1914-12-18 — Page 5

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TAKE

[63

SUPREME COURT.

Thursday, December 17th.

IN ORIGINAL JURISDICTION,

BEFORE THE CHIEF JUSTICE, SIR WM. REES DAVIS, K.O.

THE HONGKONG DAILY PRESS, FRIDAY, DECEMBER 18m, 1914.

CLAIM AGAINST GREEN BLAND CEMENT Co.

The action was resumed of the Man" Shing Les firm, 10, Western Street, v. the Green Island Cement Company. The claim was for $3,810 for work done and material supplied by plaintiffs "to the defendants" steamship Chingclow between Suptember 11 and October 30th, 1913,

Mr. Eldon Potter (instructed by Mr. Davidson of Messrs: Hastings & Hastings) was for plaintiffs, and Mr. F. C. Jenkin (instructed by Mr. Hung, of Messrs. Deacon, Looker, Deacon Harston) defended.

Continuing his evidenos, Capt. Arthur said that when the ship was completed and bad sailed certain bills in connection with the work were presented to him. Fung Shuen, Tung Yick's man, came to the office accompanied by the plaintiff. Tung Vick's man conversed with him and he dealt with this man throughout The plaintiff did not converse with him on that occasion. Four bills woro.presented | to him by Tung Yicks, for the skylight,| lifeboats, balance of contract and also the bill for extras. Two of the bills had the Tung Yick heading and two were headed Man Shing Lee, though all of them were in the same handwriting. This fact did not strike him as strange because it was a usual thing for Chiness contractors to sub-le their contracts, and all the amounts were the same as were previously agreed upon in the original contract, excepting the extras. As to the bills for balance of contract Man

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Victrolas $15 to $200, Victors $10 to $100. Prices quoted are in U.S. Currency. EXCLUSIVE AGENTS:

MOUTRIE'S

Shing. Lee that they would have to be INDO-CHINA BRICKS, TILES. PIPES THE TAIKOO

further considered by the. Green Island Cement Co., as the contract time was over- due and the penalty for this was £6,700, He therefore handed the bills back. He had no knowledge of any sub-contract or of anyone but the Tung Yick had done any of the work. As to the bill for extras, he glanced down this end pointed out to Fung Shen that some of the amounts in the bill for extras were really part of the original contract.

Replying to the Chief Justice Capt. Arthur said that his claim was that the real value of the extra work which was done by the Tung Tick, was between $700 and $800, and not $3,800 as alleged.

The Chief Justice remarked that he had been of the opinion that the whole of the claim for extras was outside the Tung Fick contract, and that they having been behind in their work and incurred a penalty, that penalty was waived and because of this the Tang Yick agreed to do the work comprising the extra work.

Mr. Jenkin then explained that the extra work was done during the process of the work in the original contract, and this was of course carried out by the Tung Yick.

The Chief Justice--Under the Tang Yick contract had you power to order this extra work to be done 1, KAS DARE

Mr. Jenkin replied that it was arranged between Capt. Arthur, Mr. Shields and Fung Shuen that the Tung Yick would take down and replace the pre-existing cabin accommodation on the ship.

Mr. Potter And that is not the extra work which is being charged for

The Chief Justice-Then you really say that your statement of defence covers an oral agreement to do this extra work f

Mr. Jenkin-Yesitett

Mr. Potter For which there is no plea. On the question of his authority to order. work to be done, Capt. Arthur said that if it was a big contract he could not take. them on without discussing the matter with some representative of the Green Island Cement Co. With regard to this chip he had discussed everything with the exception of very small matters. The question of the skylight and the lifeboats was discussed with the Company's Secretary, Mr. Shields, and it was agreed

up40.

The Chief Justice-Surely, with Capt. Arthur's position in the Company he would have implied authority, when on board this ship, to urder those sort of extras to be dono.T

Mr. JenkinYes, but he had no authority to order work to the extent of nearly $4,000,

Cross-examined by Mr. Potter, Capt... Arthur said that he had not exceeded his authority in anything he had done on the vessel.. He had in fact authority to order | extra work, ...

And you ordered extra work, as you say, to the tune of $700 or $200 That is

$0.

Witness added that he was prepared to swear that plaintiff was pointed out

to him as the foreman of the Tung Yick,

Recalling an incident when plaintiff

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Mr. Arculli, recalled by his Lordship, called attention to the expense of doing said that the defendants never denounced a certain job on the ship, Mr. Potter the partnership to him. The only time asked whether ic would not be more likely anything was said about this was two that a sub-contractor would do this, and months ago when he was informed that not a foreman who was no doubt engaged plaintiff had signed nothing. He with on piece work.

drew his guarantee early in 1913, because the accounts were not presented to him properly and he was not aware of how matters really stood. -

Capt. Arthur said it would no doubt be in the interest of a sub-contractor, though a foreman, who had the interest. He also admitted that no bill for extras had been received from the Tung Yick this had come from Man Shing Lea

The hearing was adjourned until co-day

IN SUMMARY JURISDICTION.

BEFORE THE PUISSE JUDGE (MR.

·H. H. V. GOMPERIZ).

His Lordship intimated that in view of what Mr. Arculi had said he must hold. that there was a partnership and that it

not terminated.

was

Mr. Goldring contended that there was! an agreement for a partnership, but it never came into existence, as certain terms. agreed upon were not fulfilled. Plaintiff was to act as manager in Hongkong while INDIAN PARTNERSHIP ACTION:

Mr. Arculi financed the business, but he The action was resumed of Hafiz Karim had not done so, and it seemed grossly Bux, of 61, Queen's Road Central, against unfair that a man who had done nothing Noor Din. Mohammed Din, tailors, should get half a share. Beaconsfeld Arcade Plaintiff petitioned His Fordship expressed the opinion that the Court to order an account to be taken plaintiff had done something, and but for of the dry caution, coffee bar, and supper him there would have been no guarantee room business formerly carried on at Murray Barracks in the firin name of Noor by Mr. Arculi..

-,།ཟ

Mr. Gardiner remarked that in the Tast

Din, wherein the plaintiff was one of the partners, and that the defendants pay declaration filed it was stated that there to the plaintiff whatever sum may be was a loss of $4,000 on the business. On found to be due to him.

the previous day this was said to be $10,000.

Mr. J. H. Gardiner was for the plaintiff, and the second defendant was represented. by Mr. P. W. Goldring.

The hearing was adjourned until Tues- day.

[1397

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