1906-11-16 — Page 5

INTIMATION.

S. MOUTRIE

& CO.. LTD..

ESTABLISHED 1875.

BABY GRANDS

RACHELS,

BY

PLEYEL,

AND

KEMMLER

ROSENKRANZ.

FOR LIGHTNESS OF Torch, QUAL-

ITY OF TONE, AND DURA~ |

BILITY, THESE PLANOS ARE

UNRIVALLED.

A

A GARANTEE FOR

TEST

PERIOD OF Two YEARS

GIVEN WITH EACH INSTRU-

MENT.

SOLE AGENTS;

INSPECTION-INVITED

E. MOUTRIE & CO., LTD.,

York Building, Chater Road.

Hongkong, 30th July, 1906,

HONGKONG

1527

BUSINESS DIRECTORY.

AUCTIONEER.

C. DE M. C. VIEIRA-RIBEIRO,

Auctioneer. Consignments solicited. Aceaut Sales rendered and settlemont effooted promptly. No. 9, Queen's Road

Central, Hongkong.

BOOKBINDING.

"DAILY PRESS" OFFICE,

The only offes in China baving European tanght workmen Equal to Home

work.

IRON MERCHANTS.

SINGON & CO.,

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PHOTOGRAPHER

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Bromide and rayon Enlargements and alwo colouring Photos and relief Photos,

Views of China and Manila. Wer

dous for Amatours; No. 8a. Qu991 B

Road Central.

PRINTING.

DAILY PRESS" OFFICE Proofs read by Englishmen

TYPEWRITERS.

F. A. V. RIBEIRO,

Typewriting Work Undertakon, Cleaued, Repaired, Overhauled. Charges moderate. (late of the Hongkong Typewriting Bureau) BA. Quoa's Rend Coutral

(First-Boer).

WINE MERCHANTS..

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BY

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Inspection Invited.

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FURNITURE STORE.

45

PLATED GLASS AND CROCKERY WARE, &c., &c.; and FOOCHOW LACQUERED WARE

68, QUEEN'S ROAD CENTRAL. Hongken. 1st September, 1993

DR. M. H. CHAUN,

2051

THE latost Method of the AMERICAN

TSYSTEM OF DENTISTRY.

37, DEB YEUX ROAD CENTHAL- From the University of Pennsylvanis, U,8,A Hongkong, 4th September 1905 11674

IEN TING.

SURGEON DENTIST,

No. 10, D'AGUILAR STREET. TERMS VERY MODERATE. Consulation Frve. Hongkong, 21st September, 1905

1759

NOTICES TO CONSIGNEES

NAVIGAZIONE GENERALE

ITALIANA

(Florio and Rabuttino United Companije).

NOTICE TO CONSIGNEES.

FROM BOMBAY AND SINGAPORE. THE Steamship

T

*15CHIA,"

THE HONGKONG DAILY PRESS, FRIDAY, NOVEMBER 16ra, 1906.

hasing arrived from the above Ports, Consignees

BROKER AND LAWYER.

INT BREATING LAW CASE AT SHANGHAL.

At H.B.M.'a Supreme Court, Shanghai, on 12th November, before Bir Havilland de Sans mares, was beard the case of Benjamin and Potts F. Duacan MoNeill, Plaintiffs oleims, 760,19 Mr. J. Hapa appeared for the plaintife and Mr. Loftus Jenee for the defendant.

The following are the pleadings in this

cas:-

STATEMENT OF CLAIM. 1-The Plaintiffs are Stock and Sharo

taking to pay the proceeds of sale were duly paid over by the defendant in socordance with hin said undertaking. The dafendunt dever at ang time undertook nor authorised tho plaintiffs to undertake on his behalf that the asid Com- shares comprised in the said certifloste sad the pany would register the transfer of the 160 defendant was and is ander no legal obligation to procure auch registration.

6.With regard to the sum of Tis. 760.39 alleged in paragraph of the statement of cisin to have been refunded by the plaintiffs to Josaph Rshamia Elias the plaintiffs were under no legal obligation to take such refund,

7-The defendant never at any tímanuthoriz.

of Cargo by har ars höreby informed that their Reakers Carrying on business at No. 2, Kiukiagged the plaintifs to pay on his account the

Goods are being landed at their risk into the hazardous and/or extra bazardous Godowns of the-Hongkong and Kowloon Wharf and Godown Company, Ld, whence delivery may be obtained. Perishable Goods to be taken delivery of immediately.

All damazed packages must be left in ta Godowns, and a certificato obtained from the Trodowe Company within soven days after the vessel's arrival hore, after which no claims will be recognised.

No Fire Insuranen bins boon effected, wed any Goods remaining in the Godowns after the 17th November will be subject to rant.

CARLOWITZ & Co.,

Agente, Hongkong, With November, 1996,

3.8. ERNEST SIMONS," COMPAGNIE DES MESSAGERIES MARITIMES.

NOTICE.

ONSIGNEES of Cargo from London erza

Medor and Charente, from Havre ex 8.R. Medos, in manuotion with above Steamer, are hereby informed that their Goods, with the osoption of Opium, Treasure and Valuables, are bung landed and stored at their risk into the hazardous and/or

of extra hazardous Godowns of the Hongkong and Kowloon Wharf sad Getown Co., Ld., at Kowloon, whance delivery

be obtained immediately after landing, Optional Cargo will be forwarded on unless intimation in received from the Consignees before. Noor TO-DAY, Taguesting it to be landed here.

may

Bills of Lading will be countersigned by the Cudersigned Goods remaining unclaimed after MONDAY, the 19th Nov, at Noon, will bo subject to rent and landing charges.

All claims mast bo seat in to meron or bofore the 19th Nov., or they will not be recoguised.

All damaged packages will be examined ou MONDAY-the 19th Nov., at 3 r.M.

No Fire Insurance has been affected.

G. DE CHAMPEAUX, Agunt. Hongkong, 12th November, 1906.

NOTICE TO CONSIGNEES. THE P. & 0. 8. N. Cola Steamer

"PESHAWUR,"

e

FROM ANTWERP, LONDON, MALTA, PORT SAID, SUEZ & STRAITS. Consignees of Carge by the above-named rossel are hereby informed that their goods are being landed and paced AT THEIR RISH in the Hongkong and Kowloon Wharf and Godown Company's Godowas at Kowloon where each consignment will be sorted out mark by mark, and delivery can be obtained as soon as the goods are landed.

Optional goods will be landed here unless instructions are given to the contrary before

6 houra,

Goods not cleared by the 19th inst., at 4 P.M., will be subject to rent.

No Fire Insurance will be affected by me in, any case whatever.

Road, Shanghai in the Empire of China.

2-The Defendant is a Betristor-at-Law and a member of the firm of Hanson, MaNail and

Jones, Solicitors and Advocates of No 5, Hong.

kong Road, Shanghai, aforesaid.

Bum of Tis. 760.39 or any other suta and if such was in fact paid by the plaintiffs they are not entitled to any indemnity from the defendaal in respect thereof.

Was

agents

3-The Plaintiffs in the month of January. In January of 1994 the defendant banded script Mr. Hays related the case for the plaintiffs. 1904 were employed by the Defendsut to act as

to the plaintiffs representativo, Mr. Clark, with the Agents and Brukorn of the Defendant for the purpose of negotiating the sale of and of instructions to sell 150 Shell Transport shares, selling (inter alia) one handrail and fifty (17) in the name of Mr. Julius Kaeckt and 50 in bearer shares. The sale was effected by the ordinary, shares of Po one sach in the plaintiffs Transport and Trading Company.

to M

Y. R. Elins, stock braker, Dad Limited, om dividend.

money realised. Tis. 1,140.39 over to the defendant loss the usaal amount for 40.39 was banded brokerage fess. Nothing farther

beard in connection with the master nutil the month of that the company had refused to register the September when the news reached Shanghai transfer of the 10 shares for reasons stated in a letter of the 2nd Nov. to their hore. Messra. Arnhold, Karbarg & Co.. the queries being as regards the date, consideration money, stamp duty, the registered address of the transfers and the informal witness to Mr. Knecht's signature. refused registration on those grounds and The shares were

registered. M. Elias as broker was called up to the present time they hid not bean upas by his client to make good the loss- aither to get new script or le refund bat he had been paid and Mr. Elias debited the plaintifs with the purchase prios af thou 100 abares for Tis. 760.30 with intorast com the 19th January up to the time of payment. defendant, he having instructed them to act Plaintiffs now sought to be indemniflol by the

bis brokers.

4.Of the said one bundead and fifty sharas a single certificate for 100 shares was misle out in the name of one Talius Knecht nad a blank transfer bearing the signature ne what purported to be the signature of the said Julius Knecht was

+4 thereto them. other 59 shares were Bearer" shares.

5. On the 15th day of January, 1994, the Plaintiffs acting us Brokers and Agents for and on behalf of snd at the requat af the Defendant said the said one handed and fifty shares to one Joseph Rohamin Elias of Shanghai for the sum of prunds one hundred and fifty eum dividend which said. sum of pounds one hundred and Sity represented at exchange 27,8/16 the thon current rate of exchange the ram of Tala 1,140.9 89. which raid sum was daly paid to the Plaintiffs by the said Joseph Rabamin Elisa.

On the 16th day of January, 1904, the Defeud- ant handed to the Plaintiffs as such Brokers as aforesaid the scrip representing the said 10 shares with the said signed blank transforns Attached and also the surip for the said to Bearer Shares.

said sum of als one thousand one hundred and 6.-The Plaintiffs after delucting from the forty and cents fifty nine (Tis, 1,340.50) the sum of Tals 5.70 being the brokerage at the customary rate of 12

per cent on the said sum Tasts 3,140,59 due to them as such Brokers and Agants as aforesaid duly paid the sum of Tools 1,184,89 (the inlance thereof) to him to the Defendant and handed over all the said serip to the Joseph Rabumim Elias.

7.-The Forip for the said shares was in due course forwarded to the office of the Shell Transport Co. for registration but the said com pany have refused and do still refuse to register the transfer or otherwise recognise the rule of the 100 shares the certificate for which is made, out in the name of the said Jalins Knecht.

S-a consequence of such refusal on the part of the Shell Co. the plaintiffs have been com. of Tla, 760.29 the purchase price of the said 100 pelled to refund to the said J. R. Elias the sum

shares.

The Plaintiff therfore pray:

3. For further and other relief.

ANSWER

His Lordship enquired as to whether there were any rules on kokerage in Shanghai,

was the custom among brokers here for cue to Mr. Hays replied that there were not, but it indemnify the other on script which would not by transferred,

reference which stated that a broker cou'd not His Lordship referred to a well-known sae unter contract in bis own name as s

broker.

Mr. Haya referral his Lordship to Leake on indemnify Mr. Elias and in doing so they contracts. Plsiatiff, he said, were bound to simply turned their indemnity to the defendant.

Mr. Jones submitted that if his friend was relying on the custom of Shanghai it ought to hare been alleged in the pleadings. The action,

ording to the pleadings, was indemnity by an agent and the custom of the place was not re ferro to.

for

plaintiffs.

Mr. Ifays proceeded to call, witnesses for the

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to be handed over in settlement of the cash transaction. It was not the prnotion of beckées principala Practically the whole of the dare here to disclose the names of their raptive business in' Shanghai FUR done through brokeri. The transfer of shans might remain blank notil the scrip had

ad through many hands, Witness handed over the scrip and the black transfer to Mr. Elles who lauded them over in the same way to a third party. The shares in andurstood, passed through two or three hands qostion, withers before the transfer was appli for. Witness

INSURANCES

MARINE INSURANCE.

Isha Tu FAGE ADJUSTER

lave This Day Established Myself in and am prepared to undertake the Adjustment of General and Particular Average and other Claims.

Telegraphic and postal addross

WADMAN SHANGHAL" IL. P. WADMAN, Corresponding Associate Association of Average Adjusters, Great Britain.

12036

Hongkong, 3rd November, 1990. L'UNION OF PARIS FIRE INSURANCE COMPANY, LIMITED

-tma.

* Undersigned having been apprinted AGENTS for the shore Company are prepared to accept Risks against Fire it currant

SIEMBBEN & CO. Hongkong, 1st January, 1904. TORTH BRITISH AND MERCAN-

TILE INSURANCE COMPANY. POPAL FUNDS AT 318т Dsomaan, 195 £17,837,119.

AUTHORISED Capital., £3,(#),000) SUBSCRIBED CAPITAL... PAIN-UP CAPITAL......... 11. Fras FUNDS,

750,00 687,5

+

2,386,720 19 8

Company, are prepared to ACCEPT EISES The Undersigned, AGENTS for the shore gainst FIRE at Current Rates.

SHEWAN, TOMEA, C., Agents Hongkong, 11th July, 1996.

1.1440

AACHEN AND MUNICH FIRE IN SUEANCE CO.

OF AIX-LA-CHAPELLE.

THE Undersigned, having been sprat ted prepared to ACCEPT RISKS against FIRE AGENTS for the above Company, sre Cirrant Hates.

REUTER, BROCKELMANN & C

Agents. Hongkong, 21st April, 1997,

311

did not know was responsible for the filling up

of the scrip in this case. The plaintiffs in the first place wanted Mr. Elias to as them in Court but Mr. Eline deducted the amount from certain dividends which were due to the plaintiffs ned said that the plaintifs could sus him. No action was taken against Mr. Elio by the plaintiff firm but they kad

pressed Mr. McNeill

they would not have gail him the money without for the money. ad Mr. Elias not debited the plaintiff fem with the amount of the sharon Mr. MoNeill's authority. Witness was informed by Mr. Elins that the transfer had been sent to HE Undersigned, having been appointed London. As far as witness Krew it had brien THE Knecht admitted that the transfer was signed by Mapropared to ACCEPT RISKS against FIRE AGENTS for the above Company, are at Curat Rates

CARLOWITZ & Co. Hongkong, Bh August, 1. 1586

C. D. Field, of Messra. Arnhold, Karberg & for the Shell Transport Co. The Company's Co., said his firm were the agents in Shanghai letter-book contained a copy of a letter went to Landen containing the script for these shares. Ia dne cours plaiatiffs received the reply

producsd.

Cross-aramized-It was the duty of 5 rukold. Karborg & Co, to receive such forward transfers for registration.

This was the case for the plaintiffs.

plaintiffs could not supp-ed on the attdenes and For the defaaco Mr. Jones submitted that the

on the pleadings, becsus the nature of their claim was

that the defandant be ordered to forth with pay to the plaintiff T 760.39, moany which the plaintiffs, on behalf of the the evidence of Mr. Clerk that the money was defeadsat, refunded, ate." It was clear from not paid with defendant's authority, but ax a matter of fact the latter which had been given in evidenco indicated that d-fondant denied all

Damaged packages must be loft in the Go- and 4 of the statement of daim except in so far course he was paid by Mr. Etias and after inbility and refused to pay. So that wo far as

Godowns.

downs for examination by the Consignee's and the Company's representative at an appointed hour. All sinims must be presented within ten days of the steamer'a Lazival here, after which deto they cannot be recognised. No claima will be admitted after the goods bare left the

E. A. HEWETT,

Superintendent. Hongkong, 13th November, 1906. NORDDEUTSCHER LLOYD, BREMEN. IMPERIAL GERMAN MAIL LINE. NOTICE TO CONSIGNEES. THE Steamship

THE

WILLFHAD," having arrived, Consignees of Cargo are hereby informed that their Goods, with the exception of Opium, Treasure and Valuables, are being landed and stored at their risk, into the hazardous and/or extra hazardous Godowns and Kowloon Wharf and of the Hongk Godown Co Kowloon, whence delivery may be obtained.

Lave left the Godowns, and all Goods remaining No Claims will be admitted after the Goods

to rent." undelivered after the 18th Nov. will be subject

II. J. Clark, sharobreker in the plaintiff firm, sworn, mid he received instructions from 1. That the Defendant be ordered to furth-

Mr. McNeill in January, 1904, to sell 150 Shell with pay to the Plaintifle the sum of Tls.shares. The shares were represented by 100 700.29 by way of indemnity for monoya paid sarini shares, in the name of Iulins Knosht and disbursed for and on account and on behalf truster and script of the Defendant together wi h interest theron

produced) d

50 shares bearer. Witness sold the shares at the rate of 8 per cent per annum from 16th

as broker. He understood that the shares belonged Mr. January. 1904, up to the date of payment.

MeNoil. Mr. McNeill did not tell him that 2.For the cists of this action.

formed part of the estate of ena Schwind. theg Witness kuew Mr. Schwind. Had he known the shares belonged to him he would probably not have sold them. Witness sold the shares to Mr. J. R. Elias, acting as broker, and in due paid the amount to Mr. McNeill, less brokerage in an aim against Mr. MeNeil, weat, charger. On the 12t January

consequence of having paid this money by 905, the plain- tills were called

virtue of an expressed

implied Teil upon by Mr. Elias to make good from Mr. McNeill the evidence indicated that

Authority their loss wing to the transfer of the shares there was neither express or implied authority, having been rainsed. (Letter from Mr. Fidias Then if the piztik elsimet nuded in.) Witness wrote Mr. McNeill o

by on that

way of

of indera same day. Letter read.) Mr. MoNell replied no evidence before the Court fadienting in any

monies which they had disbursed thare to this letter disainining all responsibility in way that there were such circnustame as would plaintiffs dividends on other shares, at the same plaintiffs to me the moung that there was the matter. Mr. Elias eventually paid the give rise to legal obligation imposed upon the time deducted the amount of 100 Shell shares, any obligation upon Me McNeill to the (Correspondence real between plaintiffs and the money direct to some other party. (Authority

quoted).

1 The defendant admits paragraphs 1,2,3

3 which are not admitted. as gards the word inter alia in paragraph

2-With regard to paragraph 5 of the state- meat of plain the defendant admits that is the month of January, 19 14. he handed to the plaintiff sorip for 100 shares of the Shell Transport and Trading Company Limited in the name of Julias Knecht with blank transfer attached. bearing the signature "Julius Knecht" and alan serip for 50 bearer shares of the said Company. Sare as heroin mentioned the defend ant has no knowledge of the matters alleged in the said paragraph and does not admit the same. 3-With regard to paragraph 6 of the state- ment of claim the defendant admits that ha received from the plaintiffs a sum of Tis. 1,140.50 leas per cont that is to say the sum of 1. 1,134.82 but otherwise he does not admit the allegations of fact contained in the said paragraph,

defendant).

R

ਸਾ, ਜ

His Lorship said that the whole question on the part of the defendant to pay Mr. Elas was as to whether there was any legal liability

Cross-examined-Witness discovered shortly after he sold the shares that Mr. Eli was acting as broker. About that time there were several contracts outstanding relating to Mr. this sam.. witness sold the shares he did not know that his Lordship's request proceeds to put forward Schwind which had not matured. At the time they belonged to Mr. Schwind. Mr.

Mr. Jones replied that that was so and ab 4.The defendant done not admit paragraphis position, was a friend of Mr. Schwind and that the shareria question came into his hands

who first told witness about Mr. Schwind the case for the defendant 7 and 8 of the statement of claimi

Dunoan MeNeill, the defendant, sworn, said plaintiffs the defendant saya:

And for further answer to the claim of the frequently sold shares for Mr. MoNeills at the end of 1903. Witness know Mr. Schwind

him, The plaintiff belonging to deceased estates. Any careful and undertook the disposal of his property for 3-Prior to the delivery of the said scrip to business man would have accepted sach abares which purposhs bad the consent of the German Consulate General and was entrusted to the payment was made. It was quite possi. from a gentleman at that time in possession of the plaintiffs the asid scrip was in the lawful possession of His Imparial German Majesty's to complets the transfers of scrip bofore attorney from Bah wind and obtained the shares as plaintiffs accepted. It was not usual Consulate. Wiress obtained a power of defendant by the Gutman Consular authorities be that the scrip might go through various them, through the German Court (Extractr for the purpose of sale futo the said consulate hande before it was filled in and sent for from the German Court records put in.)

Witness

was to

All brokou, chufed, and damaged Goods are general and such proceeds of shares. The trousfor. It was the practice in Shanghai on i prosseded with the sale of the abures in tha

to luft in the Godowns, where they will be exmained on MONDAY, the 18th Nov., at 9.30 AM.

All Claims most reach us before the 23rd Nov, or they will not be recognised.

No Fire Insurance will be effected..

Bills of Lading will be countersigned by the undersigned,

NORD DEUTSCHER LLOYD, MELCHERS & Co.,

Agents. Hongkong, 14th November, 1906,

JUST PUBLISHED.

NOW ON SALE,

THE FIFTY YEARS

ANGLO-CHINESE CALENDAR

日麗英中年十五

FROM JAT JANUARY, 1864 TO 31ST DECEMBER,

1913, BEING FROM THE 1ST YEAR OF THE

76TH CYCLE TO THE 50TH YEAR OF THE

76TH CYCLE, THAT IS THE SED YEAR OF

TUNG CHI TO THE 9TH YEAR OF KWANG SUL

PRICE $2 CASH.

On Sale at the HONGKONG "DAILY Pa555" OFFICE, or Agents in all the Ports of the Far East.

The Book will be sent by Registered Post (free) to any part of the World unrepresented by Agente on receipt of Money Order.

Hongkong, 3rd October, 1906. 1841

ON SALE DOUND VOLUMES of the HONGKONG WEEKLY PRESS, January to June 1906. With INDEX. Price $7.50.

Ou sale at the Hongkong Daily Press Hoo Hongkong 27th July, 1906

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814--1

on behalf

of the defendants. With the sale of the sharee and the parent of the proceeds of this Karne witness a a derstood that his duty was finished. Witness had not authorised the plaintiffs to pay over the money to Mr. Elias: he did not know until today as to how Mr. Elias paid himself the money for the shares.

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Cross-examined-Witness had never asked 1.1. A.B.C., and Engineering Code Us the German Court to make amount of the shares. The German Court might refundit, husall monies had been paid over to the Russian bank ou Schwind's bohalf. Witness did not mention to Mr. Clark as to whom they belonged.

Re-examined-Witness got the impression that it was known to. the plaintiffs that the shares belonged to Schwind.

This was the case for the defendant, send the Court a journed till 2.30 p.m.

The Court resumed its sitting to the after- noon when Mr. Jones made a lengthy sposch and quoted numerous authorities and Bos. The

effect of

of those cases, he submitted, was that the plaintifs were under no obligation to pay. this money:

that they were nol in fact compelled to pay the money; that Mr. McNeill was not under any obligation to pay this money on demand to the ultimate, parchaser and that oven ass wing that plaintifle had barn com- pelled in some way to pay this money, they paid money which they could not renover against Mr. McNeill, inasmuch as he was nudor no obligation to pay it.

Mr. Hays briefly replied and his Lordship reserved judgment.

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