1940-01-30 — Page 3

THE CHINA MAIL, JANUARY 30, 1940

CASE AGAINST H.K. DAIRY SUPPLY CO.

THE CASE FOR THE RE-POSSESSION of the Kowloon Dairy brought by Mr. G. E. Ahwee against the Hong Kong Dairy Supply Co., Ltd., was continued this morn- ing at the Supreme Court before the Chief Justice, Sir Atholl MacGregor:

Plaintiff sought to regain posses- |tive.

Chmury, Baproven Count

sion of the property, mesne profits Mr. Hugh Jones was the next wit- from May 31, and an injunction re-ness, and said that he was a partner straining defendants from using the in Messrs. Wilkinson and Grist. On trade name Kowloon Dairy and trade | November 27, he was shown a docu- mark No. 63 of 1925.

ment had been signed by plaintiff. Defendants counter-claimed dam-The issue of the new lease of the ages allegedly suffered. through the misconduct of plaintiff while he was in their service as farm manager.

Mr. Eldon Potter, K.C., and Mr. H. C. Macnamara, instructed by Mr. D. H. Blake, of Wilkinson and Grist, ap- peared for plaintiff. Defendants were represented by the Hon. Mr. Leo D'Almada, Jnr., instructed by Mr. D. B. Evans, of Johnson, Stokes and Master.

ground was delayed as the new plans were not approved and Government later wanted to resume part of the Innd. As a result new plans and lease had to be prepared. They were not ready for signature until February.

He recalled on April 13 telephoning to Mr. Fredericks and pointing out the position in general and the latter said he would fix it up with the bank. On the following day Mr. Dalziel Major Mackenzie, Colonial Veterin- | and Mr. Wadeseon told him about the ary Surgeon, said he had visited the Bank's refusal to permit the Issue farm on several occasions In the of debentures to plaintiff as Bank course of his duty and had always wanted them first and also required found the place clean and well run. further capital of $70,000. He recalled visiting it in November, 1938, and also in 1939.

If there had been any reports about the cleanliness of the place he would have been informed,

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At the meeting at the Bank the manager stated that they objected to the issue of first debentures to plain- Lif. Witness pointed out plaintiff's position and said if this was done it Questioned by Mr. Almada witness would effect mean that plaintiff said that osteo malacia was quite would be making a present to the common among cattle. Great diffi- | Bank of all his assets as a security culty was encountered in the earlier for the overdraft of the company. stages and it was only possible to be certain by a process of deduction and elimination. The outward and visible signs might not be apparent for weeks or months.

The swelling of joints was an ad- vanced sign of the disease and ear- lier symptoms were stiffness and lameness. This was what one might call fugitive lameness as the symptoms would not be in the same place from day to day.

The farm was also visited by san!- tary inspectors who, would report if the place was not clean. They would use their discretion in these matters and issue a warning for minor faults but would report if it was not complied | with.

Dr. Jones, of the Medical Depart- ment, Kowloon, had visited the place and would make any report he thought fit if things were not in order.

wages

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Mr. Edmonston, manager of the Bank then suggested that if plaintif were paid $38,000 the contract would be cancelled or if the company rals- ed $70,000 cash capital he would per- mit the issue of new shares instead of debentures.

At a meeting with Mr. Lewis, a director, plaintiff made a suggestion that he buy out the existing share- holders for a nominal sum and take over the assets and liabilites of the company. Mr. Lewis said that he would see the Bank, about this.

Mr. Edmonston when informed made

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RADIO LICENCE

Stating that she had not renewed the licence after its expiration on November 7 because she was going to give up the radio and that she had renewed it on the day following Wireless Inspector J. Key's visit, Mrs. Lolita Leeper, of No. 98, Parkes Street, first floor, was this morning

It was his opinion that a veterin- ary surgeon should deal with of osteo malacia; it would be un- wise for even an experienced man to treat a case. The proper course was to remove the cause and not just cure the sickness. Nowadays injections were used and unless done by a qualified person would be dan- | fined $10 by Mr. Q. A. A. Macfadyen gerous. There was a danger line and at Kowloon for possession of a radio-

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