1939-07-12 — Page 4

Page

TO-DAY ONLY

Thrill as the

toughest cop on the force

ends a reign of TNTerror 1

At 2.30, 5.10.

7.15 & 9.30 P.M.

EXPLOSIVE ACTION!

HIGHWAY

PATROL

ROBERT

PAIG E

JACQUELINE

WELL S A Columbia Picture

SPECIAL ADDED ATTRACTION

"Picture Of Mass Air Raids On Chungking” And Andy Clyde Comedy “GRACIE AT THE BAT"

TO-MORROW

20th Century

"THANKS FOR EVERYTHING"

with

Fox Picture. Adolphe Menjou, Jack Oakie, Jack Haley, Arleen Whelan

TAKE ANY TRAM OR HAPPY VALLEY BUS

4 SHOWS DAILY

2.30-5.15 7.15-9.30

DAYS

ORIENTAL

THEATRE

FLEMING

ROAD WANCHAI TEL 28473

2ONLY TO-DAY TO-MORROW.

́A PICTURE THAT'S ALL ACTION AND EXCITEMENT !

A thrilling story of the activities of deep sea fishing fleets and men behind prison walls.

Universal's Thrill Drama

PRISON BREAK

BARTON MacLANE GLENDA FARRELL

AY

FOR FRIDAY AND SATURDAY

MOON"

"GARDEN

OF: THE

MATINEES ● 20c.-30c

EVENINGS

·DAILY

AT 2:30

720

Pat O'Brien Margaret Lindsay

20c.-30c.-50c.-70c.

STAR

TO-DAY ONLY

CHARLIE CHAN

at

HANKOW ROAD KOWLOON TEL 57795

Monte Carlo CHARLIE CHAN IN LA

WARNER OLAND

KIYI.

KAY, LINAKIR

THE CHINA MAIL, JULY 12, 1939

CHARTERED BANK AND GODOWN CO. CASE

THE HEARING OF THE CLAIM BY THE CHARTERED BANK- AGAINST THE HONG KONG AND KOWLOON WHARF AND · GODOWN CO. "AND HOLTS' WHARF WAS CONTINUED THIS MORNING BEFORE SIR ATHOLL MACGREGOR.

The actions were in respect of the difference of his clients' posi- goods stored in the Godowns to [tion with the forged delivery or- the order of plaintiffs in the name ders. of Messrs. Thorbor and Co., whose manager U. Chan Jong by means of forged delivery orders obtained delivery.

His clients were not expected to ring up the Bank to check every delivery order. They were entitled to assume; in the absence of any Stored with the Hong Kong and thing to the contrary, that the de- and was authentic Kowloon Wharf and Godown Co,livery order were 81 cases of piece goods valu- being complete and regular on the ed at $19,888.14 and with Holts' face of it, defendants were entitled The defendants were obliged to deliver specific goods mentioned in Delivery order.

Wharf 132 cases worth $96,650.44. to act on it.

The Hon. Mr. Leo-d'Almada, in- structed by Mr. R. A. Wadeson, of Deacons, is for plaintiffs, and de- fendant firms are represented by Mr. Eldon Potter, K.C., instructed by Mr. M. M. Watson, of Messrs. Johnson, Stokes and Master.

The morning was taken up sub- missions by Mr. Potter. He urged that his clients were not guilty of breach of contract-in-that they had in no way departed from the per- formances required by the con- tract. They had been told that they had delivered goods to the wrong person. The delivery carried out in the manner of per- formance and was precisely as Defen- provided by the contract. dants had done every single thing which the contract asked them to

do.

was

the to

After the case, plaintiffs took precautions to limit authority and of were now writing the number packages in words and having the amounts embossed on the delivery orders.

The case is proceeding.

CLIPPER LOSS SEQUEL

As a sequel to the tragedy of the was lost Hawaiian Clipper which last year near Manila, Sir Atholl MacGregor at the Supreme Court this morning was asked to grant ́ Mr. Potter submitted that view his Lordship was entitled an application for leave to presume take on the clauses in the Godown the death of Watson Choy, a mer- City, New Jersey, warrant, was that there had been chant of Jersey

The application was made by Mr. no declaration of the value of the

therefore they H. G. Sheldon instructed by Mr. goods and that were not in possession of the store- P. M. Hodgson on behalf of Sang keeper but had only been left with Choy of Cantor and Hong Kong,

res-brother of the deceased. the defendants who took no ponsibility.

non-

If all clauses applied, the declaration clause would exempt the defendants.

Mr. Sheldon read extracts of let-- ters received by the applicant from....... his brother. Mention of his im- pending departure for China was The $500 declaration clause pro- made in one letter and deceased

six. tected the company and with

stated he intended to take a exception of five cases in connec-month's holiday and to save time tion with Holts' Wharf this conceded.

the

was

would take a plane.

Affidavits by officials of the Pan- On the grounds of estoppal, Mr. American Airways showed that Potter said that Messrs. Thorbor|Watson Choy was one of the pas- on paying the value of each deliv-sengers on the plane and that

to plaintiffs. were en-route none of the passengers dis- ery order titled to goods for which they had embarked. paid. Mr. Potter said that that was The application was granted. not defendants' concern.

deliver

S.C.A. CASE

.en

On each delivery order, defen- dants were instructed to goods to Messrs. Thorbor and Co. They were the real owners of the

A 84-year-old widow, Ip Ng, goods, though the bank had a charge on them. The goods were was fined $10 or four weeks' hard.. stored in Messrs. Thorbor's name labour by Mr. R. A. D. Forrest and held to the order of the bank. this morning, when she was charg- The Godown warrants were issued ed with failing to report the poss55-

to

thes. Thorber and Co. and

on face of the documents ap- peared held to the order of the Chartered Bank.”⠀⠀

and

When: delivery was desired delivery form was completed some one in Messrs. Thorbor signed by an official of the com pany and then endorsed by the Bank.

sion of a ward, Yiu Laí-heung, 14.

Mr. H W、 Fraser said the girl Was taken to the SC.A. by her

mother. She was pre ed to defendant when eight years. old, för Some time

adopted daughters

the girl was alleg-

aten by the de- een in the Co-

MORROW.

EEEX

EDDY

The Bank should have and did know that

would not part with the cept with the Bank's

The defen

bad