1939-07-10 — Page 4

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THE CHINA MAIL, JULY 10, 1989,

CHARTERED BANK SUES GODOWN COMPANY

THAT HIS LORDSHIP HAD TO

NOCENT PARTIES WAS

THIRD, WAS A STATEM CIDE WHICH OF TWO IN-

SUFFER FOR A GUILTY MADE BY THE HON. MR..

LEO D'ALMADA, JUN., WHEN HE APPEARED THIS MORNING ON BEHALF OF THE CHARTERED BANK IN A CLAIM FOR WRONGFUL CONVERSION OR BREACH OF PACKAGES OF CONTRACT IN CONNECTION WITH 31 P CARGO STORED IN THE HONG KONG AND KOWLOON. WHARF AND GODOWN CO., LTD.

the said

Mr. D'Almada was instructed by any mention of any of Mr. R. A. Wadeson, of Johnson, packages.

· PRINCIPAL SENTENCED Stokes and Master, while Mr. Eldon

Defendants, on presentation of Potter, K.C., instructed by Mr. M. M. Watson was for the defendants, the said forged delivery orders and! The Hong Kong Wharf and Godown in the belief that they were Co., Ltd. Another action in which thorised to do so by the said en- Holt's Wharf were defendants dorsements, delivered the packages was heard in conjunction with the to Messrs. Thorbor and Co.

cage.

· au-

The fraudulent alterations and amendments were made without the knowledge or consent of the parties..

At the outset, ‘Mr. d'Almada said that the two actions could be tak en together as the facts were the same, to which Mr. Potter agreed, saying that the only difference was in the figures of each case.

Mr. d'Almada said that certain facts had been agreed and went Further agreed facts were that Between all instructions by plaintiffs to the over the points agreed, November 3, 1936 and September defendants in connection with the 1987, defendants received 81 pack-atorage and release of the said ages of cargo valued at $19,388 for goods were given in writing by storage in their godowns at Tsim- means of a rubber stamp impress shatsui

Criminal proceedings were in- stituted against U. Chan Jong and a sentence of four years hard was-

at the Criminal imposed on him sessions in May 1938.

A

Plaintiffs had, from time to time, advanced money to concerns in England against Bills of Exchange drawn on and accepted by Messrs. Thorbor and Co. These bills, in every case, had been accepted by Messrs. Thorbor and Co. in: pay- ment of piece goods ordered by them from firms in England.

ed on a godown warrant and sign- ed

by an official of the bank. Each of the said 31 packages ex- ceeded the value of $500 and in no case was such value declared on application for storage.

OPPOSING CASES ·

Mr. d'Almada said that the plaintiffs' case was that by terms of the Godown warrant the goods. Upon arrival of each shipment,

were to be delivered only on bills of lading were sent to the signature of the parties entitled Bank and the draft drawn onto the goods and in this case the Messrs. Thorbor and Co. accepted goods were delivered on a forged by them: The Bills of Lading and

delivery order or a delivery order bills were endorsed to the order of which was subsequently found to the plaintiffs.

be forged and that they were not delivery orders signed by parties. entitled to the goods.

the

·FORGED ORDERS When n Thorbor's accepted the Bills they handed the bills of lad-

By delivering the goods under ing, endorsed by consignors to

these conditions the defendants order of the Plaintiffs' and the had broken their contract. goods stored in godowns.

The defence, Mr. Almada con➡ On March 29, defendants receiv- tinued would be that they were not ed instruction from plaintiffs to

liable in that plaintiffs did not dis~. |forward goods covered by a godów close the value of goods over $500.

warrant to Manila and plaintiffs were advised that these goods had as stated in the Godown warrant; that Messrs. Thorbor and Co. were been delivered already against de authorised as the plaintiffs' agents livery orders duly countersigned to obtain the goods, or take de- by them.

livery of same; Messrs. Thorbor, acting within this authority, had obtained delivery and action by plaintiff was stopped.

in-

the

These delivery, orders were pected by an official of the plaintiffs and as a result, U. Chan Jong, principal of Messrs. Thorbor and Co. was brought to plaintiffs" office and, after investigation, admitted that he had obtained delivery of the

The case is proceeding.

31 packages from defendants against BISHOP JOHN HIND

delivery orders forged or altered by him.

The method adopted by the sald U Chan Jong was that after ceipt of a delivery order duly stamp ed and signed by plaintiffs he al- tered the figures and amer

particulars and then

ered document -

delivers

achInstance

IN FOOCHOW

connected with

Hong