1917-01-31 — Page 3

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CHINESE WIDOW AND THE BANK OF CANTON.

JUDGMENT OF THE COURT OF APPEAL.

VERDICT FOR THE WIDOW.

THE HONGKONG DAILY PRESS, WEDNESDAY, JANUARY 31ST, 1917.

THE CHIEF JUSTICE, The Chief Justice, in the course, ut bis judgment, said that the conclusion at which he arrived in the Court below was that inasmuch as the orders in the garnishes proceedings specifically attached the deposits in the respondent bank in the name of their customer La Chouk Ting, and as there was no

85tion that the bank had any know

ledge whatever of the fraud perpetrated

HONGKONG MAGISTRACY:

A COOL THEFT,

A Chinese coolic was charged before: Mr. Wood with a theft of a cool and daring nature. Mrs Collins, of the Military Quarters in Kennedy Road, walking along the street near the Dockyard gates, a little ahead of her little girl

who had stoppet to

SPORT

YACHTING

ROYAL HONGKONG YACHT CLUB,

The results of the resail of the fourth

the series of Club Championship Races

ward Bays and Gael. Classes are 26 follows

INTIMATIONS.

LANE

for the Handicap, One Design, and Hoy- CRAWFORD & Co.

HANDICAP WASS Course:No. 25, North Fairway Buoy.

Eesterday the judgments of the three judges, sitting in Appellate Jurisdiction, were delivered in the appeal case of the poor Chinese widow who claimed the return of $10,000 by the Bank of Canton, paid out by the Bank on a garnish order of the Court, as the result, the widow alleged, of a bogus claim which

Kolla

4 35:68 proved successful, The widow's late

sider the liability of á bænker to his Employé in a naval stord, from a window. Jessica in DEL SA 440 43: 443-04 4:30 14 husband, Lau Chuk Ting, deposited

The position of debtor and he latter ran downstairs, but by that Kathleen.. 7 40

46 18

4 39 35 $10,000 in the Bank, and, upon his death, crad tor does not prise hore. I deaire time the thief had disappeared. He wa Musetta... 07 30 DNS. D.N.S WAD.N.S D.N.S. so the plaintiff appellant alleged, some to base my judgment purely upon the afterwards found in another store and Aileen for mace. Points to date.

on the Court, the money must be held Play, and had nid down her coat, (6), Trocas Rock Buoy (8), and Chanel) to have been pd under compulsion of handbag, and a doll, which she was Rocks (5). Distance, 11. miles.

H'cap on Finishing Correcte law, and the Bank thus relieved of carrying, when the defendant came for

Course, Time. abilly. He also aid in the judgment ward, picked up the articles, and walked

AL S h. b. s

·4'35 26 below I man not called upon to co off. The theft was witnessed by an

castomer.

one (point, ie, payment by compulsion rested. A fine of $25 was imposed, in

default, six weeks' imprisonment. of law."

POSSESSION OF DANGEROUS GOODS.

Yacht

Dione...

Scratch

68

08

Colleen

Position

(1) Rolla 19) Dions. (3) Kathleen... (4) Colleen ... (0) Jessica

343

Musetta Aileen.......

Points

.8

TENNIS RACKETS

INCLUDING:

“STADIUM," THE 12.”

Tine

b. m. s.

4 35 28

35 00

“GOLD-MEDAL,"

“LAMBERT CHAMBERS,” THE “DOHERTY,

ETC.

friends who knew of the existence of the aubstantial deposit conspired to obtain tho money, which they did by drawing.

The argument on appeal had con up a promissory note for the amount, vinced him that that view was an errone- to the crudit of one Chin Kee, allegedous one, und the question on the facts to have been signed by the widow's of the Bank's hability to its customer, husband; and the whole transaction, and which I did not consider in the Court subsequent action, so it was alleged by below, is a most important queation in Garage, 25, Des Voeux Road, Central, and Trocas Rock Buey (B). Distance 8)|

the ense

plaintiff appellant-who was alloyed to appeal in forma pauperis—were bogus. Mr. E H Sharp, K.C. (instructed by Mr. R C. Faithfull) was for plaintiff appellant, and Mr. Eldon Potter (in- structed by Mr. Preston) represented the Bank of Canton,

THE PRESIDENT'S JUDGMENT.

The President (Sir Havilland de

Saumarez) in his judgment said, inter

- alia, after outlining the facts-" The

Now, a garnished order attached debts due to the judgmens debtor, and it was beyond doubt

(a) that the discharge given to the garnishco order under section 418 of the C.C.P. for the mount paid is as against the judgment debtor, and

Before Mr. Melbourne, Mr. 0. Lauritsen, manager of the Dragan Motor

was charged with having in bis posses- sion dangerous goods, namely, 182 gallons of naphtha, without authority from the Captaia Superintendent of Polis.

ONE DESIGN CLASS. Course:-North Fairway Buoy (6),

miles. Yacht

Ailm Bonita Daphine Halcyon

Handicap Finishing Carrected

on course

time

time

·M: S. Scratch

hm. s

hms.

4:39 02

4:32.62

4 38:41

4:38:41

IP

4 20 05

4 29 05

431 68 461 68

Position

(1) Daphne ...

2) Halcyon

given by Inspector

Ailsa.

Mr. F. B. L. Bowley, solicitor, appear- ed for the defence,

Evidence was

(b) that the judgment debtor in this Terrett as to the seizure of the naphtha. case is the defendant in the fictitiousWitness said that defendant had a licence to store a quantity not exceeding 30 gallons at one time.

action, and not the Bank's customer.

* This being the case, there was clearly

Mr. Bowley pleaded that only a technical breath of the licence had been committed, and any penalty imposed should be merely nomiunl. On account of the Chinese New Year holidays, But what was the duty of the Bank deferdant had to take in a stock of

Bonita

Points for rice Points to dato

HEYWARD HAYS AND GAEL CLASS.

Course: North Fairway Buoy (S) and Trocas Rock Buoy (S). Distance, 81 miles.

on course

Handicap Yacht

M,8- Lysheth... over 13 Tubancia 43. Owh......... Scratch Thecla Touette... DAWD

Ursula

upon bring served with the garnishesnapathe sufficient to meet the requixciti

respondents rely on the protection given to a garnishes by section 18 of the Civilno jurisdiction in the Court to attach Code of Procedure, but I apprehend that monies other than those of the judgment in order to do so successfully they mun debtor, and the garnishes order was in show that the debt they paid to Chin fact bacì, Keo was a debt due to the judgment debtor in the action in which he got his judgment, and that they obviously can not do. But it was ingeniously argued -on their behalf that the Court, having been satisfied by the affidavit of Chin Kce that the money 'deposited was the property of the judginest debtor, in fact hold that the bogus Lau was the same person as the depositor, and that. for the purposes of the garnishes sections of the code, be must therefore be taken to lay the judgment debtor. . cannot see how, on such an atidavit, it

1

can be said that the Court held the identity of the two persons was estab lished what the Court in fact said was -It has been shown that you apparent ly owe money to the judgment debtor; you can show whether this is so er, not before we order you to pay it to his creditor,' On their failure to show asuse-for they took no steps in the matter-an order was made that they should pay the debt due from them to tho judgment debtor, and they then paid a debt owing to someone else. I cannot see how they can plead that the order to pay one debt can protect them in this payment of another.

order? It should, I think, have taken steps forthwith to communicate with its customer so as to apprise him of the order which had been served upon it, and which purported to attach monies, If such an attempt had been made the Bank may, and should, have ascertained that he was dead. Clearly it should, before parting with the monies, have obtained the pro duction of the deposit receipts, which, of course, would not have been forth-

coming. This was a matter of ordiny precaution. It was contended on behalf of the Bank that there was no evidence to show that it did not take some measures of precaution, but I think the aswer is that there was an obligation on the Bank to show the Court that it had done so,, and to have appeared in its own protection in the garnishes pro-

credings.

The duties of a garnishes were re- ferred to in some detail in the judg ments in the House of Lords in Vinall

De Pass, 1992, AO. 90. From these it was clear that his position was not merely ministerial that he is sum moned before the judge to be present on application, and when he is before the judge he is not merely to be there and bear what is aid, but is to take part in it for his own protection (Judg ment of Lord Hansen, p. 99)

It

ments of three days, as the naphtha godowns of the Standard Oil Company (8) Dawn

Lay

(3) Thecla

Tubantia. Owl Toinette Lady Ursula

were to be closed for two days. That was

why he had such a large quantity on haud at the time of the Inspector's visit. There were 20 cars in the garago at the time, and the tank of each had

a holding capacity of from 18 to 20

naphtha per day was five cases, but on gallons. The average consumption of

Bank holidays it was double that quan

RE

Finishing Corrected

time

tinė

#

h. ms,

·4 45.25,

44018

D.N.S.

D.N.S.

D.N.S.

4.48 66

448 01

N.D.S

D.N.S.

.D.N.S.

446 30 446 35

D.N.S.

DNS.

Points for race Points to date

3888211

ASSOCIATION FOOTBALL.

TO-DAY'S MATCHES,

UNITED SERVICES LEAGUE.

W H.K. Volunteers Club

Navy Kick-off, 4 p.m.

K.B.L.I-Navy Ground.

Referce, Mr. Wright.

2ND DIVISION.

tity. After these 24 cases had been Ground, Kick-off, 5 pm. Referee, Mr. removed the defendant, as the result Bowles. of an interview with the Captain Superintendent of Police, succeeded in getting the Standard Oil Company to open their godowns and issue to him 19 cases a day for the use of his cars,”

A fine of $50 was imposed, but Mr. Melbourne declined to order the confis ention of the naphtha

___

85th Company, RG.A. «. "D" Com pany, K.S.LI-Military Ground. Kick- off, 2.30 p.m. Referee, Mr. Banks,

Navy (Res) RE. (Res)-Navy Ground. Kick-off, 2.30 p.m. Referee,

Mr.

Ball

BOXING CHALLENGE.

A pencity of $100 was imposed in a case in which the Exile Motor Garage Danma Company were charged with having 18We have been asked to state that Gun- cases of naphtha on their premises with Der Windsor, 88th Co. B.G.A, challenges out permission.

Pte. Thomas, K.B.L.I., to a six round

uuder the auspices of the Hongkong contest at the forthcoming tournament

Police Rosurve, in aid of the Sportsmen's Ambulance Fund. An early answer to the challenge will oblige.

for defendants, stated that the naphtha Mr. Gardiner, solicitor, who appeared

had just been delivered, and part of it was to be removed shortly to Manila, and Kowloon for business and privite pur

розев,

HONGKONG TRAMWAY 00, LTD.

The approximate statement of traitip

Ja aa follows

Receipt Fur

Aggregate receipts

This Year Last Year

week. 818,081

for 4 weeks.

- $55,670

11,393

44.220

6,688

31,441

"But it is further said that they were ordered to pay the particular debt.

"Now that was exactly what the Bank I

did not do is the present case. think that the answer is that they were allowed the Court to act upon the repre- to pay this particular debt as they sentations made in the affidavit in the fraudulent action without appearing on admitted it to be due to the judgment the order nisi, or rendering it any debtor. It was clearly for the respond assistance, or communicating any caution Inspector Terrott said this firms had cuts to put the, Court right if no such its customer. If the Court had received this instance the naphtha was standing receipts for the week ending 3th January whatever in dealing with the monies of been previously warned in April last. In debt was due, and this, either on account the slightest intimation calling in ques of the cleverness of Chin Kee's fraud, ortion the bond ides of the transaction it in the middle of the garage, where mer. their own supineness, they failed to do would doubtless have taken steps to in were going about smoking. There was vestigate the position before making the They were in fact, frauded by Chin Keo order absolute. and they cannot, in my opinion, release themselves from the obligation to the appellant, an innocent third party, by pleading the Iraud of the plaintiff in an action of which that, third party had no notice. And it may further be said that their conduet contributed to the success of the fraud, for it seems to me, if they so conduct their business as to be unable to communicate with a client who has left a large sum of acney in their

a store, but it would not have held half negligence; and renders it liable to restock. The garage was not fitted to store The Bank's apathy amounted to the quantity of naphtha that was in fund to its customer's representative the monies which due negligence on its part naphthu, having only a wooden roof, would have averted the wrongful conver- and had the spirit been ignited the sion of. I agree as to costa

consequences would have been most serious.

PUIENH JUDGE'S OPINION,

WEATHER WORSE THAN GERMANS,

Mr. Philip Gibbs telegraphed from the British Headquarters on December As in the other case, the naphtha wad 6th A white mist and fog hang over

The judgment of the Puispe Judge iso agreed that the appeal should be allowed with costs, and expressed the opinion not confiscated that the Bank had been the victims of

TENNIS POSTS AND NETS.

THE

TENNIS BALLS

A.V.C.

HARD AND GRASS COURTS.

COURT MARKERS.

OLYMPIC MARKER OUB COURT MARKERS

HAVE NO

RUBBER BANDS

TO PERISH.

THEY PRODUCE

WELL DEFINED LINES.

EASILY MANIPULATED.

PRICES FROM $13.50 EACH.

FINEST OLD LIQUEUR

BRANDY.

GUARA SIBED 30) YEARS OLD.

V. D. CLARETS. V. D. SAUTERNES.

V. D. BURGUNDIES.

Stocked by HONGKONG HOTEL.

Obtainable at Lang, Oɛawford & On-

A. & B. MACKAY'S LIQUEUR

THE

WHISKY.

ORIGINAL LIQUEUR

WHISKY.

PRICE $240) Paz Case Dury Paid.

Has a fine mild flavour and a refreshing clean taste.

Obtainable at all Local Stores.

and at Lax®, CRAWFORD & O

Powell

The men look like Wm.

the West front. ghosts, and they are having a hard time, an ingenious fraud, but it had no

without comfort, shelter, or rest, while defence to the action, and the appeal

enduring the cold and foul conditions. WHO'S WHO IN CHINA."

following the November rains, The must succeed. Undoubtedly the Bank's action, in having nothing to say against Mr. T. D. Brotherton, of the Far East ships and the inhumanity of the weather sheer fight for life against natural hard- hands, they are at least bound to warn the money being paid out, was ill- tae Court of the danger of inaking such advised. The proper course would have ern Geographical Establishment, is now has seemed more important to them than been to explain to the Court that it had in Hongkong collecting data for a had hideous adventures at Courcellete, the fight with the enemy. The Canadians an order as the garnishee order under

no knowledge of the judgment-debtor. discussion.

"Who's Who in China" A modest the men bringing up supplies falling Had they done so, I have The Court made the limited order which little doubt that a Court, with the lay within its jurisdiction. The present publication of this character was issued into ice-cold water. They obtained much knowledge which this Court has of the proceedings. If the order had purport since been revised, though for reference their backs by a leather band round the plaintiff was not within the scope of those locally some years ago, but it has not method of supporting a burden upon nude frelief when they adopted the Red Indian

conduct of litigants of this class, would ed to affect her interest, which it did

diction, and void " not, it would have been without juris- purposes such a work, if properly comforehead. The Canadians in the recent piled, could be of considerable use and fighting carried on unbeaten, despite the On the question of costs, Mr. Potter

surrounding morass of misery, was appealing in forma pauperis, and The compilation in this case is in the mentioned that the plaintiff appellant interest, especially in newspaper offices. was she entitled to any costs?

hands of a capable editorial committee. The Chief Justice remarked that the Code held that a successful pauper was which Mr. E. J. Dingle is the secre entitled to costs,

tary, Already the projected volume apply on this question, and this was

Mr Potter then applied for liberty to which it is hoped to issue this year, has granted, the period allowed being ene received a gratifying amount of support

in Shanghai,

have moved very warily. They, however, preferred to let the order go practically by consent, and I cannot see how they can say that they paid under compal

I think that this application should lve allowed, and judgment entered for the enpellaut for principal and intera with costs here and below."

1 week

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