1938-05-13 — Page 9

DR. STRAHAN PROSECUTED

this

gerous to the public.

Mr. E. H. Williams was the com-

Defendant plainant.

fined WIS $10.

car

At last night's court, Madame

was Doctor S. S. Strahan Quo Tai-chi, wife of the Chinese Ambassador, presented Mrs. and morning summoned before Mr. H Miss Lung, wife and daughter of R. Butters at the Central Magis- The partnership dispute between the Chinese Naval Attache in Lontraty for driving in a manner dan- Mrs. Fong Shuk-king and

Leungdon.-Reuter. Nai-yuen in connection with the

has given me the greatest difficulty. compradoreship of Messrs. Gilmans, Limited, was concluded

The relations of employer and employee

Mr. Williams said that on April Supreme Court this morning, when, between Messrs. Gilman and Co. and

driving down, Stubbs in, a written judgment, the Chief defendant are in no way affected by 23, he was

the partnership agreement. The dis- Road and saw Dr. Strahan's Justice, Sir Atholl MacGregor, gave solution of the partnership by mutual overtaking a van. He had to stop consent would leave the defondant as judgment for Leung Nai-yuen.

Mrs. Fong entered a claim for a compradore, and nothing in the agree dead to prevent an accident.

Dr. Strahan said that two days declaration that, under a partner-ment can prevent Messrs. Gilman and argument that in as

He ship agreement made in February Co. from giving due notice to the de-after the incident he was told by 1937, between herself and Leung much as the only partnership asset is the Police of the summons.

of Messrs. unassignable it cannot reasonably be remembered passing a truck on the Nai-yuen, compradore Gilmans, Limited, she is partner valued is one which would determing road and had slowed down in doing my judgment in favour of plaintiff so. The desire to prosecute might with defendant in the compradore were it not for the statutory provi-be greater, he thought, in the legal department of the firm. She also

sions in section 33 of the Partnership res-Ordinance 1897 that plaintiffs death or mind than in the medical mind. He applied for an injunction to

not see Mr. Williams stop train defendant from excluding her bankruptcy would automatically dis-did

solve the partnership, and, as partner- though the complainant slowed from the said partnership.

vest in any one! ship assets cannot partner, there would, in either of these down. Perhaps witness was going events, have to be a valuation of the too slowly for if he had been tra- have partnership.asset.

velling faster. there would The conclusion to which I have come, been no need for complainant to

slow down. tation, is that this partnership is though not without considerable hesi- partnership at will, and has been duly on January In awarding judgment, the Chiefdetermined by defendant

Mrs. A. Hassan, of No. 10, Sing 31, 1938. It follows therefore that

the Justice said:

All the relevant facts and material there must be judgment for the defen-King Terrace, has reported

theft of six sweaters, valued at $17, documents have been agreed, and the dant with costs.

PLAINTIFF'S RIGHTS

from her verandah. only oral testimony called was that of The case of Ambler v. Bolton L. R. two experts in the Chinese language.

Lieut. Commander Clifford of TENT IN STATUE SQUARE

These gentlemen, as experts so often 14 Equity 427 is in many respects so Defendant explained that the rea-do, differed fundamentally on the mean- much in point that I cannot refrain

ing which they assigned to isolated from adding a few words. Though the H.M.S. Cumberland, while at the son he was still on the premises parts of the agreement sued on, par consequence of my judgment is that Taikoo Docks lost a watch valued was because he found it absolute-ticularly in regard to the characters plaintiff is no longer a partner with at $80 and clothing to the value of

$58. which the Court tran- defendant, she is still entitled to an ly impossible to find accommodation "tseung loi"

R.A.S.C. Sergeant Thomlinson, suitable for his family of four. He slator interpreted as "in the future account of the partnership and to share For plaintiff it has been urged that pari passu in the only partnership as- set. In default of agreement between mean could produce documentary evidence the characters, standing alone

showing "for ever and a day" and that their the parties as to the value to be placed has reported the loss of a cigarette

deferidants compradorship from real estate agents

Icase, valued at £2.10s. between the tual desire for some measure of per- give liberty to either party to refer the R.A.S.C. depot and the Garrison negative responses to his requests. use in an agreement indicates a mu-on the

to Chambers for matter He had also advertised but there manency. It was perhaps irrelevant

tion." for me to recall, as examination was had been no response.

"The only alternative,” said de-succeeded by cross-examination, those fendant," is to put up a tent in Sta- pledges of undying love and affection which in actions of a rather different nature are never declared to be im- tue Square."

The Puisne Judge: "I should have mortal, but are rather given decent could find a better burial by the award of an appropriate thought you

measure of damages. place."

Plaintiff was. Lau Yik-cheuk. The first question raised by de- the fendant was the indentity of landlord. Defendant stated that his rent receipts were signed by Tong Shing-yiu and not by Lau Yik-cheuk. Solicitor for plaintiff, Mr. F. X. that D'Almada, junior, explained Tong Shing-yiu was the landlord's wife and agent.

stated that

Plaintiff was represented by Mr. Eldon Potter, K.C., instructed by Mr.. E.S.C. Brooks, and the Hon, Mr. Leo D'Almáda, junior, instruct- ed by Mr. H.L. Kwan, appeared for defendant.

·DEFENDANT'S PLEA Plaintiff's solicitor

For defendant it was equally stout- that the characters defendant was first given notice to ly maintained quit in January as the landlord ur-tseung loi" in fact mean in the fu- -gently_required the premises for ture, and that their use is related to the necessity for providing for the dis- his own use. Defendant offered tribution of profit and loss between to pay an increase of 40 per cent, the partners after the date of the When Sinologue doctors which the landlord refused to ac-agreement.

its cept as he wanted the premises for disagree the task of a judge who knows.

nothing of the Chinese language, his relatives.

characters, or its idioms is an unen- Defendant intervened and pointed viable one, but in this case, fortunate- out that. during the month of Janu-ly the conclusion to which I have come is based not on the linguistic niceties ary certain people, who were "cer-of what to me is an unknown tongue tainly not relatives of the landlord," but on legal principles on which frankly admit, I feel more at home.

the came to inspect the premises.

In the agreement no term for "Whatever The Pulsne Judge:

duration of the partnership is express- sympathy I may have for you, Ied, and the partnership is therefore cannot help you until you tenants prima facie a partnership at will, and get the law altered. The Court is was determined by the defendant as from January 31, 1938 by virtue of the here to enforce the law."

letter of January 28, which is in evi- dence. It is for plaintiff therefore to to satisfy me that notwithstanding the ex-

of the agreement by press terms

ANOTHER ORDER

On

this

con-

tho

..

a

determina-!

'Sergeants Mess.

If You Keep

on Waiting

FOR YOUR SHIP

TO COME IN...

TAPUS

Is there any reason to believe you won't still be waiting 10, 20 or 30 years hence-unless you start a sure plan NOW

to guarantee future INCOME?

The second non-Chinese ordered quit his residence within 21 days the Puisne Judge, Mr. Justice R. E. Partnership is determinable only by this mutual consent, by defendant ceasing Lindsell, at the Supreme Court

to be compradore to Messrs.. Gilman morning, was Mr. E. D. Sykes, of No. and Co., or by operation of some sta 532 (ground floor), Nathan Road,

tutory disability. Mr. Potter's Kowloon.

tention on plaintiffs behalf is that this Plaintiffs were the Ka Chuen Land Estate, and were represented by Mr. is a partnership for a single adven ture, or, in more common parlance, à E. S. C. Brooks.

syndicate. He relies on the admitted Defendant stated that on April 10, fact that the sole asset of the partner- If the his son fell ill and grew worse. April 30 when the care-taker's wife ship is the compradoreship.

the ront, defendant compradoreship comes to an end, came to collect told her he could not leave, The fol- partnership is automatically determin- lowing day she told him to go and see ed, and if the court holds that this is a partnership at will, the sole asset plaintiffs' solicitors, but that day was will vest in defendant for the Sunday. His son died on the Monday; pradoreship is unassignable and, being Since then defendant. premises. Defendant added that at-180 essentially a contract of personal even a cubicle were service, is incapable of reasonably ac- tempts to rent

curate valuation. To hold that this is fruitless.

Mr. Brooks pointed out that defen-a partnership at will would therefore dant was given notice to quit in De- to be render inoperative the provisions cember. A second notice to this ef-of section 89 of the Partnership. Or- fect was given later, but defendant dinance 1897 and to deprive plaintiff CANTON, British Concession, Shameen.

of her statutory rights to her share in failed to give up, the place.

Asked by the Puisne Judge why the the partnership asset, Mr. D'Almada, Tel. 15872. I. K. Batchelor, District Manager.

for defendant, relies on section 26 and BWATOW General Agenta: Mouara, recover landlord was so anxious to possession, Mr. Brooks replied that de- 82 of the Partnership. Ordinance 1897 fendant was not a satisfactory tenant. and on

Defendant was ordered to quit within (1A.C. 174). 21 days, and to pay mesne profits at the rate of $1,25 per day.

could not find

com-

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the case of Syers V Syers Special Representative: 0. B. W, Thomson.

MACAO: F. J. Noronha, Agent.

GREAT DIFFICULTY The point for decision is one which

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