1914-06-05 — Page 5

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SUPREME COURT.

Thursday, 4th June.

IN ORIGINAL JURISDICTION,

BEFORE THE ÜRIEF JUSTICE, MR. H. Ħ J.

GOMPERTZ

AN INTERESTING JUDAMENT,

His Lordship delivered judgment in the action of Ip Watson, nocountant, of 13, Victoria Street, v. Friederich Reich- mann, proprietor of the Grand Hotel, The claim was for the recovery of $4,178:43, balance due from the defendant for money paid by the plaintiff to the dofendant and money paid by the plain tiff to various persons or firms at the request and on behalf of the defendnut between May 12th, 1911, and January 6th, 1812.

Mr. F. C. Jenkin (instructed by Mr. CF Mason, of Messrs. D'Almada & Alason) appeared for plaintiff, and Mr. Eldon Potter (instructed by Mr. Dizon, of Messrs. Wilkinson & Grist) repre Bented defendant.

His Lordship said-This is an action to recover $4,178.43, balance due for money lent, and money paid at the request of the defendant. The plaintiff was formerly shroff to the defendant, who is the proprietor of the Grand Hotel, and the alleged loans and payments extend over a period from May 19th, 1011, to January 6th, 1919. There is a long list

of particulars of claim, covered for the

THE HONGKONG DAILY PRESS, TRIDAY JUNE ōrg, 191!

WM. POWELL. S. Moutrie & Co., Ltd.

LTD.

[TELEPHON= 3469

NEW DESIGNS

IN

LACE AND MUSLIN

CURTAIN MATERIALS.

SPOT AND FIGURED WHITE BOOK MUSLINS LAGE EDGED AND INSERTION MUSLINS.

WHITE AND ECRU MADRAS. LACE EDGED, SCOLLOPED, FRILLED AND PLAIN.

WHITE MUSLIN CUSHION CASES. HEMSTITCHED, FRILLED, LACE TRIMMED.

BUTTON-HOLED FOR RIBBON.

[641

most part by 1.0.Us, signed by the INDO-CHINA BRICKS. TILES, PIPES

receipt.

defendant. So far the ease is simple oũough,” But the defence is a direct denial of the whole of the plaintiff's case. The defendant says that he never at any time borrowed any money from the plaintiff, and never asked him to advance money on his behalf. He explains that whenever the plaintiff, as his shroff, handed over to him monies he had collected, he (the defendant) gave the plaintiff and 1.0.U. A's Bimilarly, when he directed the shroff to make payments on behalf of the hotel, out of the monies in his hands, he would give hin a voncher in the form of an 1.0.U. to cover the payments. Then, later on, when the shroff produced his collecting book, the amounts were verified, and the receipted bills handed in. The IO.US. ware then raturned to the defendant, who destroyed them in due course. But he says that he was frequently interrupted and called away, while taking the shroff's secoumt, and that it would have been easy for the latter from time to time to abstract from the bundle on his master's desk the vouchers he now pro duces. On his statement of facts it is quite clear that on one side or the other thors must be the grossest and most doliberate perjury. For the shroff wholly donies his master's account of the deal- ings between them. He says that no

1.OU. was ever a mere voucher or receipt, but in every case it represented either a loan or in advanca by himself, out of his own pocket,

On which side, then, do the probabili- ties lie Now the plaintiff claims to have financed the defendant to the extent of some $7,000 from May of one year to January of the next. His own salary throughout was quite insignificant, start- ing at $17 and rising later to some 84 a month. He tells us that he had no money in Hongkong, but he claimed to

have resource in the country. At any

COMPANY. LIMITED.

BEST FIRE BRICKS AND FIRE CLAY PATENTED ROOFING

Guaranteed against Typhoon und Leakage.

TILES.

MORE THAN TEN MILLIONS IN USE IN THE FAR EAST

SAMPLES AND FULL PARTICULARS FROMI

P. SOFFIETTI & Co., 14, DES VEUX ROAD. TEL. 259.

ALWAYS IN STOCK.

[1049.2

Summer Excursions

TO

JAPAN

BY THE STEAMERS OF

CANADIAN PACIFIC S.S. LINE. PACIFIC MAIL S.S. CO.

TOYO KISEN KAISHA.

GOING AND RETURNING WITHIN PERIOD 16 JUNE-31st OCT. RATES FROM HONGKONG:

NAGASAKI $120.00. KOBE $135.00. YOKOHAMA $150.00.

rate, his available supply of ready money is limited. In May of 1912 he consented to judgment in two actions in the Sun mary Court for sums of $190 and $225 monies borrowed in 1910 Instalments of #5 and 815 8 month respectively were agreed to, but payment was only made for three months, and the balance is still

The plaintiff does not, indeed, JOINT SCHEDULE OF SAILINGS TO AND FROM JAPAN PORTS.

Tickets are interchangeable for return by any steamer of above-named Companies and includs Rail between Japan Ports of call if desired.

Fassengers may go and/or return VIA MANILA without additional charge by steamers calling at that Port so indinated in whedule of sailings shown below.

give

Owing claim to have financed the defendant out of his own resources. To use his OWI! words, “When Joy master wanted money I would go out into the street and borrow it.' He got no promissory notes for these alleged advances, nor was any interest stipulated for. The explanation given is that the plaintiff was able himself to borrow the money, without interest, from his own personal friends. I have no difficulty in Anding, on the evidence of the defondant and of his father-in-law, Mr. Crew, that it was the ordinary practice of the defendant to 10.Us by way of temporary receipts for monios taken over by him. I must say that up to this point tho plaintiff's story is not particularly con

corroboration uron 7 The plaintiff produces varicus documents belonging to the defendant; dishonoured chequce, rent reeipts, ani letters of deraand. These, he says, his master handed to Eim from time to time, with a request for secrecy, when he dersuaded money. This the defendant absolutely denies, and be suggests that the plaintiff must have abstrasted these papers dishonestly, just as he did the IOUS Here again it is morely oath against cathe

"what is

But there is one circumstance brought out which tells heavily against the

The Eteamers operated by the Companies named are the largest fastest and most luxurious on the Coast.

From JAPAN.

To JAPAN

· YOLDAMA

LEAVE

Кови Nawabami LRATE

LEAVE

ITOKOKONO ABKK

ETBAREI

Почалока LEAVE

NAGASAKI Kon

AXEIT

ADMIRE

YOKOHAMA ALAIK

MANCHURIA

B June 30.

12 Jane

June -10-

10

29

ཐན་

30%

NILY

Jupe

Jnno

June

21 Jun

Sept.

Bept. IL.

E. OF ASIA

TENYO MARU

NIFTON MARUTI 1992

OF JAPAN....

MONGOLIA

ASTRABLKOV

OF RUSSIA

Jely

+

WRONG WAKU!

PERSIA

SHINYO MARJ

E. FASIA.

E OF INDIA A

KORBA

CHIVO MABUA SIBKRIA...

CHINA MANCHURIA E OF JAPAN TENYO MARU NILE

E OP RUINNTA NOTEAULS. UNIPPON. NAUU Sept MONGOL A....

E. OF INDIA

PERNIA

SHINYO MARU.

E OF ASIA, 'W'KONG. HÁRU....

·KORRA

CHITO MARE

Sept

Jül

Jy

Peturning via shallo

1 Going via Manite, Steamers proceeding vis Manils do not call at Shanghai,

(630

NAVAL INTERPRETERS.

PERIOD OF STUDY IN JAPAN.

plaintiff. When he was dismissed on tally with the amount of any single March 20th there was found in his U

drawer, under his cash-box, a certain

But on the evidence as a whole it is

scrip for shares in a motor company, clearly impossible to say that diser

in

PIANOS

ON

HIRE

At $10 Per MONTH.

TUNING AND REGULAR ATTENTION

BANKS

INTERNATIONAL

INCLUSIVE.

BANKING

CORPORATION."

FRLD OFFICE: 60. Wall Street, New Yor LONDON DEFION: 80, Bishopsgate," EC

BRANCHES (—–—–

Bombay.

Kobe.

Caloutta:

Manila

Mexico

Panama.

Peking.

Canton.

Cebu. Colon.

Empire. Hongkong. Hankow

San Franciou. Shanghai.

Yokohama.

CAPITAL AND SURPLUS Gold #7,300,000- £1,480,000 EVERY DESCRIPTION OF BANKÍNU

BUSINESS transsoted, CURRENT ACCOUNTS opened on the asum

A termay DEPOSITS RECEIVED, fixed for one yeni

4 per cent. per annum or to shorter periods, st rates which may he ascertained on application, BILLS NEGOTIATED and COLLECTED MAIL TELEGRAPHIC REMIT-

TANCES made, de N LETTERS OF CREDIT and DRAFTS

granted on all the principal elties in the World

THE BANK'S CIRCULAR LETTERS OF SÜREDIT are available all over the

World.

COMMERCIAL LETTERS OF CREDIT

fasuede sa PURCHASE and SALE of Stocks and

Shares affected, TRAVELLERS CHECKS sold and cashed

GEORGE HOGG, Manager. 2, Queen's Bond,

Hongkong, 21st October, 1918.

FI

BANK MERCANTILE

INDIA, LIMITED.

Authorised Capital

Bubscribed

ist

Paid-up B Reserve Fund

Bankers ( BANK OF ENGLAND, and

..21,500,000

1,125.000 562,500 455,000

LONDON JOINT STOCK BANK, LIMITED.

INTEREST allowed on Current Account

at 3 per cent. par sunum on Daily Balan and on Fixed Deposits at rates which may be ascertained on application.

A. R. LINTON, Manager.

[739 Hongkong, 14th July, 1913.

✅HONGKONG BAVINGS BANK.

THE of the above Hank is con

ducted by the HONGKONG AND CHANGHAI BANKING CORPORATION Bules may be obtained on application:

INTEREST on deposits is allowed on thi Minimum Monthly Balances at 31 per cent per annum.

Depositors may transfer at their option balarces of 8100 or more to the HONGKON AND SHANGHAI Bang to be placed on FIXED DEPOSIT at 4 por cont. per ascum.

For the HONGEONG AND SHANGHAI

BAVKING CORPORATION,

G. STEPHEN,

* Acting Chief Manager.

Hongkong, 14th May, 1914

18

consolidated allowance at the rate of £150 year. On the termination of the course, officers will undergo a test with the object

N

161-3

BANKS

TEDERLAND BOH IN DIS 0.5. HANDELSBANE. (NKTUURLANDO ENDIA COMMERCIAL BANK.)

·EDRABLISHED. 1869.5

Authorised Capital F): 80,000,000 (£7,500,000))) Paid-up Capital... FI. 17,407,000 (£1,450,598) Reserve Fund.... FI. - 3,518,000 (- £645,16%

Hrad Oppius: AMSTERDAM: BRAD AGENT: BATAVIA

LONDON BANKERS: Tem. Wezxzama Fracons Bank. Swiss BankyREE,

The Bank transacte every description i | Backing and Exchange business, receives money on Current Account and on Fixed Deposit at rates which may bo ascertained on application inc

G. VERMEY, Manager, No. 6, Des Vœux Boad Central Hongkong, 3rd October, 1919

FINHE CHARTERED BANK OF INDIA

AUSTRALIA AND CHINA.

INCORPORATED BY RAVAL CHARTER, 1858.

·Haad Overon-Lowbo,

Paid-up Capital... Reserve Fund

£1,200,000 £1,600,000

Reserve Liability of Proprietors £1,200,000

FOREIGN EXCHANGE and General Banking business transacted An

CURRENT ACCOUNTS opened and FIXED DEPOSIT received for 1 year or skorter perioda at raten which will be quoted ra application

A. S. HEWETT,

Acting Manager.

[1484

Hongkong, 81st March, 1914.

THE BANK OF TAIWAN, LIMITED.

THE

(INCORPORATED By Special ImprkIAI.

Úparfum).

Capital Subscribed

Capital Paid-up Reserve Funds

HWAD Orion

Amoy

Yen 10,000,000

7,499,250

3,490,000

TAIPER, FORMOSA,

BRANCHES AND AGENDING:

Kiukiang Shanghai

Batavia Kobe

Singapore

Bombay London

Hwator

Calentís Manila

Taichu

Canton

Moji

Tainan

Takow

Tamand

Tokyo

Tokobaras

Dairen Foochow

Nagasaki Newchwang

Hongkong Now York Kayl Keelung

Osaka

San Francisco Etc..

·HONGKONG OFFICE,

3. Des Vacz ROAD. Interest allowed on Current Accounts, Deposite received on terms which may be kad on application.

ARK. THUDZURÁBABA, Manager. Hongkong, 19th f'cbetary, 1914. [649

Η ΟΝΟΚΟΝΟ

AND SHANGHAI

NA BANKING CORPOEATION.

Paid-up Capital Reserve Funda

Sterling

$15,000,000

£1,500,000 et 2. —$15,000,000 Silver...

$17,650,000

839,650,000

of ascertaining that they have made Reserve Liability of Proprietors $10,000,000

COURT OF DIRECTORS.

Hon. Mr. D. LANDALE~~{"hairman.

W. L. PATTENDEN; Esq➡Deputy Chairman.

adequate use of their time and are capable of performing efficiently the duties of an interpreter. As a general rule, no officer will be permitted to go through a course under these conditions unless the interval sioce qualification or termination of last. Dodwell BigE. Lih, Esq. appointment as interpreter is at least GT, M. Edkins, Esq., J. A. Pinniner, Esq.

C. B. Gubbay. Erg. Lou ME E. Sheilim. two years,

Arrangements have also been made for H. Holyoak, Esq. HA. Siele, Esq. the Naval Attaches accredited to countries C. Landgraf, Esq. to which officers way he sent to study with

a view to qualifying as interpreters to keep lists of teachers of languages in order that they may be in a position to

which was proved to have been lost by panics such as these proved the defendant In order that naval officers who have a visitor staying in the hotel some time to be dishonest. I found him a straight qualified as interpreters in Japanese may previously. The plaintiff was questioned forward witness and he came quite well | Lave an opportunity of maintaining their assist candidates in the selection of about it when it was first missed, and out of the able and very searching crous knowledge of the language, arrangements suitable instructors. PO he had written out the notices posted

have been made whereby officers Bo The other explanation is, I think, the qualified may be allowed to proceed to the hotel announcing the loss in English examination.

LATEST STEAMER MOVEMENTS. and Chinese. So it is evident that he knew very well that he had no right to right one that his methods have been Japan for short periods of study, varying

extraordinary - unbusiness-like and carc“ | according to the interval that has elapsed The air. Glintrae left: Singapore, on keep it. But a man who would take and less even to the point of being almost since qualification, or termination of last the 1st June, and is due here on the 6th dishonestly conceal scrip would ba

as invitation for fraud in his sub-appointment as interpreter, and based on June capable of taking 10. Us, Jotters, recsipte ordinates have thought, the pattice the following scale-(u) Six weeks The H.AL. str. Prenssen left Singa- There are, of course, curious features entitled to a written judgment in this residence in Japan for every year not on pore on the 3rd June, p.m., and may be There are bich I do not profess to ease because some aspects of it are the China Station: (6) three weeks for expected here on or about the ath June, to connect the amounts of the FO.Uson for the defendant with no real fractions of a year in the same pro understand, It is difficult or impossible certainly puzzling. But I give my decievery year on the China Station; (c)

Advertising medium among the Native Community. Established for over FIFTY TRANS Circalaten langely throughout Southern China Indo-China ote

Terms for Advertising(Translation free can boobtained at the Ofoe, 104, Des VIEx Road Central Hongkong, 131, Fleet Street, London or from the diferent Agents,

Documenta translated from or into Claurica!:

we Colloquial Chinees.

and other

difficulty Had the case gone to a jury

Nor again

with the suns actually collected at any I do not see how they could have well

one time by the plaintiff.

portion

While going through these courses

The cargo of Raw Silk shipped on board

the M. M. str. Atlantique, which left this

are any receipted bills produced which found otherwise than I have done officers will receive full pay, together with Port on the 21st April, was delivered at

Judgment for defendant, and costs.

New York on the 1st June.

Ad. Widmann. Eag

Hongkong-N. J. STARS.

Auting MANAGER VA Shanghai-J. D. Smakt.

LONDON BANKERS

LONDON COUNTY AND WESTMINSTER BANK LIMITED.

HONGKONG--INTEREST ALLOWED, "On" Current "docount at the rate of 1w.

per cent per annum on the Daily Balanes.

On Firo DEPOBLE

For 8 months, 3 per cent. per Annan.

For 6 months, 8) per cent, per Annum For 12 months, per cent per Annum A. G. STEPHEN,

Acting Chief Manager. Hongkong, 14th May, 1914.

[16