1914-07-15 — Page 5

aller Falmer &&

the wine Waschang of the last

NAPIER JOHNSTONE'S

“SQUARE BOTTLE'

WHISKY. UNVARIED FOR OVER

150 YEARS. ›

THE SAME TO-DAY AS IN 1745.

BEWARE OF IMITATIONS.

SOLE AGENTS'IN BONGKONG.

LANE CRAWFORD & CO.

and from ALL WINE MERCHANTS,

By Appoidnud to

H. King George V.

-it

must

-Proved by inde- pendent scientific. investigation. to have Body- Building Power of 10 to 20 times the amount taken

[89

KEATING'S

WORM TABLETS

Sold in

· Bottlen hy

Kosting's Worm Tablets furnian a most agreeable method of administering the only oʻrtain remedy for Intestinal or Thread Worms. Perfectly safe, mild, and especially adapted for children Te de võtamed of all Druggists, Fredet, THOMAS KEATING,

London, Eng

“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, MONTSERRAT la sold by all leading Birrekening,

Over 96 years ago the last Lord -BeaconsfeldtestiÄed to the benclits be received from HIMROD'S CURE, an every pose brings similar letters to-day.

MROD

CURE for

ASTHMA

FAMES FR 40 YEARS.

So dut uns by ali Chernists and Stores throughout the Country.

Beware of Imitations.

€24

978

SUPREME COURT.

Tuesday, July 14th.

COURT OF APPEAL

THE HONGKONG DAILY PRESS, WEDNESDAY, JULY 15mm, 1914.

BETON SIR HAVILLAND DE BAUSMAR

PRESIDENT; THE CHIEF JUSTICE, ME. H. H. J. GOMPERTZ, AND THE PUISNE JUDGE, MR. F. A. HAZELAND.

BEQUEL TO, CLAIM OF $85,000.

In the action of the Great Western Smelting and Refining Co. v. Francisco Pereira Marques, Mr. H. E. Pollock, K.C., along with Mr. F. C. Jenkin (instructed by Mr. Leo d'Almada), Counsel for the defendant in the previous action, applied for an order that judgment might be entered for the said defendant, and that the costs of the appeal and of the hearing in the Court below before his Lordship the Chief Justice might be paid by the above-named plaintiffs. In the previous action plaintiffs' claim was made "under a guarantee in writing dated tho 2nd October, 1912, made between Arndt & Company of the first part, plaintiffs of the second part and the defendant of the third part, whereby the defendant guaranteed the payment by the said Arndt & Co, to plaintiffs of the sum of $200,000 under the terms of a contract referred sto in thê said guarantee. The said Arndt & Co. have failed to carry out the said contract and to pay the said suin to the plaintiffs, and the plaintiffs cleim

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

LTD.

TELEPHONE 040

EXTRA FINE MESH

MOSQUITO

3. FT.

DEPTH 7 FT. 6 IN.

3 FT. 6 IN.

$8.759 ON

4 FT.

NETS

4 FT. 6 IN.

5 FT.

11.00

9.50 10.257.

CALICO OR NET TOPS.

[CAMP

BEDS

TAPED OR RINGS..

BOTTOMS STRONGLY BOUND CALICO.

$ 7,50

MOSQUITO FITTING AND NET COMPLETE $14.00-

PIANOS

ON

HIRE

AL $10 Per MONTH.

TUNING AND REGULAR ATTENTION

INCLUSIVE.

NOTICES TO CONSIGNEES

NOTICES TO CONSIGNEES

(619

payment from the defendant of the said INDO-CHINA BRICKS. TILES. PIPES

sum of $198,583,59, balance due of the said sum of $200,000, after deducting certain mums kredited to the said Arndt

& Co. under the said contract.

Judgment was given for 888,000,

The application was opposed by Mr. Sharp, K. C., and Mr. Eldon Potter (instructed by Mr. Heavis, of Messra Wilkinson & Grist).

Mr. Pollock remarked at the outset that be proposed, in the first instance, to argue the appeal upon one issue only, and that was practically, did the plaintiffs who were the respondents in that appeal, prove that the defendant was liable to pay anything under his contract of guarantee! He submitted that the answer to that question must be in the negative. And if their Lordships were with him on that point it would become necessary for the Court to go further than that;, to decide in answer to numerous special defences which had been raised in the statement of défence, or the points in the reply by the plaintifs, whether the plaintiffs had given any answer to the special deferices. Hasibmiziod that after he had gone further into the case their Lordships would see that the appellant's case was so strong that the appellant must succeed

in the action, and that judgment would

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 VOEUX ROAD. TEL 289.

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.

THE "INDRA "LINE, LIMITED:

NOTICE TO CONSIGNEES.

FROM NEW YORK V14 SUEZ CANAL,

HE Steamship

THE

"INDRAGHIRI.” having arrived from the above Ports, Consigneet of Cargo by her are hereby informed that all Goods are being landed AT THEIR BISK into the bazardous and/or extra hazardous Godowns of the Hongkong and Kowloon Wharf and Godown Company, Limited, whance, and/or from the wharves, delivery may be obtained.

Goods not cleared by the 15th inst. will be subject to rent

All broken, ohafed and dazaaged packages are to be left in the Godowns, where they will be examined on 14th inst., st 9 AM Claims against the steamer must be presented within 10 days of arrival, otherwise ther will not be recognized.

No Fire Insurance will be effected by us in any case whatever,

Bills of Lading will be countersigned by

JARDINE, MATHESON & Co., I.,

Agents.

Hongkong, 8th July, 1914.

NOTICE TO CONSIGNEES.

THE P. & O. 8. N. Co.'s Steamer.

THE

NILE,"

(927

Arrived Hongkong on Sth July, 1914, FROM ANTWERP, LONDON, MALTA, FORT SAID, SUEZ & STRAITS. Consignees of Cargo by the above-named vassal are hereby informed that their Goods being landed and placed AT THEIR RISK in the Hongkong and Kowloon Wharf and Godown. ment will be sorted out Mark by Mark and delivery can be obtained as the Goods are Innder. Optional Goods will be landed here unless instations are given to the contrary withia 5 hours.

be entered for the appellant. Counsel then referred briefly to the cause of the GOING AND RETURNING WITHIN PERIOD 1ST JUNE 31st OCT. Co.'s Gedowasat Kowloon, where each Consign.

RATES FROM HONGKONG:

NAGASAKI $120.00. KOBE $135,00. YOKOHAMA $150.00,

Tickets are interchangeable for return by any steamer of above-named Companies and includo Fail between Japan Ports of call if desired,

Paszangers may go and/or return VA MANILA without additional charge by steamers calling at that Port so indicated in schedule of sailings shown below.

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

FROM JAPAN.

To JAPAN.

YOZOBAMA Kate

LEAV

LEAVE

NAGABAKI Hoxexoso

LEATE

STRCUTÁ

Hosonoso

N60AHAS?

Ком

ARKIVE

ARRIVE

УОКОНАМА ARRIVE

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July

July

"July 17

July

Aug

Sept

NOR**HARI.

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E. OF INDIA +KOREA "BIBERLA

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Goods not cleared within 8 days including date 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 Godowns for examination by the Consignees and the Company's Surveyors, Messrs. GODDARD

and THURSDAYS. All Claims must be presented within ten days of the steamer's arrival here, after which date they cannot be recognised. No Claims will be admitted after the Goodr have left the Godowns.

E. A. KEWETT,

Superintendent Horgkong, 9th July, 1914,

RICKMERS-LINIE.

NOTICE TO CONSIGNEES.

THE Steamship.

#BLLEN RICKMERS," baving arrived, Consignees of Cargo are Loreby informed that their Goods are being landed and stored at their risk into the hazardous and/or extra hazardous GodownS of the Hongkong and Kowloon Wharf and Godona Co., Ltd, Kowloon, whence delivery may be obtained,

original action. The plaintiffs sued upon a contract of guarantee and the amount for which they suid was $85,000. He then proceeded to relate the circumstances which led up to the giving of the guarantee. A Chinaman called Wong Lang Sun, apparently at the suggestion of Arndt & Co., the principal debtors under the guarantee, approached the JOINT SCHEDULE OF SAILINGS TO AND FROM JAPAN PORTS. and Douetas, at 10 AM. on MONDAYE Kwangtung Republican Government, în regard to a speenlation" in bronze and iron. The idea was that the contract should be formed between Wong Lang San, who was trading under the style of Man Sing & Co. and who was living in Canton, with the Republican Government of Kwangtung. The subject matter of the contract had reference to bronze, and east iron guns in the Kwangtung pro- vince. It appeared that a certain price, which was not mentioned in the agree ment, was agreed upon between the partice. It was an important item to be. noted that there was to be a deposit to be paid by Wong Lang Sun amounting to $200,000. The agreement was made and executed in Canton and this deposit was required by the Republican Government in Canton currency, and not in Hongkong currency. Ths $200,000 was to be paid in three instalinats: $70,000 to be paid within three days of the making of the agreement, $30,000 to be paid during the week, and the remaining $100,000 a week later. Wong Lang Sun made an assign ment with Arndt & Co., as the result of which the latter, who were the principal debtors, had to put up a deposit of $200,000 required in the agreement. Document 3, Counsel proceeded, was an important document in the case, it being the agreement between plaintiffs and the principal debtors which led up to the guarantee; the agreement between Wong Lang Sun and the firm," meaning Arndt & Co., the latter agreeing with the Company (plaintiffs in the action) for sale to them of bronze and cast iron. guns upon terms and prices hereinafter mentioned, and

and there w

various clapses were with regard to delivery and so on. Coming to the clause which referred to the perment by the plaintiffs to the

Returning in Manila.

Going via Mania.

Steamers proceeding via Manila do not call at Shanghai,

(630

firm" (Arndt & Co.), the clause dealing purpose of being used as a deposit with with this point stated that the said Cou the Kwangtung Government, and there pany shall pay to the said firm the sum was a proviso in Clause 10 of the agree of $200,000, Hongkong currency, 870,000 ment which distinctly provided that the to be paid forthwith, $30,000 on or before $200,000 should be repayable promptly August 3rd, 1912, and $100,000 on or aftor the completion of the agreement and before August 10th. As to the repayment the 25 per cent. had been paid up. Then, of that amount, it was agreed that there if there were no guns due, the principal With regard to the should be deducted from the purchase debtors would pay. between the firm and the Company, on payment of percentage on shipments, each shipment of bronze and iron guns, Counsel explained that on the shipment an amount of 25 per cent. of the invoice of bronze and iron. in the ordinary way, And if there was a balance plaintiffs had to pay the principal amount. remaining after the last shipment that was debtors full value of the bronse and iron, to be paid to the firm forthwith. He but what was provided for in Clause 10 (Counsel) submitted that the $200,000 was that the plaintiffs should only pay mentioned in the clauses of the agreement over 75 per cent, and the other 25 per was not what one might call a loan by cent, after the first shipment, should go the plaintiffs to the principal debtors in as

a deduction, and thus reduce the the ordinary sense of the term at all. It amount which the principal debtors would was a sum of money paid over by the have to return to the plaintiffs, plaintiffs to the principal debtors for the

(Continued on page 6.)

No Claims will be admitted after the Goods have left the Godowns, and all Goods remaining undelivered after the 6th inst. will be subject

to rent.

All broken, chofed and damaged Goods are to be left in the Godowns, where they will be examined on the 16 b inst., at 11AM.

NORDDEUTSCHER LLOYD, BREMEN IMPERIAL GERMAN MAIL LINE.

NOTICE TO CONSIGNEES.

THE Steamship

THE

"PRINZ EITEL FRIEDRICH," having arrived, Consignees of Carge are hereby informed that their Goods, with the roeption of Opium, Treasure and Valuables, are being landed and stored at their risk iate the hazardons and/or extra hazardous Godowas of the Hongkong and Kowloon Wharf and Godown Company, Limited, Kowloon, and West Point Godowns, whence delivery may be obtained.

Optional Cargo will be forwarded on unices intimation is received from the Consignee before Noon To-DAY requesting it to be inaded here..

No Claims will be admitted after the Goods have loft the Godowns, and all goods remaining andelivered after the 15th inst. will be subject to rent.

All broken, chafed, and damaged Goods are to be left in the Godowns, where they will be axamined on the 15th inst., at 9.30a.m.

All Claims must reach us before the 22nd inst., or they will not be recognized.

No Fire Insurance will be effected. Bill of Lading will be countersigned by the Undersigned.

NOEDDEUTSCHE LLOYD,

MELCHERS & Co.,

General Agents,

Hongkong, 8th July, 1914.

NORDDEUTSCHER LLOYD, BREMEN. FREIGHT LINE

NOTICE TO CONSIGNEES. THE Steamship

**MARK,"

informed that their Goods, with the exception. having arrived, Consignees of Cargo are hereby of Opium, Treasure and Valuables, are being landed and stored at their risk into the basordons

and/or extre hazardous Godowns of the Hongkong and Kowloon Whart and Godown Company, Limited, Kowloon, and West Point Godowns, wince delivery may be obtained.

Optional Cargo will be forwarded on unleas intimation is received from the Consigue before Noon TO-DAY requesting it to be landed here.

No Claims will be admitted after the Goods. have left the Godowns, and all Goods remaining undelivered after the 15th inst. will be subject to rent.ja

All broken, chafed, sad damaged Goods are to be left in the Godowas, where they will be examined on the 15th just., at 9.30 AM.

All Claims must reach us before the 22nd inst., or they will not be recognized. No Fire Insurance will be effected. Bill of Lading will be countersigned by the Undersigned.

NOEDDEUTSCHER LLOYD,

MELCHERS & Co.,

General Agents [118

Hongkong, 8th July, 1914.

8.8. "AMAZONE": COMPAGNIE DES MESSAGERIES MARTTIMES.

NOTICE.

All Clairs must rol nas before the 25th inst.,ONSIGNEES of Cargo from London e. Bedoo" end from Bordeaux or they will not be rewgnized.

No Fire Insurance will be effected.

PX 8.5. "Vile de Castsatine" in connee- Bills of Lading will be countersigned by the sion with above Steamer are hereby informed Undersigned,

+:

RICKMERS-LINIE, FERD. BORNEMANN & Co., Agents. Hongkong, 1th July, 1914.

[939

THE NEW FRENCH REMEDY. THERAPION NO

Dok scanedy: KITUS FIX, VI111000 LUZVESEL

THERAPION NO 2

DURMI MAND POISON BAL GA HIN RRUPTION,

THERAPION No. a

UNIÓ WEAKUKANTH, SHAIKH, LOUR VIDJE,&C. BY LANDING CULRMINTA, VRICK IN, ENGLARD Y°, BEND STAKE ADDRESS REVELOPE FOR FREE TO. 2. 12 Cezar bike. Co. HAYEKITICK JER, LLAMPHYRAD, Lesvos.

·CEF XEN DILERS (TAKTELERI) SPORM CP;

THERAPION

A CURE

FOR YOU

KUAT. 20 TAŚM DAIR AND SALARYING OLUR.' KI OB

KES THAT THEIR KAREID VOLD"!THERLIKOM KETS: GOTE, SZAKP APPIIND-TO-AIL BREVETE PAPRITS.

·ERSIST · ON. 'HATING THERAPIEN.

that their goods with the eption of Opium, Treasure and Valuables are being landed and stored at their risks into the hazardous and or extra hazardous, Gotowns of the Hong kong and Kowlom Wharf and Godown Co., Ltd., at Kowloon, whence delivery, many" be abtrined immediately after luncing

Optional Carge will be forwarded on rule:: intimation received from the Consigness before Noor TO-DAY requesting it to be landed here.

fills of Lading will be coautarsigned by the Undersigned, Goods remaining unclaimed after 20th July, st Nook, will be subject to rent and landing charges.

All claims must be sent in to me on or before the 23r July, or they will not be recognized.

All damaged packages will be examined on the 18th July, st 10 4.3.

No Fire Insuranco has been effected.

P. THOMAS,

Agent.

Hongkong, 13th July, 1414,