1938-05-03 — Page 4

Page

SHOWING ro-DAY

KING S

THE INCONCEIVABLE!

THE IMPOSSIBLE!

THE INCREDIBLE!

Osa Johnson

At 2.30, 5.10,

7.15 & 9.30 p.m.

Filmed for the Arst time on the isle of the topsy-turvy, the upside- down, nature in reverse!

Martin Johnson's last picture

BORNEO

Produced by Mr. and Mrs. Martin Johnson

NEXT CHANGE

United Artists

4 SHOWS

DAILY 2.30-5.15 7.15-9.30

Dramatically described by Lowell Thomas with, hilarious interruptions by "Professor” Law Lehr Supervised by Trumon Talley

*Released by 20th Century-Bev

"FAREWELL AGAIN"

with LESLIE BANKS-FLORA ROBSON

TAKE ANY TRAM OR HAPPY VALLEY BUE

FLEMING

ORIENTAL

ROAD WANCHAI TEL. 28473

THE CHINA MAIL, MAY 3, 1938.

Investment In Local Compradoreship

AN INTERESTING LEGAL POINT IS. RAISED BY A DIS- PUTE IN CONNECTION WITH A CHINESE PARTNERSHIP AGREEMENT, IN A CASE OPENED BEFORE THE CHIEF JUS- TICE, SIR ATHOLL MacGREGOR, AT THE SUPREME COURT THIS MORNING.

MRS. FONG SHUK-KING HAS ENTERED A CLAIM FOR A DECLARATION THAT, ·UNDER A PARTNERSHIP AGREE- MENT MADE IN FEBRUARY, 1937, BETWEEN HERSELF AND LEUNG NAI-YUEN, COMPRADORE OF MESSRS. GILMANS, LIMITED, SHE IS A PARTNER WITH DEFENDANT IN THE COMPRADORE DEPARTMENT OF THE FIRM.. SHE ALSO AP- PLIED FOR AN INJUNCTION TO RESTRAIN DEFENDANT FROM EXCLUDING HER FROM THE SAID PARTNERSHIP.

Plaintiff is represented by Mr. out the future, having no limita- Eldon Potter, K.C., instructed by tion. Mr. E. S. C. Brooks, and defendant Cross-examined by Mr. D'Almada, by the Hon. Mr. Leo D'Almada, witness replied that that the four Junior, instructed by Mr. H. L. characters at the end of the agree- Kwan.

ment meaning “nothing to the con- Mr. Potter said his client was trary to be said” was to prevent the son-in-law of plaintiff, and loopholes in the document. first became compradore of Gil- Witness said that if the two charac- man's in 1935. Former partnera ters meaning "in the future" in the compradore department omitted, the document would not have were plaintiff's husband, son and entirely the same meaning. As far as the general agreement was concerned it would be probably the same, but it

defendant.

LAST 4 TIMES TO-DAY that the parties were

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BILLY MOUSE ALICE BRADY

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The China Dail

WHEN PLACING YOUR ADVERTISING

“EARLIEST WITH THE LATEST??.

were

in

ex-

It was agreed, stated Counsel, with the two characters inserted between plaintiff and defendant, conveyed that the partnership was to that they should enter into part-continue as long as the business which the parties were engaged nership when he became com-isted. .pradore. Plaintiff put in a fifth Witness agreed that he did not come share of $10,000. It was admitted across many partnership agreements

in the course of his work. partners,

ANOTHER OPINION and, according to the evidence, it Mr. T. F. Lo, barrister-at-law, stat- would be established that the ob-led that did not agree with Mr. Wells jeet of the partnership was to that the two characters in the docu- carry out a contract. It was clear ment conveyed permanency of the that the only asset of this partner-partnership and could not be terminat- ed by either party at will. Witness ship was the compradoreship. It could gather nothing from reading the was clear, too, contended Mr. agreement to convey that the partner- Potter that it was not contemplat-ship could not be determinable at will. ed that the partnership was to be a parnership at will.

The two characters meaning "in the future" governed the statement of pro- fits and losses. It was inserted to mean that the present partnership was ASSETS OF PARTNERSHIP

to have nothing to do with any pre- that the future Mr. Potter submitted that the vious partnerships,

profits and losses were to be propar- partnership was formed to carry tionately taken up by the two parties. out a certain single venture or Usually, stated witness, the characters undertaking and that the partner-were inserted as a matter of course, ship was not determinable at will, and were frequently found in partner-

ship agreements. as it was founded for the express

Witness said there was nothing in purpose of carrying out à contract the agreement to show that it was not and for no other purpose.

a partnership at will. There were no This partnership differed from terms relating to the duration of the an ordinary_partnership, pointed partnership.

The-case-is-continuing. out Mr. Potter, explaining that when the compradoreship came to an end the partnership automati- cally ended. If, as defendant claimed, the partnership was de- terminable at will, then the only asset of the partnership was in

Fines of $5 were imposed by Mr. defendant. Under no

circum-H. R. Butters at the Central Ma- stances could the partnership begistracy on Mrs. Johnstone, of dissolved as defendant has pur-Knutsford Hotel, for driving in the ported to do. The only question to be answered was whether the partnership was a partnership at will.

MOTORING CASES

wrong direction in Chater Road on April 11, on Dr. J.. H. McElney of Alexandra Buildings for causing an

Mr. Potter pointed out that the obstruction outside Kelly and Walsh Life partnership was to last as long as on April 14, and on Mr. L. M. S. the compradoreship lasted and sub-Lloyd of the Manufacturers

Insurance Co. for parking his "car mitted that the reality of the case

over the time

limit în Pedder was that this was a single venture.

Street.

T

AGREEMENT TEXT

NO LICENCE

The Rev. H. R. Wells, called as an expert in Chinese, translated "The the agreement as follows: persons who make this agreement, are Leung Nai-yuen and ` Fong

Miss Yvonne Yeung Sau-king was Shuk-king. As Leung Nai-yuen has]

fined $10 this morning by Mr. H. agreed to undertake the compra-R. Butters at the Central Magis- doreship in the company of Gil- man's in Hong Kong, Fong Shuk-tracy for driving her car after her licence had expired-on April 9--It- king agrees to take up capital to

had the amount of $10,000. The two was stated that the licence

since been renewed parties agree that in the future] profits and losses in the business must be proportionately divided ac-¡ cording to the agreement. Leung Nai-yuen takes four shares and Fong Shuk-king takes one share. Nothing contrary to be said.”.

CHILD DROWNED

Examined by Mr. Potter, witness The body of Leung Yui-mui, aged said that the two Chinese charac 9, who was drowned when swim- ters "Tseung Loi", meaning in the ming in Kennedy Town on Sunday future, conveys to witness that the was found on the foreshore near partnership was to go on through-Ithe Chung Sing bathing shed.