1914-03-11 — Page 5

The Ware Merchany

Cance

NAPIER JOHNSTONE'S

"SQUARE BOTTLE"

WHISKY.

UNVARIED FOR OVER 150 YEARS.

SUPREME COURT.

Tuesday, 10th March.

THE HONGKONG DAILY PRESS, WEDNESDAY, MARCH 11TH, 1914.

IN SUMMARY JURISDICTION.

BEFORE HIS HONOUR MR H H. J. COMPERTY (PUISNE JUDGE),

IF POSSIBLE

The action was resumed of Harry Wicking & Co. v. the Lee Hing firm. The claim was for 81,000, the amount of damages for alleged breach of contract in not accepting and failure to pay for seventeen cases of umbrelin ribe and. handles sold by the plaintiffs to defen- dants on 17th August 1911.

Mr. Willson appeared for plaintiffs and Mr. R. C. Faithfuil defended. N

The previone hearing was adjourned for more evidenca to be fendered as to the commercial meaning of the words “if possible" which had appeared in the contract made between the parties. Mr. Willson promised to call the taipan of THE SAME TO-DAY AS IN the firm to deal with this question."

1745.

BEWARE OF IMITATIONS.

SOLE AGENTS IN HONGKONG

LANE CRAWFORD & CO.

and from Axx. WINE MERCHANTS,

[63

"Oh! I say!

It's Good!"

Cooling, refreshing and "snappy'

Montserrat

LIME JUICE

is the ideal Summer beverage. Large supplies have lately been shipped from London, COMISERNET is sold by all Souding Atoreks

Övər 30 years ago the late Lord Bascoussald testified to the benefita „be recitiéd from HIMROD'S CURE, and every posz brings Similar Jetters to-day.

RODS

CURE for

ASTHMA

· FAMED FOR 40 YEARS.

"Sole in tins by alt Chemists and Stores throughout the Country, `Bewern of imitation.

APIOLINE

(CHAPOTEAUT)

LADIES

SAFE

For functional troubles, delay, pain and those irregularities pecuilar to the sex

Presartbed by the highest Freuch Mdical authorities and superior to Tosey, steel Drops and Perxy royai. CHAPOTEAUT, 8, rue Virisane, Paris. Bold by 6.” Chemistr

123-3

THỂ NEW FRENCH REMEDY, THERAPION No.

«GORM DISERANGES, KITIER. "WXY,, WET KLOUNT ETJAOTIANS.

THERAPION No. 2

GERS HELIOD ZOMRAD LEO, KIN KOTITORS.

THERAPION No. 8

GURING CLEROSIO, WKAZNESINE, DILATES, LOST FROKER. “WORD ET TRADING GLENISES FROM DE DEMAND, 22: KUBESİ STAJET ADDRESS 'EXYHLOTA FOR

FREE 103K TO 1. Lal Chako ilun. 00. HrViarioca. En. HaueryRAD, LONDON, WAY NEW DRAGER (SANTRENAS) FORM OF

THERAPION

A GUBE FÜR YOU

BANT, TO TAKE

KORK YILAN TRADE MA”KID "WORD · STERKAPLOM! ERIT. BOYR. WYAMP APPIES TO ALL GRATITE PROKKEN. INSIST ON KAYING - TJERAPION

SALE,

■ TABLE OF SER

(175

BATES OF EXCHANGE AT BOMBAY For Demand Drafts on London on the day of or proceding the departure of the English Mails; also Table of the Yearly Approximate Averages for 36 years, ⠀ FROM 1874 TO 1909.

PRICE $ CAB

On Sale at the Dait Przno – Úhon Loom: Booksellerem.

Mr. John Owen Hughes, a member of the plaintiff Arm, said the words "it possible were usually used in mercantile contracts in the Colony. The reason they were put in in this case was, more parti cularly, because the original order was given some time in August, and the pries which was then offered by the defendants was not accepted by the manufacturers.

In reply to the Puine Judge, Mr. Hughes said that at the time the contrach was made they had no real security for getting the money. The words "if possible" were inserted in the event of the goods or offer not being accepted. In the ordinary course the manufacturers, to his mind, had a fairly reasonable time to commence shipment at any rate. But cases often arose where, although the manufacturer or his arm's agents paid the greatest attention to the order, the steam- ship companies could not accept the goods, this despite the best intentions. fore the words "if possible into the contract.

were put

Answering Mr. Willson witness said that frequently difficulty arose in bring ing goods to Hongkong; they were left at different ports en route.

Thus the words if possible were necessarily used

in the contracts. The ribs, he said, were made in Austria and the handles in Germany. It was no concern of his whe ther the ribs and handles were suitable to each other. Because of this they made defendants a voluntary allowance of 6 per cent. though it was not Wicking & Co.'s fault. The allowance was purely an act of grace. An endeavour was made by witness to cancel the contract at defen- dants request and cost. The shippers would not agree to the cancellation and witness then pressed defendants to accept delivery. They refused and the goods were subsequently sold.

Cross-examined by Mr. Faithfull witness full witness said he could ent say if other English firms in the Colony used the words "if possible" in their contracts. His firm always did, at any rate, and he had never been with

any other firm. He was away from the Colony when the contract was made and his knowledge of it had been obtained from the books of the firm.

Mr. Faithfull-Then you really know nothing about it, because the books are not put in as evidence.

Witness added, in reply to further questions, that the contract on which he was suing was made in November, having been copied from one made in August, the only difference being that the price in the latter was higher, this having been confirmed by defendants. The words

possible were used in the November contract,

After examining the contracts his Lord- ship said the November contract con tained the words "if possible," and this had been chopped" by defendants and signed by plaintiffs.

His Honour subsequently announced that he would reserve his judgment until Friday,

IN ORIGINAL JURISDICTION.

BEFORE THE CHIEF JUSTICE, BIR WM. REES DAVIES, K.C.

The hearing was resumed of the action in which the Great Eastern Smolting & Refining. Co. claim $36,452 from T. P Marques, of Macao, being balance due under a guarantee for the payment of $200,000 given by the defendant that Mesra Arndt & Co., Hongkong, would repay the amount.

Mr. Pollock, in the course of his address, submitted that what the defendant guaranteed was the balance of any sum which might remain out of the $200,000, upon the date of the last shipment of metal. It was obvious, he held, that no debit balance could be determined, until the contract had been completed, and the guarantee did not in any way bind the defendant to see that the contract was carried out.

The case was again adjourned.

FOOTBALL.

MATCHES FOR MARUHI.

U.S. LEAGUE, DIVISION 2.

Thursday 19:D.C.LI, Band . H.M.S. Tamar Ros., Military Ground, 4 p.m. Refereo: Mr. J. F. Woods. Friday 13-83rd Coy, a. D.C.LI. Res.,.

Lyemun Ground, 4p. Referee

Mr. A. E, Bradley. Saturday 14H.M.S, Tumur Res. v. RE. Res Naval Ground, 2.30 p.m. Referee: Mr. W. E. Doe Saturday 14-87th Cay. » Staff and Depts, Stonecutters, p.m. Referee: Mr. A. E. Bradley. Saturday 14.88th Coy. . D.C.LI Band, Military Ground, 2.30 p.m. Referee: Mr. A. P. Sterric

Monday 16-D.C.J. I Ber v DCLI Band, Military Ground, 4 pm. Re feree Mr. J. F. Woode Monday 16.83rd Coy,

Police, Lyemun,

4 pm. Referee: Mr. J. Moran. Wednesday 18-D.C.L.I. Buglers v. 87th Coy Military Ground, 230 p.m. Referee Mr. E Tyler. Thursday 10-D CLI Band Police,

Military Ground, 4

Referee: Mr. AA, Wilson. Eaturday 21-Staff and Depts. v. D.C.L.I. Res., Military Ground, 20 p.m. Referee Mr A Williams. Saturday 21-HMS Tamar Res. e. D.C.L.L. Buglere, Naval Ground, 230 p.m. Referee: Mr. J. F. Woods.

WM. POWELL

LTD.

THE PHONE 846.

CABIN TRUNKS

3 PLY VENEER

COVERED

BROWN, WILLESDEN, CANVAS,

VERY

LIGHT

WEIGHT

UNBREAKABLE.

33 inch $24.50

BEST LEVER LOCKS.

36 luch

$28.50

40 Lock $32.50

[627

PRICES

VICTOR-VICTROLA

FROM

$35

PRICES

FROM

$35

то

$225,

EXCLUSIVE DISTRIBUTERS:

MOUTRIE'S

TO LET

TO LET

TO

$225.

[51-8

NOTICES TO CONSIGNEES

TO. 68,` PEAK, MOUNT KELLETT NORDDEUTSCHER LLOYD, BREMEN

INDO-CHINA BRICKS. TILES. PIPES NoChurch Mission Society Bungalow),

COMPANY, LIMITED.

BEST FIRE BRICKS AND

FIRE CLAY

PATENTED ROOFING TILES.

Guaranteed against Typhoon and Leakage.

MORE THAN TEN MILLIONS IN USE IN THE FAR EAST.

SAMPLES AND FULL PARTICULARS FROM

P. SOFFIETTI & Co., 14, Des Vœux Boað. Tel. 289.

ALWAYS IN STOCK.

WESTMINSTER

TURKISH SPECIALS”

$1.25 per tin of 50.

TRADE

MAREH

[1049-2

AIDE-DE-CAMP VIRGINIA

70 Conta per tin of 50 Cigarettes,

Tobacco Co. Ltd.

Westminster London

Manufacturers of Cigarettes & Smoking Tobaccos of the Highest Quality only

Obtainable of all High Class Tobacconists

GOLF

BALLS

FREE

GOLF

till 30th May, 1914 Partly Furnished. Cheap rent.

»

FREIGHT LINE NOTICE TO CONSIGNEES. THE Steamship

To Let till 31st October, 1914, No. 64, THE PAAK, SEVEN ROOMS and Drying Room, Furnished, including Electric Fans and T

Telephons.

No.12, BEACONSFIELD ARCADE, Shop, No. 5, MOUNTAIN VIEW, from 1st April, 1914.

No. 24, BELILIOS TERRACE, from 1st April, 1914.

No. 55, ELGIN TERRACE, 6 ROOMS No. 19, SHELLEY STREET "KELLETT CREST, No. 66, THE PEAR, from 1st March, 1914. Partly Furnished.

No. 6, CAMERON VILLAS, No. 58, PRAE, To Let, Furnished, for one year, from 1st May, 1914,

"ROGATE," Austin Road, Kowloon;. Unfurnished.

FOR SALE.

"GLENSHIEL,”

124, Barker

5 ROOMS, close to Tram Station.

FOR SALE.

Road,

TUBINGEN,

having arrived, Consignoes 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 andfer extra bazardous Godowns of the Hongkong and Kowloon Wharf and Godown Company, Ltd, delivery may be obtained. Kowloon, and West Point Godowna, whence

Intimation is received from the Consignees Optional Cargo will be forwarded on: unless before NcON TO-DAY requesting it to be landed kare.

No Claims will be admitted after the Goods have left the Godewas, and all Goods remaining undelivered after the 11th inst, will be enbject to rent.

All broken, chafed, and damaged Goods are to be left in the Gedowns, where they will be examined on the 11th inst,, at 9:30 AM.

All Claims must reach us before the 18th

"HARTING and ROGATE," on part of Marsh, or they will not be recognized.

Kowloon Inland Lot No. 1154.

Apply to

LINSTEAD & DAVIS, 3rd Floor, Alexandra Buildings, Hongkong, 10th Mareli, 1914,

TO LET.

From 1st Juno nart.

AURNISHED, LAN MOR, Peak Road,

Bath

Apply to-

HENRY HUMPHREYS, Alexandra Buildings, Hongkong, 2nd February, 1914,

TO LET.

229

TO. 113A, PLANTATION ROAD, PEAK New Detached House with Garden 4 Bedrooms; Electric Light and Hot Water: Furnished.

No. 7. MOUNTAIN VIEW, 5 ROOMS.

Apply to

DENNYS & BOWLEY. Hongkong, 30th March, 1914.

TO LET.

From lat May, 1914

1392

TO. 104, Tas PRAE, FURNISHED.

BALLS

N

Apply to

FREE

In order to introduce our Brands of Cigarettes quickly to the Notice of Smokers who appreciate something ont of the Ordinary we have decided to present GOLF BALLS to Smokers of our Brands

HOW TO OBTAIN A BALL.

In return for of the tin ash trays that are packed in each 50's round tin of Cigarettes or for 5 of the gold paper seals that join the cardboard together in each 50's flat tin, we will give-

FOR A LIMITED TIME ONLY ONE GOLF BALL that is guaranteed by the manufacturers to be of the very highest grade ball produced, or if you prefer it we will give you a neat leather wallet-in exchange for the cams number of ash trays or seals-that contains a golf scorer and we will also give you rofilk

Return zal trays and labels fo

WESTMINSTER TOBACCO COMPANY LIMITED

18, BANK BUILDINGS, HONGKONG.

Hongkong, 11th March, 1914.

Monday 23-D.C.LI. Band Police, Military Ground, 4 pm Heferee: Mr. J. Moran, w Wednesday 25.-E. E, Bes D.C.LL Buglers, Military Ground, 2.45 p.m. Reforos Mr. E. J. Blake Thursday 6-D.C.1.1 Res. 7. 83rd Cay.. Military Ground, 4 p.m. Referee: Mr. E Tyler. Saturday 28.-D.C.L.I. Band . H.M.S.

Tamar Res., Military Ground, 4 Referee Mr. A. E. Bradley.

HONGKONG LEAGUE, DIVISION 2. Prednesday 11.0.0. University,

Naval Ground, 5 p.m. Referee: Mr ETyler Wednesday 18.-B.O.C. v. 88th Coy., Mili-

tary Ground, 6 p.m. Referee: Mr. T Hodges

8. J. DAVID & Co.,

Prince's Buildings, Hongkong, 7th February, 1914. [264

TO LET

FOUR-ROOMED HOUSES in Granville

Frau and Salisbury Avenue, Kowicu.

Cheap rentals.

SHOP with GODOWN attached, Nathan Boad, Kowloon. Kowloon Marine Lot No. 483, with Wharf.

WINDSOR LODGE, Kimberley Road Kowloon,ROOMS and Tennis Court.

No. 3, MINDEN VILLAS, from 1st April. Apply to

HUMPHREYS ESTATE & FINANCE

Co., LTD "Ale «ndra : Buildings; Hongkong, 4th March, 1914.

TOLET.

FFICES in King's Building.

Apply

OFF

(393

Wednesday 25-88th Coy B.0.0

Naval Ground, 5 p.m. Referee Mr. A, E, Bradley. Monday 30--88th Coy Moslems Mili

A. P. Storrie.

(287

THE HONGKONG LAND INVEST. MENT & AGENCY CO, LTD- Hongkong, 2nd March, 1914,

TO LET FURNISHED.

TODREENACH.

tary Ground, 4,30 p.m. Reforce MI Chamberlain Rem 22.

LATEST STEAMER MOVEMENTS

The I.G.M. str. Derflinger, which left here on the 3rd March, arrived at Binga- pore on the 8th March, at 4 p.m.

Tho C.P.R. str. Empress of India left Vancouver on the 7th March, a.m.

The C.P.R. str. Empress of Japan left Nagasaki on the 10th March, at 3 p.m., and is due to arrive as Kobe on the 11th March, at 6 pm

The C.P.R. str. Empress of Asia arrived at Vancouver between 2 and 4 pm, on the 8th March

Apply fo

446%

No Fire Insurance will be effected. Bills of Lading will be Undersigned.

countersigned by thus

NORDDEUTSCHER LLOYD,

MELCHERS & Co., General Agents, [118

Hongkong, 4th March, 1914.

NORDDEUTSCHER LLOYD, BREMEN IMPERIAL GERMAN MAIL LINE, NOTICE TO CONSIGNEES. THE Steamship TH

PRINZ EITEL FRIEDRICH," informed that their Goods, with the exception laving arrived, Conalguses of Cargo are hereby of Opium, Tresenre and Valuables, are being anded and stored at their risk into the hazardous and/or extrs hazardons Godowns of the Hongkong and Kowloon Wharf and Godown Company, Limited, Kowloon, and West Point Godowns, whence obtained.

delivery may be Optional Cargo will be forwarded on unless intimation is received from the Consignees before NOON TO-DAY requesting it to be landed here.

No Claims will be admitted after the Goods have left the Godowas, and all goods remaining andelivered after the 12th inst, will be subject to rent,

All broken, chafed, and damaged Goods are to be left in the Godowns, where they will be examined on the 12th inst, at 9.30 4.3.

All Claims must reach us before the 19th- inst, or they will not be recognized.

No Fire Insurance will be effected, Bills of Lading will be Undersigned

NORDBYigned by the

LLOYD, MELCHERS & CO.,

General Agents

Hongkong, 5th March, 1914.

NOTICE TO CONSIGNEES.

HEP.&O. 8, N, Co.'s Steamer

KHIVA Arrived Hongkong on 5th March, 1914, FROM ANTWERP, LONDON, MALTA PORT SAID, SUEZ & STRAITS. Consignees of Cargo by the above-narand vessel are hereby informed that their Goods are being landed and placed AT EIZEIR EXSK in the and Kowloon Wharf and Godown Godown at Kowloon, where each Consign- ment will be sorted out dark by Mark and delivery man to obtained as the Goods are lazided.

This vessel brings on Cargü →→→

Fast, 6 Hoapy

GILMAN & Co.,

88, Des Youx Road. Hongkong, 20th February, 1914.

[383

TO LET

CHOP, No. 12, Green's Ecod Central. No. 9, MOUNTAIN VIEW, FRAK. 2 FAIRVIEW, Nathan Road, Kowloon.

Apply to

M. J. D. STEPHENS, Hongkong, 11th December, 1913.

:-[57

From London, &c. ex ss.Palermo," Optional Goods will be landed here unless instruations are given to the contrary within

Goods not cleared

cleared within 8 days including tiate of arrival will be subject to rent.

No Fire Insurance will be effected by me in

Any case whatever.

Damaged packages must be left in the Gedowns for examination by the Consignees and the Company's surveyors, Messrs. GODDARD and DooGLAB at 10 AM on MONDAYS and TRUESDAYS. All Claims must be presented within ten days of the stamer's arrival here, siler which date they cannot be recognised, No Claims will be admitted after the Goods have left the Godowns.

E. A. HEWETT,

Superintendent.

Hongkong, 6th March, 1914.