1941-05-19 — Page 38

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THE CHINA MAIL, MAY 19, 1941.

ALLEGED OVERCHARGE CLAIM FAILS

WRITTEN JUDGMENT was delivered by Mr. Justice Cressall this morning, giving his reasons for his decision last Thursday, when he gave judgment with costs for the Shun Cheong Steamship Com- pany, represented by Mr. D. McCallum, who were defendants in a claim for $535.22 by the Tai Hing- lan firm claiming return of freight alleged to have been overcharged by defendants on 592 bales of cassia from Kwongchowwan.

Mr Justice Cressall said: --

their

when

Property Plaintiffs were represented by remained Mr. P. I Zimmern.

delivery took place at Hong Kong.

That their agents signed The facts proved or admitted the bill of lading, which stipulat- ed Inter 10. that after the

Is not allowed to pay

are as follow:- -

The plaintiff firm are general freight has been fixed the ship- importers of merchandise, the de- 'per

for the same.

Principal Bound

less

fendants being the agents for the owners of the s.s. "Tai Boa Shek." On or about 7/2/4) the steamer loaded cargo at Kwongchow Wan and there was put on board at that

Now i has been suggested by their agents port by the Tai Wau-wing Firm the plaintiffs that 592 bales of cassin consigned to were not authorized to purchase the plaintiffs in Hong Kong. The cargo space on their behalf and usual mate's receipt was signed that their sole duty was to put on behalf of the ship and a Bill of the goods, on board. Lading was made out, one ropy being given to the representative of the shipper, and one retained by the ship's authorities for de- livery to the plaintiffs

I cannot accept thus contention that the and I And as a fact Tai You-wing Firm were at all material times the duly authoriz→ ed agents of the plaintiffs arret The steamry arrived at Hong that in accepting the terms and Kwong on February 9 and The conditions of the bill of lading plaintiff them having been noti -

they bound their principals, ie fied took delivery of the goods the plaintiffs, to the contract of paying The amant of freight charged Le, $1,764 72. Subsequent ly the plaintif firm protested in The defendants as to the amount. alleging that the bales of eussia had been wingly measured. The defendants

the replied denying allegation.

+༣

On March 4.

Arm of

with the That being so they cannot now protest that

carriage entered into steamship con pany.

They were overcharged. The time for protesting was when the cargo space was engaged and when the measurement took place at Kwongchowwan.

marine surveyors, at the request For these reasons I hold that The plaintiffs, measured 592 | the plaintiffs have failed to make bales of cassia then lying in go- out their claim and there must downs of the plaintiff company [be Judgment for the defendants

and found that the total mrasitre- | with costs. ments were 2.475 cubic feet as avninst the 3,749 cubic feet on which the freight hart been charged,

the

170-

The plaintiffs thereupon brought

for the present action

they allege was covery of what uvercharged thein.

Now, before dealing with the case as a whole, it may be con- venient

to state at the outset what the term "freight" is gen-

erally understood to

mean.

Freight is the reward payable to

120,000 TROOPS IN MALAYA

TRAVELLERS

BLIND PEOPLE

GO SIGHTSEEING BY 'PLANE

A "sightseeing" tour in a 'plone flight over Salt Lake City, Utah, was carried out for

blind twenty sidents.

Before

re-

they took

was

off, the party allowed to spend an hour going all over the 'plane, feeling the different parts. Each of the gadgets was described to them.

As they passed over the city the views were described to the blind passengers. They said the flights had been a "thrill." Only one passenger complain- ed. He wanted a few more bumps "just for realism."

LOVE UNDER WAAF GUARD

Due to meet her boy-friend on # Saturday night, a W.A.A.F. given seven days' C. B. the pre- vious day was allowed to start the term on the Sunday.

But the officer to whom she made the request sent a corporal along with her as escort.

Bays

"What a sel!!"

the W.A.A.F. "We took her with LIG all the evening, then she escorted me home.

The boy friend rather put his foot in it by suggesting that I might have given him some war- ning and he would have brought

to a corporal along

make it a foursome!"

The OF MALAY A

FROM SINGA. ARRIVING IN SAI.

the carrier for the safe carriage | PORE and delivery of goods; it arisesGON ESTIMATED THE TOTAL on a contract for the conveyance | ARMED FORCE of merchandise, and is in its REACHEO 120,000 TROOPS, showing a light in the black-out. mature an entire contract, so that, REINFORCEMENTS ARE AR.

as a general rule, nothing can be demanded for freight until the contract is completed by the de- livery of the goods at the place of destination,

Plaintiff's Case

RIVING DAILY FROM INDIA AND AUSTRALIA, THEY SAID.

The travellers also reported the Arst contingent of 10,000 British troops have landed on Sarawak, Borneo, placing British Tommies within 100 miles of the Philip-

If, therefore, t person receives | pines. goods from

ship. on board 1 which are shipped to the ship-

W.A.A.F.'s offence

SO ROME SAYS

ITALY HAS

Was

LOST A TOTAL

(Two American made flyingOF 212,841 MEN, INCLUDING per's order, he makes himself by outts, flown from San Franciscu | DEAD, WOUNDED AND MI89- by American pilots, | ING. SINCE HER ENTRY INTO acceptance of the goods liable to to Manila

delivered to British | THE WAR, THE ITALIAN GOV- all the terms of the Bill of Lading, have been

presumably This is well settled law and I do authorities,

those at ERNMENT ACKNOWLEDGED. now. Other American not think the solicitor for the Malu

Of this total, 20,251 were dead; plaintiffs disputes the fact that ships have been sent to Singapore | 50,413 wounded and 141,977 miss-

this is 59.

His argument, as I understand it, is based on the ground that his clients' contruct with the defendant firm is nothing to do with the original contract tered into by the shippers Kwongchowwan

but

en-

at

is an

implied contract which arose at Hong Kong when delivery of the goods took place.

In other words, his contention

by steamer.)-Associated Press.

B.W.O.F.

DONATIONS

Following is the latest

list of

ing.

and some

April casualties, including the Balkan and African campaigns previously unreported losses, totalled 5,884 killed and 17,986 wounded,

nouncement

Press.

said.

a recent an-

Associated

THREE MONTHS'

IMPRISONMENT

Convicted on the charge of

is that the receipt of the goods subscriptions received to date for by the consignee amounts to credit of the British War Organis- evidence of a new contract, dis- ation Fund, Hong Kong Branch: tinct from the contract of carri-Previously Acknowledged £100; age entered into by the shipper, $701,804.45; Miss M. L. Whitley whereby the consignee, in con- (Monthly) $50; Quarry Bay sideration of the ship owner giv-Working Party $9.50; Mr. and loitering on the staircase of No. ing up his lien on

goods, Mrs. A. F. Hotden (Monthly) 200, Prince Edward Road, agrees to pay the freight. This $10; The Kowlooh Cricket Clubsidence of Sgt. F. Roberts, principle has been laid down in Being part proceeds of Entertain- Chinese were sentenced to three a series of familiar decisions and ment "Boy Meets Girl" $400; E. months' hard labour by Mr. H. no objection can be taken to it, Lloyd Jones (Monthly) $10; R. C. Macnamara at Kowloon this but as was held in Allen v. Col- Hancock (Monthly) $25; Dr. K. W. morning,

the

re- two

tart (1883) 11 O.B.D. 782 it is a Chaun (Monthly) $30; In Memory One of the accused had ninė question of fact, to be determined of T. H. Hynes-Mrs. Angus and previous conviction and the other by reference to the circumstances Sons $20; In Memory of T. H. 10. of the particular case, whether Hynes-Mrs. and Mrs. W. W. C.

this contract exists or not.

Shewan $10, Anonymous (Month- Now, what are the circumstances | 1y) $5; and Analysts Government laboratories →→ April $77. Total $702,450.95.

of the case under review?

SCHOOL FEES UP (SPECIAL TO "CHINA' MAIL"

It is clear, and indeed not dis- puted by the plaintiffs, that the Tai Yan-wing firm of Kwong- chowwan were at all materaial times the agents of the plaintiffs. That they (the Tal Yan-wing Orm) in the ordinary course of their business as agents, erigaged

The S.M.C. Education Board cargo space on the steamer and put the goods on board on f.o.b. has raised school fees in all Muni- terms. That the goods wore the cipal schools lu Shanghai from property of the plaintiffs at the September I-International News time they were put on board and Service,

OPIUM FRAUD

Chau Tong, 34, was charged before Mr. G: T. Lowry at the Central Magistracy this morning, with attempting to obtain 48 by false pretences;

It was alleged that defondant offered two tubes of “Government oplum" to Chan Lam yesterday, för $8. The tubes were found to contain other substances.

Defendant was remanded for further enquiries.