1939-06-27 — Page 4

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BANKRUPTCY CASE: MISS ETHEL MORRISON TESTIFIES IN COURT

EVIDENCE BY MISS ETHEL MORRISION WAS HEARD THIS MORNING IN THE SUPREME COURT IN THE BANK- RUPTCY CASE IN WHICH MR. L. R. ANDREWS IS APPLY- ING FOR ANNULMENT OF THE ADJUCATION ORDER AGAINST MR. CHOA PO-SIEN, FORMER COMPRADORE. OF THE BANQUE FRANCO-CHINOISE.

Mr. M. A. da Silva appeared for the as she had already made all artånge-- debtor and a creditor Ho Pak-ching, the ments to go back home and she wanted Hon. Mr. M. K. Lo was for Tang Shiu- | her money.. kin and Chung Tat-ching, Mr. P. Wyn- ter-Blyth was for the Procurator of the Spanish Dominican Mission, and Mr. T. J.- Prior represented the peti tioner creditor-Lay Kan-fat, the es-

..

WRIT ISSUED

This time he came agitated, 'and'

"tate of Kwan King-chung, and Lee nervous and said that if she did not Choa-shee. All of them were creditors. wait she would get nothing at all

On August 26, she issued a writ to Before the proceedings started Col.which, Choa consented to judgment for H. L. Mu.row, who was called as a $27,972 and costs, on July 7, witness for the Official Receiver, was Mr. Chao tried to come to a settle- excused. Mr. Andrews said that he ment by offering $5,000 in cash and had received satisfactory explanation: $10,000 in monthly instalments of why the relatives of debtors had made from $250 to $300 a month, but this a request to the "Daily Press' to sup- Miss Morrison would not accept as press publication of the public exam- he had no guarantor. ination of debtor.

the

With the exception of $3,400 being dividend of the bankruptcy action she had not received any of her money back,

Before any evidence was taken Mr. Andrews said in part: "Your Lordship will recollect that at the last hearing before your Lordship, my friends in-. terposed when I was addressing

Unable to obtain any satisfaction. Court and in the discussion which fol- from Mr.. Choa, Miss Morrison call- lowed certain statements were madeed on Father Noval with the hope that which unfortunately have led to some misunderstanding.

“I am anxious, my Lord, to do what I can to dispel that misunderstanding for which perhaps I must accept some responsibility, and I desire to avail myself of this opportunity to state that I unreservedly withdraw any statement of mine which may appear to have suggested that I was imput- ing dishonesty to any of the credi-

tora.

was

the latter would use his influence and assist her in obtaining her money, She knew Fr. Noval was acquainted with Mr. Choa. Father. Noval extremely sorry that he could not do anything for her. He told her that Mr. Choa, was himself indebted to him to the extent of $50,000 to $60,000 on mortgages and was badly in arrears with his rent.

Cross-examined by Mr. Silva, wit- ness said that she was told by debtor that in addition to his ordinary 'busi- "My complaints in these proceedings ness he was also doing brokerage --apart from the conduct of the debtor business. She emphatically denied that which I shall deal with separately she was aware that he was not com- are limited to allegations of irregulari- pradore of the bank at the time. He ties on the part of certain creditors; did give her a telephone number of and while I expressly disclaim any an address at the Tai Ping_Building- suggestion of fraud or dishonesty where he was doing his. brokerage against these creditors, their conduct business. She did not know the name has, in my submission, been so irre-of the firm. gular as to lead your Lordship to the conclusion that this bankruptcy was in substance though not in form, a bank- ruptcy for the benefit of the debtor; Once that is established, it is only ne- cessary for me to show that if the debtor had presented the petition him- self, he could not have succeeded be- cause he could not have satisfied the Court that he was an honest man.

"It will only be necessary therefore for Your Lordship to consider those statements in my report which

of tablish:Irregularities on the part certain of the friendly creditors; and that the debtor was not an honest

man.

MISS MORRISON'S` EVIDENCE

es-

Miss Ethel Morrison in evidence said that she first came to know defendant in December 1983 when she cashed her bonds at the Banque Franco-Chinoise, Mr. Choa was there at the bank. She had cashed her bonds as the price of gold was depreciating. In May 1984, Mr. Chon phoned to her and asked her if she had disposed of her remaining bonds and advised her to do so as gold was still depreciating. He added that if she wished to disposed of them he knew of some one who would be willing to buy them.

..

THREE MONTHS' NOTICE

- She denied that when she tele- given phoned at the bank she was the telephone number of the Kwan Yuen Bank where Mr. Choa was.

'She could not explain why her zolicitors had written the letter of demand to Mr. Ghoa at the Kwan Yuen Bank. She had no knowledge of that address.

སུ་

It was not true that it was she and not Mr. Chon who first approached on the matter of the sale of bonds which were giving her no return.

She had agreed with Mr. Choa at the time that she would give three months' notice before withdrawing her money.

With regards to the offer of settle- ment she did not know of the offer of $5,000 cash and the balance in monthly instalments of $250 to $800. Her solicitora had told her $10,000 in monthly instalments.

gone

In answer to a suggestion by P. Wynter-Blyth that she had to Father Noval to Increase a mort gage which she thought debtor had, witness denied this and said that though Mr. Noval mentioned a mort tgage, he did not specify the property. -

He said he would call at 6 p.m. the I propose to use every conceivable same afternoon on his way home and he did so. There he further stated that he, being compradore of the bank, was in a position to get a better price for the bonds.

She went to the National City Bank, drew her bonds, and handed them over

means to get my money back," said Miss Morrision in reply to Mr. T. J. Prior who asked her if it was her intention to enforce judgment if this application were successful,......

The Hon. Mr. M. K. Lo said the case was an important: one and raised

to Mr Choa. She then believed that a fundamental he was the compradorei of the bank. ptoy, law. She hat always seen him there and the

a position to know of his and on

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