1941-02-05 — Page 41

THE CHINA”MAIL;, FEBRUARY 5, 1941.

Successful Claim By Solicitors

JUDGMENT WITH costs was given to Messrs. Johnson, Stokes and Master in an action before the Chief Justice, Sir Atholl MacGregor, at the Supreme Court this morning when they appeared as plaintiffs against Mr. Dennis Victor, of the Lido Dancing Aca- demy.

The claim was for $1,055 being solicitors' fees for work done and attendances performed for defendant by plaintiffs as his solicitors in respect of an O. J. ac-- tion in 1933 and for money paid by plaintiffs as such solicitors, at defendant's request, in respect of the said action.

WHS

Mr. H. C. MacNamara appeared, again and to'd him that Mr. Leo for the plaintiffs while defendant; D'Almada had agreed to take his Defendant man- conducted his own defenec, which case for $250.

B. D. Evans. of aged to raise $200 and he, that Mr. Mesers, Johnson, Stokes and Mas-ness, asked Mr. d'Almada to ter had agreed verbally, at the cept this amount on account, time, to conduct the case without

after Counsel's

ny charge and out of pocket expenses. been paid,

fecs had

Several Letters

wit-

ac-

The allegation of the agreement Mr. G. G. N. Tinson said that in the defence was untrue. Hay- he took instructions in connection, ing raised the $200, defendant told with the action and later handed witness he was not able to raise over the case to Mr. Evans.

any more money. Having taken In answer to Mr. Victor, witness the action so far, witness could denied having seen defendant only; not let defendant go undefended unce, when he sent him to Mr. and he agreed to continue and on Evans. He had the case from Oc- the understanding that costs tober, 1933, to June, 1934, and the would be paid at a later date

in the draft defence | small instaliments, if Corrections were in his own handwriting in wanted. December, 1933, and he must have even defendant or several crea-

Sons.

in Mr. B. D. Evins said that itme. 1934, he took over the cas He saw defendant and told him the act on had been set for trial nd that it was necessary to brie' unsel. Witness knew Victor was extremely hard

น then and stressed the importance of raising

It was a difficul Counsel's fees.

Pase. He later saw defendan

INVITATION TO 'PHONE SUBSCRIBERS

Sir-May I through the mediumi of your esteemed paper appeal to its many readers to give a cause, which I am sure is worthy. their consideration,

**%

defendant

Continuing. Mr. Evans said that several letters were wisten to de- fendant. He recalled an occasion when defendant visited his office with about $200, put the money on the table and asked witness to accept that as all he could do. Witness refused the amount in set- tlement and defendant. for the first time, raised the suggestion of the agreement he now alleged.

Mr. Evans said he denied en- tirely the suggestion and the money was not accepted.

Mr. Evans later went on leave and nothing was done till March 1939, when the matter was started again when defendant appeared in

court.

"Not Worth Suing

In reply to Mr. MacNamara, wit- ness said that, as a matter of of fice routine, there would have been some reference in the of- flee of such an agreement hal been made, and even then h could not have agreed to it un ese be had consulted either Mr. Tin- sou or Mr. Lewis of his office.

I refer to the Society for the Protection of Children. As many of your readers will recollect Sir In reply to Mr. Victor, witness Atholi MacGregor, the Chief denied that he said that if he lost) Justice of Hong Kong, made a the case he would not charge de-

Mr Victor pointed out | cey stirring specch over the radio fendant.

had passed and sometime age asking the pubile that six years

of

t denate generously to this So-nothing had happened. He ask- erty which I understand is sorely d why he was not sued before. in need of fund to the extent

Mr. Evans said that he did not approximately $28,000.00 to en- think defendant was worth suing able it to carry on for the cur- On his own behalf, Mr. Victor. rent year.

in the witness box insisted that agree- Mr. Evans had made an

Cross

cause.

I venture therefore to suggest a method whereby this sum. riment verbally with him. part of it, could possibly be r cd examined by Mr. MacNamara, he after towards helping" a most deserving said he came into money

no. the action in 1933. He did There are in fiong Kong ap- pay plaintiffs as he did not owe proximately 15.000 subscribers to them anything. He paid his the Hon Kon; Tlephone Com-counsel for that

case last year pony and, on each deposit made when Mr, d'Almada would not go by these subscribers, a certain to court unless the balance of his amount of interest is payable by fees were paid. the Company annually. If these Subscribers or a large portion of them would only waive their in- fces were as Mr. Evans made all terest which could not be possibly more than 2 or 3 per cent and donate same to the Society. I do not see why a substantial sum should not be raised.

Although I am fully aware that in Hong Kong there are other So-

1 am

KEY TO ONE WAY.

He did not know what counsel's

the arrangements,

He did not know that the cost of a S. J. action in 1934 had been written off by p'aintiffs as a bad debt because he had not paid up.

Ex-Employee's Evidence

cieties worthy of consideration yet, nevertheless, I earnestly hope Leung Hing-sun. formerly em- that your many readers will give ployed by defendant. said that he my suggestion their due support.lent defendant $200, seven years)

ago. He went with defendant to plaintiffs' office and there' saw Mr. Evans. During the conversation. Mr. Evans said to defendant: "Let me fight this case for you; I am sure of winning. If I lose, I do not want a cent.":

SNATCH-AND-RUȚI

·THIEF...

Mr. Evans had said, that, the $200 was for. counsel's, fees,

In answer of Mr. MacNamara, witness said he had not been

to

Charged with stealing, 27 bund Jes of Jose sticks from a shop in Reclamation Street last night, Cheng Hon, 17, was placed on a plaintiffs office since then, till last $10 bond to be of good behaviour year. He had a good memory as for one year by Mr. E. Himsworth he had advanced the money. and

at Kowloon this morning.

it defendant had. won the case he would have benefitted.

Giving "Judgment, the Chief Eighteen cases (one Importedi Justice said defendant had failed of tuberculosis, six of dysentery, to satisfy him that such a verbal five of measles, two of typhold agreement existed. Mr. Evans had and two each of diphtheria, and had no business to bind his Orm chicken pox.were notified to the and there was nothing on file to Health: Authorities yesterday: prove such an agreement,

|

ITALIAN PRISONERS ESCAPE

Two Italian prison- ers, of

war escaped from detention camp at Ramgarh, near Calcutta, yesterday. Both were officers. Reuter.

H.M. CONSULATE BOMBED

1N A

A BOMB EXPLODED READING ROOM ONE FLOOR CON- BELOW THE BRITISH SULATE-GENERAL IN ZAGREB (YUGOSLAVIA) YESTERDAY.

A WOMAN IS REPORTED TO HAVE BEEN SERIOUSLY IN- JURED BY THE BOMB, WHICH is THOUGHT TO HAVE BEEN THROWN THROUGH A WIN- DOW. BOOKS AND FURNI.... TURE WERE DESTROYED. REUTER.

!* on

FACT-FINDING MISSION

Mr. Laughlin Currie, President Runsevelt's personal envoy, who economic a fact-finding mission to Chungking, left Manila for Hong Kong this morning in the Clipper.

Mr. Currie carries personal Freetings from President Rouse- yelt to General Chiang Kai-shek. He told reporters that China's credit is good and that Ching is not only keeping up with pay- ment: she owes but is ahead of Reuter. schedule. ---

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