1923-04-10 — Page 5

Page

SUPREME COURT. MORE TUR. CHIEF JUSTICE (8IR WILLIAM

KINE DATIES).]

PARTNERSHIP DISPUTE.

EGED FRAUDULENT SALE OF

PROPERTY,

nons of fraudulent sale of pro-

to him on his retirement.

Mr. Eldon Potter (instructed by Mears Wilkinson and Grist) appeared for the plaintiff, and Mr. FC. Jenkin (instruct

-klofendant-

1920-91

SPORT.

THE HONGKONG DAILE PRESS& TUESDAY, APRIL 10TH,

THE MIGHTY DEAD. "SOME THERE BE WHICH HAVE NO MEMORIAL."

MR. MACONACHIE GOES TO THE

THE OVEN NIE:/8 ZOURNAMEIET... YESTERDAY'S UNCOMPLETED MATCH. H. D Rimjahn and O. Rumjabff met Thomas Lay and M. P. Lo yesterday

Mr. Maconachie's addrem al Union afternoon in the third round of the Open

Unfortunately, Church on Sunday morning was an inter Championship Doubles.

TOMBS!!

The address surveyed a wide range, both

ALEXANDER SKLAREVSKI. WELL-KNOWN RUSSIAN PIANIST DELIGHTS HONGKONG.

The first of two pianoforte concerts to be given by the well-known Rumian pianist, Alexander Sklarevski, was given at the City Hall yesterday evening. This planiad came to Hongkong two years ago,

Pastorale, E. minor and Capricco, E

minor (Scarlat): Prelude (Aren- try); Musical Souff Box, and Walte (Landor); La Soiree dans Grenade (Debussy); "and Arabesques on the motives of Struus" famous Waltz: Blue Danube, (Schultz-Exter), Mr. Skjarevski's programme, for this evening at 5.30 gi

PART 1.

GARDEN TOOLS.

SYRINGES

TROWELS

SHEARS

MOWERS

WIRE NETTING.

LIGHT: EETS

FORKS

·RAKES

FOR LADIES' USE.

Sans of the points raised bywing to the darkness, the match was uncating dimertation on the theme that, and thers gave a series of five recitals, Coinal for the plaintiff in an action incompleted, the game fishing up two seta whilst the fame of some to whom great winning great popularity among musio) partner of the Yus Tak firm, sued Authrough the inatch and towards the end" no man knoweth the sepulchre of some heard him yesterday can well understand which Wong On Shing, a retired sleeping fal, The light was none too good right monuments have been erected is forgotten, lovers in the Colony, and those whoRADES Man" Kit, the managing partner, of the it was only with great strain that the of the world's greatest figures. The sub why that should bo He is the complete ject was a topical one at this time when master of his instrument, and an under- firm, claiming a declaration that the true players could see the ball. I'

The match was played on the stand all Ohia in thronging to the tombe for { standing master at that. His technique is] Tales of wrtain properties belonging to the firm when they were sold by the court and the stands were well patronised. Ching Ming anocator-worship and when well nigh perfect, and he possoises that «lefendant was $55,000, which is $91,000 The Indians were exceedingly fortunate the world is echoing with the story of subtle gift of touch so difficult to acquire, For on the run recont discoveries amongst the graves of except to any but the born musician. In mere than the price for which they were in winning the last set,

Ancient Egypt.

Twelve Studies from Chopin ho brought pold. Elaintiff also naked for an order of of play they looked very much like being

out the full delicacy of that composer's the Court that an abmount be taken of defeated. This was mainly due to the what, was due to him in respect of the tactics adopted by M. P. Lo who, on every of place and time. Taxt and Scripture art, whilst bis interpretation of Bach- sale of the said properitor and of the possible occasion, after he and his partner roading had reference to the unknown Laat's Grand Fantasie and Orgel Fuga gogowill and stock in trade of the firm had lost the first set, 5-7, tobbed back from grave of Moses on the heights of Pisgah, was a masterpiece, the grandases of the His claim we for correct amount due the base line and thus prevented the where he viewed the Promised Land into composition rolling finently from the Indians from working up to the not as which he might not enter and the plate. And the mysticism of Tschalk- they usually do Time and again be equally unknown gravo of Christ outside lawski's wonderful Nocturne and Mazutque boat them with this method, and to him Jerusalem. Exites from home suffered a was fully brought out, eloquent dxamples must be awarded the credit of making pang of longing as the preacher took them of the style of the modern Russians. The d by Mears. Lo and Loy represented the safe the second and third sets, 7-5 6-4. Lo next, in imagination, among the granite rest of his programme, all of it thoroughly is a clever player, possessing a strong and heather of remoter Cornwall, with sajoyed by the large number of people Mr. Eldon Petter said the netian waa in the nature of a partnership dispute forehand drive across the court His no company but the sheep and the moor present, was as followsin and had particular referente to a certain partner also played safely, though his fowl" whore Land's End affords on either amount of money paid by, the defendant; play is not as scientific as that of his side a prospect of the Atlantic. There as managing partner of the Yua Tak partner, The Rumjahte after winning is the Cromlech "three or four huge firm, to the plaintiff on his retiremont at the first set, 7-6, in which they played slabs of unkown stone which, for ages, the end of the Chiness' year, Kang San, quite up to their usual bright form, were have marked the burial place of an un which was the equivalent of the year non-plussed at Lole persistent lobbing, and known who, in his day, must have served upon O. Rumjahn's shoulders fell most his generation with stout heart, strong! The plaintiff, said Mr. Potter, was & of the heavy work is counteracting it. arm and wiso understanding, but whether merchant who carried on business at No. He is much the better in dealing with a na prince, priest or sagt, none could say co, Bonham Strand East and he was lob and he can generally be relied upon Better than an inscription in Westminster Fartner of the Yue Tak Firm, of which returning really diffoult skiers." His Abbey, Mr. Maconachie thought, was the first defendant was the managing Brother realises his own weakness in this such a burial beneath the anhewn, an partner. On May 30th 1921, the plaintif direction and very wisely left the balk of lettered rock': agreed to retire from the firm and his them to his brother. 0: Rumjahn in the Aretirement dated from February. 7th, 1021 opening stages of the match showed up During the years 1913-1917 the defendant, to advantage. His ground shots and with mtney, belonging to the firm, pur-volleying being the chief features of hi chased main leasehold property for the play. Of the two brothers ho played the belThey were sections, 6 and 7 of better game throughout. B. D. Ramjahn Marine Lot No. 55 together with the developed a hot servies as the match pro should be diminished. History became buildings erected themoy. The property coeded and he won several games on his vivid as one stood by the tombs of the was purchased in the defendant's name and is was registered by him in the Land

The run of the play was pretty even and old Norse and Danish King's in Tono, Office On January 11th, 1991, the first in the first two sets the games at one or read the inscriptions in St. Paul's. lefendant, without the knowledge and time stood at five ail in the third set or Westminster Abbey." Old Japan came COMPLICATIONS OF CLOCKING-IN

THE CAUSE OF THE TROUBLE. content of the plaintiff, wold the property. Lo and Lay looked by winners from the to life na ono brooded among the glorious; for the sum of $34,000. This amount was start. In the fourth set the Indians mehrines reared at Nikko in honour of the proved considerably and in a measure mighty Shoguns: A different China from

After many meetings, arguments, and s grem undervaluation, the property wore down Lo's dangerous lobbing. There that of the Treaty Ports was revealed being worth $55,000. On the plaintiff's was very little net work throughout the as one explored the wonderful valley near conferences between the Secretary for retirement the - defendent rendered a match, neither couple having the chance the Great Wall; where the Ming Emperors Chinese, Affairs, the Hongkong" "Élestria. showing the sum to work up to the net. Occassionally built their tombe 500 years ago, or that Company, the strikers, and the heads of account to the plaintif, shor

Lay and O. Rumjahn got in a hard still more sacred spot in Shautung where, of money due to the latter, and a sum smash but they were few and far between three and twenty centuries ago, were laid the strikers guild, it has at last been great pomp the remains of ascertained what exact complaint the men ▲ 138,809.61 was paid to the plaintiff Both couples were at fault at times in with

This gecount was based, amongst other volleying back balls which were obviously Confucius, "the one man whom China have to make against the Company. The

hna delighted to honour."A

whole dispute seems to have been the things, upon the amount realised by the going wide.

Reverting to unknown resting places, Mr. Maconachie-with a thought for the result of a misunderstanding. When the bluejackets who atterit Church parade Company introduced their new system of each Sunday at Union Church-alluded clocking-in for these particular workers at the North Point Works, the employees to the sailor's grave and quoted

There is in the wide lone sea's spot were unable to understand the finer

unmarked but holy"!

points. They knew that they had to the He drew contrast between permanence of the Jewish race-a people clock-in at tiffin time, and they knew that who reared few monuments, whose efforts the clocks registered the time they werd in stone were negligible and the ancient away. But the Company had not been Egyptiane, the builders of mammoth able to obtain all the clocks they needed, architecture, especially of a monumental

sale of the property. Furthermore, the The match will be continued on the plaintiff claimed that this account did not stand court this afternoon and should pro- fnclude the value of the goodwill and vide quite an exciting finish

In the second round of the same com- stock in trade. Plaintif disputed the petition B. H.-Wild and J. D. Humphrey settlement and claimed that the account experienced no great difficulty in dispos was incorrect to the extent of $21,000 ing of S. E. Green and D. S. Green by (undervaluation on the property) and by three sets to one....

the amount of the value of the good-wall

and stock-in-traile

Resulta:-

OPEN CHAMPIONSHIP DOUBLES. R. H. Wild and J. D. Humphrey beat ment of defence which was to the effect S. E. and D. S. Green, 0-0, 7-5, 2-6, 6-3.

Mr, Potter went on to read the late-

HANDICAP SINGLES **A."

W. B. Connaby (†15/3) beat R. M. Henderson (5/6), 7-9, 6-3, 10-8.

HANDICAP SINGLES B."

that the defendant admitted selling tho property on the 11th day of January, 1921, for the sum of $34,000, but denied that such sum was a grúpa undervaluation. Ho denied that the property was worth C. G. Perdue (-1/6) beat G. Dawbarn $85,000. The defendant nemitted (†4/0), 0-0, 26, 6-2; W. G. Kennear having with repor hout the (8/8) beat C. M. Wilson (15/6). 6-2 2-6 consent of the plaintiff and rund hat 6-2

•

'

"Wo carved not a line, and we raised

not a stone,"

Bur wo lo Bub wo left him alone with his glory.".

THE WORLD'S FAMOUS TOMES.

The world was full of monuments, and was not suggesting that their number

1.-(a) Andante, F. major; (b) Moon-

Fight; Beethoven. 2-(a) Ballade, A flat major; (6) Nocturne, F sharp minor (c) Waltz, Csharp minor; (d) Polonaise, A flat minor; Chapt

PART 11. 3-(e) Two Preludes, Rachyrainag

(b) Barcarolle, Rubinstein (e) Etude Pathetique, Scriabine, (a) Antique Menuet, Sgambații; (h) Loreley, (c)-Campanella; Lezt.

THE ELECTRICAL WORKERS'

STRIKE.

kind. Ancient Egypt was deadh, a mere so that the men had to queue up beford subject for post mortem esumination: they could cloak-in. The Company allow the race it oppressed lived, and exerciseded them Sve minutes to perform the and influents greater than that of any operation, but as there were no few clocks Pharoah

at the time, it was ten minutes beford Away in the arid limestone valleys of the Theban desert lay the rock-hewn the men at the back of the queue were chambers where the dust of the Lords of able to register. They immediately jump- Egypt, embalmed and closely guarded, ed to the conclusion that they were to lose HANDICAP, DOUBLES.

might safely pass the 3,000 years ero to this ten minutes off their tiffin hour, Thomas and A. R Sutherland soul, as was believed, should come back were subsequently ratified by the plaintiff. (15/0) bent R. M. Sarth and C. C. Stark to re-animate the waiting body. The hence the strike. What the men did not The defence alleged that the defendent (15/6), 1-3, + 11-9; E P. Harrison and thirty expected centuries have more than realise was that they were allowed a Was rested with full authority (being M. Edwards (19/6) beat E R. 5. gode but Pharoah's spirit has not come certain time for tiffin always, and the time enging partner, go and wisputara Do, and 4 B- Haworth (-15/1), 64 back to Carveriges to the fiery, in-situt allowed was dated from the time they left ment so carefully preserved. Unto to the time they came back, and registered thou shalt return is the decree which can by no means be set aside by any device of man. The passionate faith of

property was likewe boug H him

without the plaintiff's klen Or

Bont, and that both the purchase and sale

knowledge of such 4-0, 6-4.

sale of property was expressly

A such by the clocks Thus they lost no time at all in spite of the ter minutes

authorised by the plaintiff and certain other partners by their intention of ro- The facts of the case, at Mr. Patter, Wring from the business on the under were very simple. The Ya Tak Firm those times in the survival or revival of delay. This has at last been understood standing that the sale money should be opened: business in 1808 as general merchants the soul after death is written in their by them, and the only question now left used to pay part of their fair share in and carried on business in Hongkong, inscriptions, enshrined in their ritual and

Shabghai and Tientain The plaintiff who expressed in all their funeral customs.

sleeping partner, his share being a

the buiino,

$750

FOOLISH AND CHILDISH SUPERSTITION.

is that of bonus According to their agreement with the Electric Company, bonus is forfeited if men absent them. selves from their work without leave. This is the only point: left in dispute and if this is settled, the men should al

In reply to this statement of defence ones There was only one other partner the plaintiff denied that the sale was put a $730 alare in the business, all the

The spirit of Tutankhamen, we are through in a bunt file was by other partners holding smaller cunts, told is angry at the disturbing of his defendant. The plaintiff repeated his

that was a gross the of the

sleeping partnera vaduntion med added that is reg under bold 11,000. When the defensar-whd bones, and it is now two months sines oat. The defendant fraudulently and in dified their Intention of retiring the a crystal-gazer of Piccadilly beheld two be back at work within a few daya, ... .

Bund/Plaintiff ariced for a balance sheet. Thig iaf the excavators dead on the white sand

breach of his duty towards the

sold the property

that owing

was not published, the defendant stating The sand is not white, as it happens, but to a.printer's strike it could one of the explorers has succumbed, as not be printed. Bo believal this to be any man might to blood-poisoning,

The defendant contended that I suppose us shall have a flood of

For a thousand years, he continued, not eagle monument existed in Enginrid to Alfred, greatest of English: Kings.

· and value of the good-will and the plaintiff anw the original balance Auperstition let loose, which indeci Will Yet his biographer spoke truly when he

9mitted from the deliveredandans shoreby

"defendant on May

träde

1021 The

fraudulently

Induced the plaintiff to accept the said heet On May 30th, 1921, defendant seat be almost worth while if the vulgarity of said that, though invisible, Alfred vas nccount da correct and to Ugu the used for plaintiff and despatched him with a the whole proceedings receives 'n check everywhere in English life and laws, 20 of eurement: The plaintiffs asked for foki to the Government stamp office with To think that a great King, after 3,000 much the founder of the nation's well the said account to be get aside and roa blank document to be stamped. On years in the other world should have being that every shoot in the land might return, the foki wrote out the deed nothing better to do than indulge bave his bust, vary town hall his statue, opened.

Te the defendant's rejoinder, Mr. Potter of rotirement which he copied from another jealousy oves his discarded skin and bongside every chip in the Navy His name went on to sky, the defendant denied that document and then the defendat asked To think he should be permitted to wreaks For the memorial of that prophet 2 Aus Bale whe fraudulent and darled the plaintiff to sign it, at the same time recentment by the death pensity, and

faith and love and light which surely allegations of fraudulent concealment and producing an account which showed his should send a forewarning of it to greater than Moses, look around on the Araxdrlent inducement. In' further answer Adare at 38,609 60. He also gave him the Piccadilly Folly and childishness creep though, they might think slowly werd taxthom the défendant stated that the honey. The plaintif at the time said, inevitably info conceptions of the future breaking through upon the discord and

This may not be correcta and the life which take the turn of materialien: darknes of our world. Ne man enu amount payable to the plaintiff was defendant, replied "All the partners are Men and women must be taught to

Good on the profile of being raid alike, and if they can get any reverenco, and love their dead without show for certain the place there the Lord Kang Ban and, the previous years,

Sunderer war will red moro,the plaintin worshipping their tombs and tablet! illay but true, now and Ibe all ages, were↑

•s shown by the balance shoots and pant the document and fool the money. In an interesting pasenge the hender, azidy exalted lines of the

Dinawas not entitled, Lo have Chief Justice Are you they only scathis emphasized the consideration

Will. The value any valuation of the good-

Kicking stock in trade na included - Patter another partner-kicked that the burial of Mosses in an unknown sheet for the Kang Saa year and and kicked very hectively to the extent

taken into account in paying the

share in the business of Counsel for the plaintiff continued to addrese the Court in the fternoon and Continued at fool of next column.)

the case was adjourned,

hristian

cetess who said Ch

patietanowe » that Our waysids planet, carrying land and which would be suggested by their contact Love had life multifold, and pain and blin, with the Egyptians

gravo had saved the Israelites from the temptation of deifying their dead leader.

Contruct at fool of next column.)

Bravo

Beara a chief, treasure, one forsaken

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