1940-01-31 — Page 3

THE CHINA MAIL, JANUARY 31, 1940 JUDGMENT FOR PLAINTIFF IN DAIRY SUPPLY CO. CASE

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At the Supreme Court this morning Wong Fook, another member of the the Chief Justice, Sir Atholl Macgre-| Amalgamated Dairy said that gor, gave judgment in favour of Mr. did sell milk to others than the de- G. E. Ahwee, plaintiff in a civil ac- fendant company. This began in tion against the Hong Kong Dairy March. Plaintiff had told them that Importing Supply Co., Ltd, on all points and defendant company were dismissed the counter claim for dam-cows and would not be in a position to consume all the milk they had. ages with costs.

His Lordship sald he would give the He knew of the Ping On Dairy: It reasons for his judgment, in writing was run by a clerk engaged by plain- Milk from the Amalgamated later and would say without hesita- tir. tion that not one of the four points Dairy was sold there,

said Cross-examined, witness of alleged miscornfuct brought by the defence, three of which were with-knew of the contract between drawn, had any scintilla of truth as foundation, The only allegation of breach of duty was when employed by defendants and for his personal gain he, plaintiff, had diverted part of the milk to other sources. When two farmers, witnesses who are put in good faith, say that they signed a paper denying the sale and then say it was a tissue of lies then they can- not be relied upon.

After dismissing the counter claim with costs His lordship ordered re- possession of land and premises, granted mesne profits at $300 a month awarded $11,500 for sale of cattle and general damages $20,000.

An injunction restraining defendants from using the trade name "Kowloon Dairy" and trade mark was issued.

Plaintiffs were also granted costs and immediate execution.

SOLE POINT OF MISCONDUCT

|

he his firm and defendant company. It was arranged by plaintiff. He agreed that were under if defendant company contract to take all the milk it did: not matter as they would have take it.

LETTER SHOWN

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A letter was shown to witness sign- ed by him and four others stating that no milk had been sold to others than defendant company.

Pressed, witness said that the letter was signed when plaintiff résigned and its contents were not true.

The letter mentioned the fact that no milk was sold to outsiders and was written to Plaintiff as the result of the four after solicitors letter to complaints had been received by Mr. Ahwee of this.

Mr. Potter said that on May 31, a letter was written to the Bank asking for three months' grace. Mr. Dalziel

At the hearing this morning Mr. | had said that company was insolvent, Almada put in another defence that and that the bank would receive 43 per

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plaintiff knew at the time that defen- cent. Plaintiff's property was in-⚫LAST 4 TIMES TO-DAY

dants were not solvent but this was

cluded in the assets. No mention was

not granted after Mr. Potter had stat-made of Mr. Ahwee as a creditor FUNNY DOMESTIC COMEDY OF A GREAT MAGICIAŇT

ed that he denied absolutely any suggestion that his client knew of this. Continuing Mr. Potter said the sole point of misconduct was diversion of milk. The minute book was not dis- closed and the alleged diversion

of

milk was known to Mr. Dalziel on March 6 and he had said that he had only one witness.

As regards the allegations defen- dants were aware of same on March 3 but elected-to retain the services of plaintiff.

PARTNER TESTIFIES

It was

for the debentures but only of him as a creditor for $5,000. There was no mention on the statement of it being subject to issue of the debentures. The company had made use of the pro- Perty to swell their assets.

It was a remarkable thing that not a single director was called to justify that.

Mr. Ahwee was a person of truth, had a clean rècord and had been run- ning the

daily farm for 20 years and asked 'that the two men who signed the letter regarding diversion of milk be not believed.

Ip Kong-hing was recalled and said

In conclusion Mr. Potter said his that he was a partner of the Amalga- was a simple and clear Case and mated Dairy Co. and plaintiff was plaintiff was entitled to his property a permanent director,

he, and to substantial damages. He felt plaintiff who arranged the contract that he should say that the persons with defendant firm for supply of who make up the company if they milk. Defendant company owed $3000 | desire to do the fair "thing" by Mr; and were sued but a compromise ar- Ahwee should not try and shelter rived at later as a counter claim was under the protection of the Com- brought in. At the time Plaintifpanies Ordinance but put their hands strenuously objected to this and re-in their pockets and that plaintiff signed ng a result and was paid $2,000 should not suffer as he had been compensation.

without the property for 14 months.

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