1917-09-12 — Page 3

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INTERESTING INSURANCE

CLAIM.

A KONGMOON FIRE.

JUDGMENT FOR THE INSURANCE

COMPANY.

THE HONGKONG DAILY PRESS, WEDNESDAY, SEPTEMBER

THE WISDOM” OF THE COUNCILS.

The." Wisdom of the Councils hath

deliberated long,

And now I put the question: Is its

product right or wrong Does it fairly meet the issues Quite simple ones, not vexcl Whether &-free-born Briton may Take Liberty" for his text?

**

Whether the Intest model will quite bent

Hongkong Whether the Act" shall be in force a

little time or long! Whether the noble Charter the Con

meet

Yesterday legal argument took place at the Hongkong Sumutury Court in connec. tion with the claim against the Shanghai Fire and Marine Insurance Co., Ltd. The claim, which was made by the Young On

13.03% to England gave fiere, of Kongmoon, armounted to 200, being the loss alleged to have been sus-Shall here preserve its tenor, or

with a martial grave? tained by the plaintiffs under a policy of fire insurance upon a house belonging to Whether the Hongkong citizen

patiently does his best ¡the plaintiffs, and insured with the de- Shall be told that "best" ain't gond

enough unless as a conscript dressed ? fendants under date, March 8th, 1916.

Whether the maxim's a sound one After a lengthy hearing of the facts, As a Volunteer one man his lordship gave judgment for the de- Is worth at least three pressed' Ones when marching in the van?" fendants on the issue, but decided that the points of law involved in the ease should Whether the man who toils all day amid

this tropical heat

be argued subsequently, and this argu-Is ment took place yesterday.

The plaintiffs contended that the fire was caused by the overturning of a lamp in the premises, which were used as a burber's shop, but the defendants contend- ed that the premises were destroyed during a fight between Lung Chai-kwong's troops and the Republic soldiers, during which many shops and houses were looted and set on fire, and a clause in the policy Jaid it down that no insurance should be paid if insured prauises were destroyed

the result of riot. The defence which led to the argument is law was that it was provided by Claus 3 (e) of the Policy of Insurance, that the said policy should not, under any circumstances, cover loss or damage by fire ccensioned by, or in consequener of, rebellion, insurrection, riot, civil commeation, or hostilities by any

Jilitary or usurped power whatsoever.

Counsel for the defendant Company (Mr. Eldon Potter, who was instructed by Mr. A. M. Preston), remarked, in the course of his address on the facts at the previous hearing, that a sum of over $20,000 was involved in connection with the fire, which dostmyed many premises a Kongaoon, and fourteen insurance comxufies we concern: d. The defendant Company, he added, were merely contest ing the case to seek information.

They bad not even asked for security for costs.. It should not be thought that the Com

Or

rendering real value doing Sentry go deod beat?

;

wha

whether this new-borg policy, for In taking for its motto: Burn the

sonth, to wisdom trends

candle at both ends."

And now from my friend " Goliath “

Who cometh not from Gath, Who supports & different Sling"

*1 to

that which fell in his forbear's path ask Has he heard the whisper" -tush Askelon don't be rash-

a "chite" at all may be taken when

the Law provider für "cash.

Q QUAESTOR.

NORTH POINT PICKPOCKETS

Pickpockets are still busy at the North Point bathing beach. An English youth named Marshall has reported to the police that the sum of $14 was taken from his pocket while he was bathing at North Point on Monday. The money was taken while his clothes were hanging up in one of the cubicles which are supposed to be in charge of a caretaker.

"SERVICES ENTERTAIN-

MENT FUND."

A GLANCE AT ITS WORK,

The following is a resume of the work which the Services Entertainment Fund has accomplished during the month of | August

1,004 men have made individual pleasure trips to different parts of the island. from Mt. Austin and Viętoria Bar- racks. :

QUEEN MARY'S NEEDLEWORK

GUILD.

HONGKONG BRANCH.

Mrs. A. D. Hickling, the hon. secretary, reports that during Augush the following work has been done by the local branch of Queen Mary's Needlework Guild:

-CITY-HALL Wonrise Panty (under Mrs.

Stabb) :-- || |

August 2nd, case despatched to Red Crids Depot, Bonbay. containing: 02

2,150 letters have been written on writings, 5 night shirts, so shirts, 4 silk paper supplied by the fund. Thisbiris, handkerchiefs, 17 pairs of slip- pers, 2 bed boots, & pairs of operation figure does not include the large stockings, 40 ege Landages, 11 head band- number written from the Men's Clages, 2 hold-alls, 31 scrubbers. 2 pairs

paper kindly supplied by the woollen pants, and 46 milk-covers. Missions to Scamen

: Concerts, with refreshments and smokes, have given a jolly evening to roughly 1,500 men,

19 Outings have provided a pleasant afternoon for 607 Service men, and their wives and children. Typhoon weather has interfered with other outings which had been arranged. 2 Billiard Tournaments have attract

ed an entry of 78 men. The rounds are played at Mt. Austin and at the Men's Club

A Termis Tournament has produced an

entry of 102 men.

|

August 7th, came to Red Cross Depot, Bombay, containing: 22 pillows, 40 pairs of pyjamas, 20 shrouds. 23 bed-jackets, 1 réversible-bed-jacket, 40 vests, 2 night- iris, & pyjamas & head bandages, 4 handkerchiefs, 5 milk covers, and 7 scrubbers.

August 16th, 2 cases rent to Red Cross Depot. Bombay containing: 94 shirts, 30| shrouds. 53 pyjamas, Si night shirts, 40 vests, heu jackets, 2 pairs of bed nuts, 32 pairs of slippers, 341 handker- chiefs, & pairs of operation stockings, . 2 wuftiers, 5 pairs of socks, milk covers, 9 caps, 27 head bandages, 17 nye inndages, and 37 mops,

Sports' requisites such

as tennis-nets, quoits, tennis shoes, and water-polo August 23rd, 2 cases to Bombay con- balls have been provided where thetaining Amoy contributious: il pyjamas, need existed and application has 102 shirts,191 vests, 14hundkerchiefs, 28 scrubbers, 10 Shrouds, 2 reversible bed- "Atjackets, 15 hende landages, 3 night shirts, Sun-10 surgical shirts, 18 bed-jackets, 12 tray- clnths, 4 eye bandages, 1 pair operation stockings, 11 pairs of slippers, 122 milk

been made.

489 Service men have attended the

Homes" from 4-5,30 p.m. on day afternoong at the Sailors' and Soldiers' Home.

INTIMATIONS

LANE

CRAWFORD & Co.

SOLE AGENTS FOR SPALDING'S

THE

SPECIAL NOTICE

to

ATHLETIC GOODS.

CLUB SECRETARIES.

AS

OPENING SEASON

FOR

FOOTBALL, CRICKET and HOCKEY

IS QUICKLY APPROACHING.

WE TAKE THIS OPPORTUNITY OF STATING.

THAT WE HAVE AN EXCELLENT

SELECTION OF THE NECESSARY

REQUISITES FOR THESE GAMES

MANUFACTURED BY

WELL-KNOWN BRITISH MAKERS.

covers, playing cards, and cribbage board. SPECIAL TERMS TO CLUBS AND COLLEGES

hold-alls, 18 head bandages, pair of knee-caps; 11 pairs of slippers, 11 scrubbers, playing ourds, 43 muffers, 95 kneecaps, 32 caps, 25 pairs of gloves and mittens, and 105 pairs of socks.

On the 1st of September it was

August 30th, 2 Pands in Livut. Moor- arranged to supply the 3 forts with free head, sard Panjabis, Mesopotumia, eon- writing materials so as to bring thear intaining: 31 night shirts, 23 shirts, 49 line with the rest of the Garrison. This bed-jackets, & beversible bel-jackets, 63 has preant an additional 3,100 sheets of shrends. 81 pyjamas, 61 veris, 10 surgical paper and 3,300 envelopes for the month. shirts, 120 handkerchiefs, 324 milk-coveva, It is hoped to do the same for the Naval The manager of the defendant Insuran. This is, of course, not included in Lace Company said that he had never seen the foregoing August statistics. The Chinese policy containing the condi- men's communications with "Home" ure There were always words referring now secured by means of free writing to de English policies of the Company. paper and free postage, whilst the out-

His lordship asked why the conditions ings, etc., give them something to writeLoureiro): pairs socks, 2 pairs bed were not printed in Chinese and put on about. It is honestly believed that the Helmets, 3 muliers, 34 knitted scrubbers, socks, 7 pains kneecaps, 5 balaclava

the policy,

fund is doing a lot of good in helping eye Wanduges, 293 food covers, and 851 to keep the men cheerful and contented, rolled hundages. and the Bier. C. L. Cooper-Hunt, C.F., their generous help.

LONA.

Mr. Potter said that they had before very many companies policies and

the

CATHOLIC WOMèx ́s Leaque (under Miss)

pany desired to evade its liabilities, but it was obviously of great importance to they could not find one with the condi-is most grateful to all the subscribers for funder Mrs.

the Company, and to the other insurance

companies involved, to know exactly how they stood. He also thought that it was

obvious that in the present disturbed state

of China to insuraner company, with a bariness manager, would dream of insur- ing on an ordinary premium. Therefore, it was of great importance to the com panies concerned, and that was why the defendant company was fighting. The paltry 2500 was nothing, but the principle involved was a very important one.

It was on this basis that the legal argn-

ment took place yesterday.

is printed in. He supposed that the

conditions were so voluminous that to.

The following statement of accounts of print a translation would require a great the above fund up to the end of August deal of paper. The were no less than is submitted, and the following subscrip- twenty conditions UN the back of anions received during the week ending English policy, and they were printed in Sept. 11th are gratefully acknowledged :—

very small type.

His lordship remarked that

*would

be very desirable if the conditions could be printed with the policies.

The manager added that the policy was. never intended to cover every sort of fire, but only fire catsed by accident,

Questioned by Mr Alabaster, he ad- mitted that new conditions had been

Mr. Alabaster (instructed by Mr. Leoprinted since the fire, and another clanse d'Almada) was for plaintiffs

had been adtled.

Mr. Potter aid that the only question Mr. Alabaster, in the course of his -was whether certain words in the polier [argument, raised the question of the am- prade it clear that the conditions in the biguity of the policy. Had the defend- English form of policy applied. The con- ants, he asked, made it apparent on the ditions were not printed on Chinese poli-contract that they would not be respon- cies, but words were printed stating that sible in the manner they stated? Also, the English form applied. The plaintiff had the defendants given the other party seemed to have been well aware of that to the policy sufficient and adequate notice: fact, for he had stated in cross-examina of the conditions of the policy! He did tion, the soldiers had deliberately not think they had done so. The condi Bet the pince on fire, I would not have tions were not shown on the back of the brought this claim. I know that my policy, nor were they stamped on the policy does not cover that." He would front, as was done in the case of most call, evidence to prove that the Chinese English companies.

Counsel then pro

words on the policy did refer to the Eng-ceeded to quote a number of authorities.

Balance at end of July $1,700.70 Receipts during Angust 1,118.42

Total

$2,916.21 Expenditure during August 1,097,71 Balance at end of August $1,817.60 W. C. F...... W. J. Pringle J. E. Stoneman

WESLYAN CHencH WORKING PARTY Robinson): 1,81 rolled bandages, 120 flannel bandages, 60 shirts, 30 swabs, 6 pairs pyjamas, and 12 costs.

PRAK CLUE (under Mys. Sandéinan);

378 roller bandages, 693 swabs. 42 many- tail bandager, and 1 odd dressings.

NAVAL AND DUCKYARD (under Mrs.

| Sandemau): 20 shirts, 36 vests, 7 pyjaušas, 8 slippers, 28 scrks, 13 knewraps, & caps. 12 handkerchiefs, 1 bed cover, 24 milk covers. 6 shrouds, 13 rubbers, 18 eye bandages, and 3 mops.

UNION CHURCH WORKING Harry (under Mrs. Maconachig) :-

One enn to the Scottish Horse con taining: 162 shirts, 162 baudkerchiefs, : 180 pairs of socks. 47 wool caps, 29 Touffers, 36 pairs of kneecaps, and 60

200.00

5.00

9.00

N. J. Stabb

20.00

H. Hancock

10.00

E. W. Hamilton

5.00

W. A. Dowley

5.00

pairs of imitivna,

G. S. Archbits

5.00

Andrew Forbes

5.00

H. Murray Bain

5.00

W. A. Hannibal

T. Arthur

3.00

Hon. Mr. H. E. Pollock,

K.C.

10.00 10.00

25.00

D. MacDonald

K. Shaw (August)

Hon. Mr. E. H. Sharp

Total carried forward...

*Monthly subscription. §--Donation.

Our case to Red Cross Depot, Bombay, |containing: 233 pairs of socky, 51 shirts, 5.00 |6] handkerchiefs, 60 pyjamas, 13 veste,

29 many-tail bandages, 9 shrouds, 13 hospital caps, 6 pairs of surgical stock- ings, & head bandages, 3 eye handages, 36 bold-all bags, 8 pairs of slippers, 9 (tray-cloths, 2 pillows, 7 mußters, 7 pairs) of mittens, &: pairs of kræve caps, & scrubbers, 1 large cruchetted mug, and 7, | pareet of games and puzzles.

10.00 25.00

$2,169.50

C. L. COOPER-HUNT, C.F. (Military Sec, and Treasurer)

The last report of the Jackanapes Work Society is a convincing proof, if ons were needed, of the value of the work which our working parties are doing. Grateful

lish form of conditions and that it was with special reference to railway cases BAKERS' REPLY TO THE MINISTRY mention is made of pyjamas sent to the 14

OF FOOD.

Tho Secretary of the National Asso ciation of Master Bakers has issued the following statement:---

Matron of the 33rd General Hospital, Mesopotamia, from Hongkong; of band- ages sent to many home hospitals from Hongkong; and of ginger, which was especially welcome during the bitter wen

ther in France.

AN AIRMAN'S FEAT.

understood that they applied. If his where the conditions were printed in lordship Ibund against him, he would be small type on the back of the ticket. It leaving the road open for actions to be might be that, so far as the third class brought against Chinese Companies for tickets were concerned. certain of the any burning during the past six years, people who took those tickets were unable due to any cause whatever.

so read the conditions printed thereon, The master bakere of the country will. His lordship agreed that it was only or, even if they did read them, they did strongly resent the attempts of the a question at to whether the Chinese not understand them. The words on the Ministry of Food to place upon there any part of the responsibility for the

At the prize distribution at St. Paul's policy incorporated the words in the front of the policy could apply equally uneatable bread which has been and still School, Hammersmith, recently, Dr. Hit to the Articles of Association of the Com- is being destroyed in very large quantities lard, the high master, said that 2,550 old every week. The primary cause of the holars had joined the forces, and the Pany in regard to fire insurance.

trouble is the flour supplied to the trade, casualty list amounted to 304. Among the Babsequently, his lordship delivered and the responsibility must rest entirely honours were one V.C., six C.B's., 10 his judgment, which was very brief. with the Ministry of Food itself.

C.M.O's 54 D.5.0., 101 M.C's, one he said, the contract had been at all Not only is this flour variable, but the Albert Medal (first class), four military baker is in absolute ignorance as to its medals, and 27 foreign decorations. traction from the wheat, or as to the Germany.

English conditions.

Mr. Potter added that that was inerely

a question of fact.

Cheung Choy, an interpreter in the employ of Messrs. Johnson, Stokes &

If,

Master, said that the words on the dota. I ambiguous, then the defendants could character either as to the length of ex- Eighty old boys were prisoners of war in

not recover. However, after hearing the ment meant that if the insurer wanted toxicace, and the arguments put forward nature and percentage of added cereals. The most notable feat of an old Pauline know the conditions of the policy, he had he had come to the conclusion that the bread, which at times is service, who went over the German lines. The frequent result is sour, mouldy,was performed by a member of the air logo to the English clauses in an Eaglish conditions of the contract were not a all not only unpalatable, but I absolutely end, getting ita difficulties, came down. policy. The words might mean Articles ambiguous, and that they were perfectly not fit to eat, and has to be destroyed. He spent three or four months behind the The master bakers have put their ease Germen lines, made his way across the of Association," but not in the context cbvious to the plaintiffs. Under this before the Ministry of Food, and it is to frantir, and returned with very valuable in which they were used.

circumstances, he would give judgment that budy alone that the public and the information to the British Headquarters (Continued at foot of next column.) for the defendants, with rosta..

trade must look for the remedy.

in France.

OUR ILLUSTRATED SPORTS LIST FREE UPON

APPLICATION.

18

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Obtainable at LANE, CRAWFOED & Co.

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THE

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