February 4 cretary-

WILHELM I

Sergeant Allen said the junk had COMMEMORATION

Berlin, To-day.

The fiftieth anniversary of the death of Emperor William I was commemorated at Charlottenburg Mausoleum yesterday.

Rumours that have been. circulat taken delivery from the Green Is- ing for the past several weeks that land Depot and was moored the the Duke intends to acquire a large shore while the fokis went ashore estate at the edge of the Bois de for tea. Defendant with five others, Boulogne, near that of the Mahara-not in custody, in a motor boat, jah of Kapurthala, continue to grow towed the junk outside the harbour General von Brauchitsch, accom in volume, although the Duke is limits. The goods were transferred panied by three other generals, the junk laid a wreath on the tomb on be- half of Herr Hitler-Trans-Ocean-

O. Box Ne 620 Hong Kong busy working on furnishing the to the motor boa

Chateau La Maye.Trans-Ocean."

labandoned