1949-09-13 — Page 3

THE CHINA MAIL,. TUESDAY, SEPTEMBER, 13, 1940,

Pago 3

Claim For Nine Lakhs In Alleged Breach Of

The sum

of HK$900,748.15 was the amount claimed at an action for alleged breaches of 'contract ́brought by a former Shanghai mor- chant against another at the Supreme Court yesterday before the senior Puisno Judge, Mr. Justice Williams,

Plaintiff, A. V. White, of 3 College Road, Kow-

loon, charges that defendant and a partner failed to carry out their part of various con- tracts dated 1947 and 1948 and that neither has made any payments contracted for in the alleged monetary transactions.

White claims in the alternative the

sum

of

HK$656,036.50 as damages for the respec- tive breaches of contract. He further claims the costs of the action and other relief.

Defendant denies each and Charles Boeten with regard to every allegation laid out in the foreign currency transactions. lengthy siptoment of cluinn, With regard to all alleged con- set In the statercent of and that he has committed any tracts breach of

that claim, defenfant says if such con- contract plaintiff has suffered any dam-tracts were made-which is not ndmatted by defendant--Etch ages as alleged.

Me. Le d'Almada, KC, and untracts were personal contracts Mr. D.A.1. Wright, instrueled by briween Mr. M. A da Silva, arr represent-heten

plaint and Charles and were not partnership

the plaintiff. The defendant, contracts as F.C. Huberts, OF HU Robinson

furmerly Road!, Shanghai, is represented by Mr

also

were

Contract

Keep Your City Clean

There is nothing more dia- heartening than to be a Job of work well done, Imme. diately ruined by cordlessness

thoughflessness. Human beings the world over take a prido In

work.

JG

their So rem

remember that throw. ing litter into stracts ruina the work and kills interest l the street sweepers monoton- QUI employment. Use the Itter containers and allow the treat whaper to take n Thank pride in his work. you.

Court granted the latter's sugges tion as to the insure and laying out of the race before the Court. Opening his case, Mr. d'A moda told the Court that bot). hove and defendant plaintiff known each other for somie 27 years, and are related by mar Plage. Plaintiff, he stated, wist say that a good deal of the mat. ter was founded upon trust. Na receipt and records were kept by him

en the den'u petween by him

And efendant. Some time after the end of the

agreech Further in the alternative, des fendant devies he had any know- fledge

of such contracls at the

the contracts 11.G. Sheldon, KC, and Mr. Alleged to have been made, Paville War. Counsel continued,

time when Clifford on the instruction of Sir

that he ever agreed or mullied Man-kar Las

That during party. Defendant Plaintiff is a merchant former-them. He further denas that he plaintiff met defendant in Shang-

rercived DILY beneilts or 15 carrying an Lusiness at 119 ever Tinker Rund, Room 44, Shanghai, value therefrom either as a part-there told plaintiff that he was in partnership with one Bicten in Defendiont

business, merchant And fer or at all

trader formerly carrying on bust-

171

Chinese Law

intro- Ev)-

Later the defendant suggested that a direct line tele- ness from September, 1946, und Defendant further maintabs

phote be installed between plaio- the material dates at 153 Nanking that Charles Baeten never and tits ofee and that of the de- Road, Roans 23. also in Shanghai,have any authority either express to audiant,

partnership with

Defendant eventually Churles or implied to enter into any of Baeten un equal partnership the transactions. In such way a doced plaintiff to Baeten.

to bind defendant. In the alterna-dence will be given that through- basis.

Plaintiff clairon that by the tive, defendant says all such out, these two gentlemen con- following

contracts--which im-transactions to the knowloten of dusted themselves as partners in Mr. d'Almodu plied usage within 10 days of the the plaintiff and Charles Barten their dealings,

contructed dule of they

for all material times were by stated. value received therefore by the son of the matters hereinafter defendant from the plaintiffs alleged illegal or criminal trans-

the

diefendant

actions. with Charlest Bacten to

Tsed, effect payment in the following

terms:

Λ.Ψ. White pay

t

reason

Payments In HK Payment of Chinese National Currency

Mr. B. C. K. Hawkins, Secretary for Chinese Affairs, at the laying of the founda- tion stone of the Industrial and Domestic Training Wing, Po Leung Kuk, yesterday On Mr. Hawkins' right"in-Mr. Li Trün-nung, chairman of the Po Leung Kuk.-"China Mall" Photo. '

New Wing Being Added

To Po Leung Kuk

Inmates of the Po Leung Kuk (home for women and children) are to be taught industrial handicraft and domestic duties, to equip them to face the world when they leave the Kuk.

Chinese Soldiers Pass Through HK

A new wing is to be add- ed to the West end of the

Kuk building, in be called the 8

Industrial and Domestic Train-

ing Wing, to house the school

in which this education is to be provided. Na-

About 1,400 Chineze tionallat soldiers and their families arrived here by the Chinese steamer Kao Hslung from Canton yesterday,

There are about 1,300 tone of military stores aboard.

The destination of the Kao Helung, which la making her

appearance 11 Local water, is not determined yet.

She is due to leave today.

first wns then mode by At all material times, the state- ment of defence goes on to say, plaintiff to the partnership. Upon receipt of such payment defen- plaintiff and defendant were in

tendant would effect payments

In you Shanghai and each of them car-

country G30,277,300,000,

the particular forelig you- ried sint

on business

and was or

of that currency the partnership of P.C.dinarily resident in China, Ench concerned in the Roberts and Charles Buelen for of the alleged transactions took country. With regard to payinents Ruch consideration-agree to pay place in Shanghai by the law of Hong Kong, these were made one Miss Kitty Anderson In from available funds in the U.S.A. China in force in Shanghal, and one

Counsel stated. to the account of L.K. Taylor each of the transactions alleged

Colony Augustus Victor White, plain- with

the Chase National Bank. was

the knowledge of the New York, within 10 days from plaintiff illegal or criminal and eventually took the stand. Ho said evidence that before com-

in the date of contract the sun of contrary to the laws of China and

Tieng Kong.

US$46,500."

The total of the 10-odd con-

tracts

US$130,825, amount to 13,500 and $50,000.

Statement Of Claim

to

the

Ing to Hong Kong in early 1948 By the laws of China, any he had lived all his life in Shang- hat. After the war, he had a agreement made in or after business of shares and general February, 1947, whereby in brok

In this business of consideration of any money foreign

exchange currency, he paid or

or xgreed to be paid by b

business associate, Mr. party the other party Malland. undertook to pay money in any

place outside China was illegal or criminal agreement. The defence goes on to down at all material times, nel-

set

brokerage.

Plaintiff went on to say

The statement of clulm alleges that the defendant and his part- ner, Bacten, folled completely to

that when defendant met him at the carry out their part of each of the contracts. Neither the defendan!

party in 1847. defendant suggest- nor his partner has made any ni

Arm. Ite mentioned he was in the said payments contracted for,

that he do business with his and they are unable or unwilling ther plaintiff nor defendant nor partnership with Baeten, who had

authority Charles Baeten had any to make these payments,

been dealer in exchange for Alternatively, defendant at all for making any payment

in New

some time. imes material to this action, re-elsewhere out of China in respect

York

ork, London or Hong Kong or

While then went at length into the many presented to the plaintiff that he

and oxchange deals Charles of transactions alleged and each

transactions partner with

ho had with the in the said business, pials- of the transactions was intended partnership after many of which, out that tiff further claims. Plaintiff him- by the plaintiff to be an evasion he claimed, he found self, relying on such representa- or illegal or criminal breach of some of the contracts were not fulfilled by Roberts and were in tion, entered into the transactions the laws of China,

All monies paid by plaintiff to defau in question,

Charles Boeten were paid to the By the law of China. ally knowledge of the plaintiff for antinued, he got informations that On January 9, 1948, he con- representation by the defendant

legal or illegal purpose, and ir-Roberts procludes defendant from setting

was leaving Shanghai After a search Lip

plaintiff the non-recoverable, plaintiff claims. He for Hong Kong. against

agreed to ratify

Roberts could not ba found. existence of the partnership be-denies he ever

Charles such contracts as alleged.

Finally, two days later, he him- tween defendant

Donios Liability self new to Canton, and took a Baeten,

train to Hong Kong,

Win Baeten

BY

By

Chinese

and

he

Youth Faces

Assault. Charge

Laying the foundation-stone of the new

Mr. wing yesterday, B. C. K. Hawkins, the Secretary for Chinese Affairs, commended the chairman and committee of the Po Loung Kok on their far sighted policy and enterprise. Set- Ling up of this school was a step in the right direction, he said.

Reminders

Today

1K Rotary Club Launcheon, Roof Garden Hong Kong Hotel. Sq. Lr, H.D. Yule, DSŐ, DFC speaking on "Battle of Britain. 12.30 p.n.

Urban Council Meeting, 4.15 pan. (Application for Reences) European YMCA Uridge Drive, men, (Went-Lounge).

p.m. for Civilians and Service-

Coming Events

TOMORROW

YMCA Debating Group Meet- Ing at European YMCA, Kowloon, 6.30 p.m.

YMCA European

Mahjou: Lessons, 8 p.m. (West Lounge). No charge for Servicemen,

THURSDAY

Kowloon Rotary Club Lun- Hotel. 13.30 cheon, Peninsula

For dotades the Po Leung Kuk had served as a refuge for home- less women and children, and had served society in the best of Chin- p.m. Speaker: Dr. Moody. Sub- ese traditions, said Mr. Hawkins. Jeet: "Tuberculosis," This, however, did not mean it!

also moving forward with the times and adapting itself to changed conditions.

was not

The directors of the Kuk had

Y's Men's Club

HOW MANY

RASHERS

OF BACON IN A TIN OF

MAYFAIR

BACON

RASHERS?!

That's the $2.80

Question-There's

Plenty, and every Rasher is a Real

Beauty!

THE DAIRY FARM ICE & COLD STORAGE CO.LTD.

HONG KONG

KOWLOON

ORIGINALOOHNER

"A Machine to count on”

NOW IN STOCK

Sole Agents

Lamcheon. DODWELL & CO., LTD.

Jolly Variety. Show

Hong Kong Hotel Roof Garden, 1 p.m.

Rev. Speaker: Right Bishop R.O. Hall. Subject: "On Defending Hong Kong. falt more and more the need to

European YMCA "The Barn- with the equip their charges

(West Summoned for uttering in-

wherewithal to face the world stormera" will entertain. sulting language and unlaw-

and to earn a living for them. Lounge). fully assaulting Cheung Leung,

salves when they left the Kuk. for Troops. 8 p.m. complainant, coxawain of the

Accordingly the decision was motor boat Elephant, Z. E. made to establish this new school Brown, aged 19, of the China to give them the necessary train- Construction Company, present

was ing. before Mr. James Wicks at Kowloon yesterday.

The complainant told the court

New Chairman

that at about 4 pm. on August Mr. Li Tsun-nung. the chair-

4. defendant's father, sister, de- man of the Kuk, thanked Mr. fendunt himself, four other sal-Hawkins for coming to lay the

No charge.

Court Brevities

An ex-police constable

was

lors and some other persons were foundation-stone, and for the en-yesterday sentenced to six months being ferried to the Chol Lee couragement he had always given by Mr. A. D. Scholes at Centra Shipyard, near Ngau Chi Won the Kuk. from Chu Kok Ling. At the ship- yard, defendant's father and sla-

Yesterday was also the election

ter left the boat which according of new amelals for the coming to her engineer, was developing term, End Mr. Choy Cheong was

mechanical trouble. Later defendant fold complain. unanimously elected chairman of ant to steer the boat to the Tal- the new committee. koo Dockyard where he was sun-sun-nung, gave a review of his

The outgoing chairman, Mr. L posed to plek up a hydraulic

stewardship for the past torn, and hammer for defendant's father.

his colleagues of the This order was not obeyed by thanked the complainant as the vessel's committee as well as the general machines were developing trouble. public for their support.

Then defendant scolded the complainant and in a 'abusive matiner told the complainant to

Exiled does not admit Charles Bacton

Why He Left Shanghai

told

leave the vessel's cabin.

The complainant also the .court that defendant had struck him on the back of the head

in ordering the com. plainant out, Defendant later stood in the witness box and denied that he hurt used any insulting language, He said that the words he used

Taiwan Leader's Plea

To Quirino

on charges of desertion and with

falling to return two pairs of shorts. Defendant was ako des| commended, for deportation.

Defendant deserted the Police Joren In Oetsher' 1948. During the war reais defendant worked for the Chinese Ale Force und after the War joined the poller force.

Defendant asked the Court to reduce the sentence saying that there was a job waiting for him in Shanghal.

were either "you fool" or so for Taiwan's national aspirations, fendant as alleged.

As a further alternative, the Defendant further states statement of claims ataten, de- fendent well knowing that has failed to carry out payments Baeton was conducting himself as alleged, but denies he has any and holding himself out as *lability to make such payments sald that he did so to follow partner of defendant and repre as D

kimmelf to be in part: entrust, in no case was Baeten

with

the

management ith defendant, stood the

of the affairs in the partnership auch conduct and nor was he acting on conformity

with the original authority. Jaw, any such A further denial was made of standing by, precludes defendant the receipt of any money, to the

rem denying is +from

against plaintif

the use of plaintiff The existence of the partnership Defendant staten that even if such between himself and Bacton. sistements had been made, he is Plaintiff claims relyri of not liable to repay such payments HK$900,748.15 us money received for reasons pleaded because In by the defendant to the use of the Civil Code of China, no claim

plaintiff. In the alternative,

for Plainfilt claims the Bum

of money

been paid for an un- ITK3856,036.50 ne damages for lawful cause, the respective breaches

contract. The cost of the action and other relief is niso claimed by' plaintif

Déférica Statement

THEORY Tent can be made where

Chaung Nul, aged 30, a widow residing at Causeway Bay, was Manila, September 12. charged before Mr. Hin Shing-1 Thomas Lio, leader of the at Central yesterday with the Taiwan Independence League, now possession of dutiable commodi- in exile in Hong Kong, wrote to tles President Elpidio Quirino sp-

Revenue Inspector Humphreys pealing for Philippine sympathy

prosecuted und said that de- was in possession of was learned today. The United Press Informant 1,800 cigaretten on which import in a friendly said the letter expressed a bid duty had not been levied.

for Taiwan's participation in the Denies Assault

Defendant was Arrested South East Asia Union and also September 11 at Yiten On Wharf. hope that President Quirino would assume the leadership in

Defendant /wos ¡next $50 or 10 days. early Implementation of the SEAU.

men even

2-

Asked by the Court the reason for his leaving Shanghai, plaintiff

He Roberts

also understood Roberts' accounts were to be in- vestigated in Shanghal by the Economic Police. On account of the fact that in Roberts trans- actions, plaintiff's name would be said he was disclosed, plaintiff afraid he himself would be in- volved in the

Investigations.

other phrases which were quite it Plaintiff went on to explain often used by both that the Economic Patice of when they were Shanghai, before they made any mood. Investigations, would arrest and put one in Jalt, and hold one He further denied that he had thus without trial unless came hit complainant on the back of way of "fixing them up" was complainant's head. He said that reached.

he merely used his hand to us. Plaintiff suid ho left Maitland her the coxswain out of a cabin The informant added the Lino in Shanghal to see if there were in which they were, quarrelling,

expressed hope, that, the Phillp-, A Chinese motor car driver, any further accounts not fulfilled The defendant produced two

pines would sympathise with Mak Jin-ching, aged 27, was witnesses who both stated that

Talwan's deaires for indepen- } given the option of a fine of $200 On arriving in the Colony, they saw the quarrel botweedence.--United Press.

or six weeks imprisonment by defendant states that by a deed told the Court that it was agreed plaintiff continued, he later met the two men. They further såld

| Mr. Hiñ»shing: Lo at Centrul yen: that- no question of English law Roberts at Miss Kitty Anderson's that they did not see defendant dated March 1 of pertnership

on charges of driving proce in this case but wholly of offee at the Hotel Cell. Roberts hitting the complainant.

without due care and attention. 1947, nade between himself and

there did not dony his abilities, Theten, the partnership between

Mak's driving licence was also He submitted that there were and said he would settle, matters

ordered to be endorsed. them was dissolved and a new partnership formed for carrying four issues in this case, three of with plaintin. He further said his on as import and export iner which paintiff. The fourth was wat with his book from Shang-

According to the prosecution, on the

taxi chants and generál commerefal

in the deed these: (1)

of Defendant denies he has com

mitted any breach of contract as set out and that plaintif

uffered any damage as alleged.

Mr, d'Almado, for the plaintifi In the statement of defence, the making a preliminary point, and to keep him informed.

agents in

the fitte name

Yahran Company.

Melow.

Chinese

of on the defendant.

that the undertaking of the part-tored Were was the' defèn-;

taken

was provided

known

FOOD AND FUEL COSTS

Hearing was adjoured until The Insties, He continued, were 2.15 p.m. today,

the contracts en- nership should in due course bo dant a partner with Bacbon (3) he hold himself out as over by a private limited if not, did

such a partner?: (4) were these company to be formed and regis- contracts legal, and so, tan tered in Hong Kong and to be te payment of contracts be ro- The food and fuel costs for the

Company

week ending September 10, issued *** Strnited. In D. * of the red covered back?

Plaintiff's Case Opened by the Labour Office, were as The Yalian April 10, 1947,

follow submitted, that Linvited was formed Bir. d'Almeda Company and registered in Hong Kong. By he must begin, but that having Rice & Flour 7.2 cattler. the formation of this company. discharged the onus, of proof on Vegetables 1.9 cattles

Bait Cobbage 3 callý be partnership contained in the (1)(3) or (1), the burden then on 7 cathy Dissidicined on March 1, 1947, was shifts and the onus is on the do- res 2 catty

fendant to prove t

Salt Flim 3 catty FISH 4 catly

terminated.

the

Minpality

SV EXCEL » for, this viralend of which he claims.mitted humer | Pork 3: entty 20fa09 Any partnership between Coupper that midmitted

which ind. Charles. Bacter ever our legal mubeniadlons and quoted Firewood 10.0 cattles from: autkocilles. In support, of Bean Curd,, 14: ploces

any partnershins betwöld Hitén Bond

Defendant's version of the

quarrel was that after his father and sister had left the vessel, he told the coxswain to steer the

terday MOTOR VESSEL BEACHED

More than 200 pigs and

boat for Taikos boek at the best cowls would have been drown- defendant was driving

wain refused saying that the boat | ed bût för the prompt action along Queen's Road East and at

a mechanical trouble.

had

I then walked defendant how of the master of a motor trad- a bend near the Royal Naval long does it take to repair the ing vessel which leaked while Terrace defendant tried to over- engine, defendant went on "and on the way from Tung Kun take a private car on the left be replied it takes two or three with the livestock for the lde but was unable to do so. Colony on Baturday night. collided with the 'private car.

As a result, defendant's taxi

hours."

J

Later defondant told the court that he scolded the complainant for not checking on his boat be- fore their departure from Cha Kok Ling

Before Mr. James Wicks cu- $4.7400 tloned and discharged defendant 1,8430 ha.maid that the reason of th

2280, incident should lie on the com 1.4350 plainant who thiniding that: de- 9000 Kendang Wan orsky sa dvouna, mai 10380 and he mister i son,” be did not 1:3600 | Care to Tok 1.1220. orders. However, baiti

9300 hand, being

The Wing Bhing was beschied when water, boured in rapidly at Cheong Sha Wan, or Call Fedk

A fishing, "Junk was hired and] (rà "Oltiness merchant was "Aned the pigs and fowia transferred to $400 or two months, by Mr., Hin the junk.

Shing-lo at Central festerday for placing three sacks of six!bleycles grivál, hére | and-spara ':patta on board MV

30- Lang Men

to

the

„Cheung," "agid.

ted by revenge pracers during routine search:

Prijavanto) napactor Humphreys prosecuted and reald defendant. placed the goods on board without

or master of the ship,

OFFICE EQUIPMENT DEPARTMENT

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