1913-12-16 — Page 5

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(74

SUPREME COURT.

IN SUMMARY JURISDICTION,

Berone HIS HONOUR MH, H, J. GOMPERTZ (TUISNE JUDGE).

THE HONGKONG DAILY PRESS, TUESDAY, DECEMBER 16TH, 1913,

MONEY ASSOCIATIONS' METHODS. Chu Chick Kai, merchank, . Sin Rang Tong and Tam Tung Tai. The claim was against the first defendant for pay- ment by him to plaintiff of $100, baing the balance due by the first defendant for one instalment nayable by him to the plaintiff in respect of a Money Loan Asso- ciation, of which the plaintiff and the first. defendant are numbers, and which wAN part of the pionies payable to the plaintiff in respect of the seventh draw.

Mr. Davidson (of Messrs. Hastings and Ilastings) was for the plaintiff, and Mr. G. 1. Faithful appeared for the first defendant.

Mr. Faithful, before his friend opened, said that be was in a little difficulty as to what case he had to meet. When the action was commenced, noly the first defendant was summoned. Then, by mu order of His Ronour, the second defen- dant was'ndrted. He did not appear for the second defondant, and His Honour': would notice that the amended writ had not amended particulars.

His Honour-I do not know what case the second defendant has to sheet. No cause of action is disclosed against him.

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Mr. Davidson-I think got. This is a case of one member of a money loan association against another member. The first defendant is my friend's client. It was decided a good muny years ago by the Full Court that one member of a money loan association could not sue another, and that has been generally acted upon here; and the precedent case was decided purely upon the legal cause of action. A few months ago I acted for the plaintiff in a similar case to this, and a Full Court was raised against us. The argument with which we answered that, and which ultimately proved successful was this: that the Full Court was decided before 1971 when the Ordinance was passed, and it

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our writ in proper form, but we have INDO-CHINA. BRICKS. TILES. PIPES

not been able to serve the promoter. A joinder is merely a formal necessity, and does not affect my claim against roy friend's client at all

His Honour-These particulars are supposed to be a statement of claim, and in a statement of claim you have to shew why you are suing.

Mr. Davidson I don't propose to ask

ior judgment against the second defendant..

Mr. Faithful-What are you suing me for ?

Mr. Davidson--I am bound to join the second defendant but I can amend by saying, at the end of the plaintiff's claim, as against the second defendant as promoter of a money loan association"

His HonourI think that micets tho point.

Mr. Faithful-On this point I shall ask for an adjournment. The scconil defen dant is out of the Colony, and I can include him as my client,

His Honour-Why have you" not got | him!

Mr. Faithful--I only had instructions on Saturday.

Mr. Davidson-This is a inoney Joan association and everybody knows what that is.

Mr. Faithful-That is what a China- man usually anys. I have never known in all my long experienes, of a case yet where in particulars of claim, no cause of action is set out. I submit I am

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entitled to know what the claim is against | zemene the second defendant.

Mr. Davidson-My friend has been in

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this case fur weeks. He also remarked Mr. Davidson explained that plaintiff

was a member of a money loan association | that Mr. Faithful was dealing with that case as if it were an action at law. If of the usual kind, the rules of which it were an action at law he quite agreed would be put in in due course. The first that he ought to shew his cause of action. drawing of the association was held on But it was an equitable action in which 18th December, 1912. There were associa they had to join the parties formally. tion drawings, seven in cumber, up to the His Honour-This case has been hang- 12th Jung, 1913. On that date plaintiff ing on how long? You have an ordome-made the best bid and obtained the draw ment on the writ undated Mr. Faithful, This draw being a $100 one he was liable Mr. Faithful--That is not my fault; to pay $100 on each subsequent draw.

Neither the first defendant. Mr. Davidson ought to date that.

Mr. Davidson-It is dated 7th Novem

ber.

[1049-2

CANTONESE CONSPIRACY IN

FORMOSA.

DEATH PENALTY IN HIN CASES.

TORIO, December 7th Official reports from Formosa state that 207 persons, were arrested in connexion with the recent conspiracy against the Japanese Government. Of these, 125 were released as there was no evidence against them. The trial of the remainder was by a special Court and lasted from November 95 to December 1. Judgment was de

Six of the livered on December 4. nor accused were condemned to death, and second, who was the promoter, had paid 13 to penal servitude aggregating 838 plaintiff the $100 due to him and applica- | years. tion bad been made for payment.

the

After hoaring the evidence is Honour gave judgment for plaintiff with costs

Mr. Faithful again submit that it is absolutely dear that we, are bound to know the cause of action against the second defendant. The claim against the Defendants, he held, wanted to work & second defendant hinges to a great extent set off. on the claim against the first.

His Hononr-You have had ten, or twelve-days, Mr. Faithful, to make an

application of this sort and you have

not done so.

Mr. Faithful-I am instructed to appear THERAPIONE 175 in an action, and 1 do not know what

tase I haya to most

“CHES THAT TRADE-STUDS PORN SEPARRATION-SE DE NUTEL GAYE, KEANE AUTORS TO ALL, GEKEERKRESENTS

The American press publishes a London cable saying that intimate circles of the royal family are agitated over the news that there will be an addition to the family of King George and Queen Mary in the latter part of February,

Except for official reports, details of the affair are meagre, It appears to have been started by Chinese revolution- aries from Canton, under the leadership exploited the unrest in the island for of Lu Shu-fang, who are said to have purposes of robbery and looting.

The Osaka Asal in a very strongly. worded leading article says that the conspiracy is the result of long mi government of the island, the oppression of the natives and the land policy of the Government in general, which is directed solely for the benefit of companies.

the angar

Lu Sha-faug, who was sentenced to death has fed-Reuter.

Per Kaja Maru, far Hongkong, from Yokohama, etc. Mrs. S. Hayashi and child, Miss Hayashi, Mr. Tritsch, Prof. E. Hara, Miss E. L. Cable, Miss Hayes, Mr. G. V. Cawgil, Mr. A. P. Barry, Mr. and Mrs. W. C. Blanken, Mr. and Mrs. A. H, Muller, Mr. S. Stafford, Miss F. Akiyoshi and Mr.. E. M. Hyndman.

Per Empress of Japan, for Hongkong, from Vancouver, etc, Mrs. M. L. Foy, Miss E. G. Foz, Mrs. C. M. William, Mr. and Mrs. G. H. Hayward, Mr. and Mrs. J. J. McGraw, Mr. and Mrs. C. A. Comiskey, Mr. and Mrs. J. L. Comiskey, Mr. and Mrs. L. Doyle, Mr. and Mrs. G, R, Wilts, Mr. and Mrs. J. Thorpe, Mr. and Mrs. W. J. Klem, Mr. and Mrs. J. B. McAleer, Mr. and Mrs. J. C. Farrell, Mr. and Mrs. J. B. Lobert, Mr.

H

TO LET

TO LET.

TOUR-ROOMED HOUSES in Granville Avenue and Salisbury Avenue, Kowloon, Cheap rentals.

SHOP with GODOWN attached, Natban Road, Kowloon. Kowloon Marine Lot No. 42, with Wharf. Apply to

HUMPHREYS ESTATE & FINANCE

Co., LTD., Alexandra Buildings. Hongkong, 12th November, 1913.

TO LET

GODOWN, 94, Wanchai Road,

No. 153, PRAYA EAST. Apply

(1331

THE HONGKONG LAND INVEST MENT & AGENCY Co., LTD. Hongkong, 1st December, 1918. 165

TO BE LET. From 1st January, 1914.

and Mrs. J. Mullen, Mr. and Mra, W. CNO 1 to 5 AIMAI VILLAS," adjoining

Buhl, Mr. and Mrs. J. J. Callaham and 2 children, Mr. and Mrs. 8. E. Crawford, Mr. F. J. McCurdy, Mr. F. Ray, Mr. B. Hearn, Mr. J. J. Doulin, Mr. L. Magee, Mr. I. B. Wingo, Mr. F. C. Merklo, Mr. M. J. Doolan, Mr. L. J. McNamara, Mr. A. F. Kenny, Mr. H. L. Sparrow, Mr. N. L. O'Neill, Mr. T. P. Sullivan, Mr. TE, Lynch, Mr. J. Hill, Mr. J. J. Bliss, Mr. R. J. Egan, Mr. G. W. Axilson, Mr. T. D. Daly, Mr. J. Scott, Mr. J. L Benz, Mr. U G. Faber, Mr. W. Leverenz,

Kowloon.

"OLDESLOE,"

Apply to

Kimberley

Road

PATELL & Co., 79, Wyndham Street, or

A, Abdolrahim, Architect,

34, Queen's Road Central) Hongkong, 26th November, 1913. (1379

TO LET OR FOR SALE. -

LODOWNS at 98, 98A, 99 and 99A, Praya Apply to-

Mr. H. W. Schacter, Mr. GOT

A.

8. Sheridan, Mr. Slight, Mr. Evans, Mr. W. Ryan, Mr. F. T. Farrell, Mr. A. P. Anderson, Mr. F. McGlynn, Mr. N. Miller, Mr. N. E. McBride, Mr. T. Speaker, Mr. W, T. Norton, Mr. 1. G. Weaver, Mrs. B. A. Keough, Mrs. M. Mardin, Mrs. L. B. Maclean; from Kobe, Mr. and Mrs. J. P. Douglas, Miss E. Douglas, Miss M. Dewar, Mr. E. G. Beaumont, Mr. P. W. Winterbotham; from Nagasaki, Mr. L. De. Buggenoms, Mr W. N. Finlayson: from Shanghai, Mr. R. C. Hurley, Mr. K. Fasso, Mr. F. T. Young, Mr. M. Jockmen, Mr. J. Dolan, Mr. and Mrs. Lansalut and child, Miss Markham and maid; Second-class, 7; steerage, 172.

DEPARTED.

HONGKONG, CANTON & MACAO STEAMBOAT CO., LTD.,

Hotel Mansions Hongkong, 4th September, 1913. (1085

TO LET.

CHOP, No. 12, Queen's Rond Central.

No. 9, MOUNTAIN VIEW, PEAK, 2. FAIRVIEW, Nathan Road, Kowloon,

Apply to-

M. J. D. STEPHENS. Hongkong, 11th December, 1933. 1799

TO LET.

FFICES, ROOMS, and GODOWNS, on

Ground and Second Floors, No. 14, Dea Your Road Central, the Premises now occupied by The South China Morning Post, Limited.

Possession, 1st May, 1914, or earlier. FLATS, "WILD DELL." Wanchai Read,

· “HOMESTEAD,” No. 45, Peak. Immediate possession.

Apply to

Per St, Mains, for Australian, ete, Mr. and Mrs. J. J. McGraw, Mr. A. FU Kenney, Mr. Victor Miller, Mr. and Mrs. C. A. Comiskey, Mr. and Mrs. Lawrence Doyle, Mr. and Mrs. Geo. R. Wiltse, Mr. and Mrs. John B. Lobert, Mr. and Mrs. Wm. Kem, Mr. and Mrs. J. Mullen, Mr. and Mrs. Jus. McAleer, Mr. and Mrs. Jos. Farrell, Mr. and Mrs. Wm. Buhl, Mr. and Mrs. Jen. Gallaban, Master Daniel H. Gallahan, Miss M. Gallahan, Mr. L. N. O'Neill, Mrs H. Keough, Mr. T. Sullivan, Mrs. N. R Maclean, Mr. and Mrs. S. Orawford, Mrs. D. Hardin, Mr. H. E. McBride, Mr. T

:

SANG KEE, Care of COMPRADORS DEPARTMENT, Hongkong and Shanghai Bank. 01083 Hongkong, 28th October, 1913.

TO LET.

Lynch, Mr. J. Hill, Mr. B. Hearne, Mr.DROCKHURST, 119, PEAK, 6 ROOMS.

H. Sparrow, Mr. G. Axelson, Mr. T. D B

Daly, Mr. J. Scott. Mr. J. Benz, Mr. 6, MOUNTAIN VIEW, 6 ROOMS.

416

DENNYS & BOWLEY. Hongkong, 11th December, 1918,

TO LET.

U. C. Faler, Mr. W. F. Løverenz. Mr. OFFICE at 2. Connaught Road Central- H. Schafer, Mr. B. Weaver. Mr. Jack 50 fact by 25 fert, Sheridan, Mr. A. Slight, Mr. S. Evans, Mr W. Ryan, Mr. Frank Farrell, Mr. A. P. Anderson, Mr. Frank McClynn, Mr. Jack Bliss, Mr. Dick. Egan, Mr. L. MaGee, Mr. F. Merkle, Dr. L. J McNamara, Mr. and Mrs. J. Thorpe, Me: BRION, Nos. 9and 10, Prak, Unfurnish

Wing, MM 'Rooms, Cheap sontul, from lat

Doolin, Mr. Dunlin, Mr. F. R. Decanter, Newly Painted and Colourwashed. O'Sullivan, Mrs, M. S. B. Foy, Miss No. 6, CAMERON VILLAS, No. 59, PEAK, E. G. Foy, Miss A. Durbin, Mr. Bajewski To Let, Furnished for one year, from 1st May, and Mr. I. Joseph.

1914,

PASSENGERS EXPECTED.

www

N.Y.E.

1, CAMERON VILLAS, No. 60, PBAS, To Let, Farnished, for 1 year from 1st May.

“ROGATE," Austin Road, Kowloon Unfurnished.

No. 68, PRAK, MOUNT KELLETT (Church Mission Society Baugalow), from 1st October, 1913, till 30th May, 1914 Partly Furnished. Cheap rent.

FOR SALE OR TU LET, (Front 1st November, 1913)

Per Miyasaki Maru, from London November 6th-Miss. A. M. M. Corbett, Lieut. W, Rawlinson, Mr. and Mrs. MacKenzie, Miss MacKenzie, Miss H. T MacKenzie, Mrs. J. J. Thompson, Miss O. M. Thompson, Master F. M. Thomp No. 1, GOUGH HILL, No. 103, PEAX, son, Mrs. Chapple and 2 children. Dr. Bangalow, containing Drawing.___ Dining and Mrs. N. Davis, Maxter H. Davis, and Smoking Rooms and Five Bedrooms, Bishop and Mrs Banister, Miss Banister, With Ground for Tennis Court. Mr. W. T. Puddepha, Mr. R. C. Turno Mr. Banister, Mr. H. Morgau, Mr. and Mrs. W. Tohl, Master W. Tohl, Miss H. Toll, Mra A. Mackay, Mr. A. Edwards, Mrs. Stevenson, Mastor, Stevenson, Mrs. J. D. Edwards Mr. S. H. Spaulding, Mr. and Mrs. A. Michael,

FOR SALE. "HARFING" and ROGATE," on part of Kowloon Inland Lot No. 1154

App to

LINSTEAD & DAVIS, 3rd Floor, Alexandra Buildings. Hongkong, 13th December, 1913,

64