Анна
SUPREME COURT.
Monday, April 3rd.
IN ORIGINAL JURISDICTION.
Daily Press
BEFORE HIS HONOUR SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
TATEM . HOWELL,
John Tatem brought action against Frederick Howell, chief bailiff of the Supreme Court, for an account since 24th September, 1905, of the receipts and disbursements of the defendant in respect of the plaintiff's business of a butcher aud compradore carried on under the style of the Hongkong Butchery, and for a receiver.
Mr. M. W. Slade, K.C., instrooted by Mr. J. II. Gardiner, appeared for the plaintiff, and defendant was represented by Mr. Eldon Potter, who was instructed by Mr. C. E. H. Beavis (of Messrs. Wilkinson & Grist).
Mr. Slade said it was admitted that the busi- ness of the Hongkong Butchery was started in October, 1895, by the plaintiff, and the defendaut advanced a sum of $1,500 to Tatem on terms contained in a written agreement that he should receive half a share of the nett profits. The plaintiff's evidence would be that he ran this stall in the market from the very beginning of the opening of the Central Market. The idea was that a European butohery would command a large number of customers among the European community. Apparently, from the very start the business was a successful one. The plaintiff had nothing to do with the ac- counts. All he did was to collect the money and pay it over to Howell, who ran the financial part entirely. The business Was rery well supported from the very beginn- ing and within a month there were between 300 and 400 customers. At the end of that year Howell informed the defendant that they were losing between $300 and $400 a month, and suggested that the business had better close. Tatem could not understand this, as they made no bad debts and be had been paying in some large and substantial sums. However, he made an arrangement with the rompradore from whom they had hitherto been buying their meat wholesale, that the compradore should
Ene.
p4/4/11
rna
the
0.0
96
R 2 JN !
business and give them 2 3 per cent. commission on the This arrangement came into force in the be- takings. ginning of March, 1896, and the result of the change was that in the first mouth, on the 3 par cent. basis, there was a profit of over $450. The business was not merely the selling of fresli meat in the market. Their speciality was the making of sausages and corned meat, while they sold American butter, the Australian article not being imported at that time. This corned heef and sausage business was not carried on wholly in the market stall. The apparatus for making sausages and the plants for corning beaf were set up in Mr. Howell's house, where at the beginning of the business Mr. Talem lodged. That business continued to be carried on at the defendant's house after the compradore took over the whole of the financial side of the business, the arrangement being that they should buy from the compradore such meat as they required for corning and making sausages at the wholesale price, and sell it back at an increased price after the corning and making of sausages. The monies the compra. dore paid monthly consisted of two parts: first offall, he paid 3 per cent, on the month's sales, and, secrndly, he paid the difference between the wholesale price and the agreed higher price of corned meats and sausages. The compradore continued to carry on this business to the satisfaction of all parties until the month of December, 1895, when he announced that owing to private arrangement he would have to give np the business, but he had two friends who wore willing to carry it on. Up to the end of 1896 all the money which Tatem drew from the concern was $100 a month. The whole of the balance of the profits went to pay off the amount which Mr. Fowell had advanced. Defendant started that in addition to the $1,500 which he originally advanced, he bad advanced an extra i $4,000. The affdavit be bad put in showed i only $3,500, but now the amount had or parently i grown to $4,000. So far as the plaintiff had been able to trace, defendant had paid in not more than $5,000 altogether, and the bank-look showed that he bad received $5,300 odd out of the business.
Evidence adjourned.
was called, and the hearing
No comments yet.
Private notes are available after approval.