CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 393

396

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possession of the defendant less such amount as may be awarded

to the defendants, China Navigation Co., for salvage.

Plaintiffs claimed that the award due to

the defendants før salvage service be assessed by the Court

and that the defendants be ordered to pay them the sum of

$10,833 less such sum as might be awarded for salvage service.

Plaintiffs also claimed $1,000 for wrongful detention of the

first named sum.

The plaintiffs issued their writ in the

original jurisdiction instead of in the Admiralty Jurisdiction.

Defendants applied for the action to be

tried by special jury and the Plaintiffs thereupon applied for

the action to be transferred from the Original Jurisdiction to

the Admiralty Jurisdiction.

The Hongkong Milling Company, Limited. and its

Liquidator

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30.000

Arnhold Karberg & Co.

This is an action instituted in December,

1908, to recover some $225,000 as damages for an alleged breach

of contract in connection with the sale by the Defendants to the

Plaintiff company of an ice making plant, such alleged breach

being in respect of the Defendants' warranty in the contract

to the effect that the plant would produce clear crystal ice

equal to that produced by the Hongkong Ice Co., Id. It will be

obvious that the question involved was one of fact, i.e. whether

the machine supplied could, or could not, produce the required

ice. A trial before a Judge with a jury being the appropriate

tribunal for dealing with em questions of fact and the

Defendants desiring such a trial, they asked for a special

jury, which, however, the Chief Justice refused, on the ground,

as far as the Defendants could understand, that he appeared to

consider the question involved as one of law and not of fact!

The trial takes place this month before the Full Court, by

special