1923-11-20 — Page 4

JOHN -1.

THE HONGKONG DAILY PRESS, TUESDAY, NOVEMBER 20тn. 1923,

THORNYCROFT

AND 00. LTD.}

SHIPBUILDERS AND -ENGINESĖS

Landon, Gouthampton and Basingstoke

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AN INSURANCE CLAIM "APPEALS

JUDGMENT FOR INSURANCE

COMPANY UPHELD.

DARING PIRACIES AT SHANGHAI

LIGHTERS ROBBED AND LAODANS MURDERED IN MIDDLE OF HARBOUR.

THE "MONTROSE "—"YUEN SANG" COLLISION. YESTERDAY'S HEARING AT

THE

INTIMATIONS

HONGKONG ENGINEERING AND CONSTRUCTION CO., LTD.

NO

By Order of the Board,

8. COURTNEY COOK,

Secretary.

11376

SUPREME COURT.

NOTICE OF MEETING. CAPT. WHEELER CROSS-EXCMINEDARET Their Honours Judge Sir Skinner

NOTICE IS HEREBY GIVEN that the FIRST ORDINARY YEARLY Turner and Judge Peter Grain sat in THEAT OF A CARGO WORTH 64,900,

The case in which the Indo China Steam Full Court of Appen? In HBM Supreme

HONGKONG ENGINEERING AND CON For a long time past, says the T.Navigation Co., are sing the owners of MEETING of SĦAREHOLDERS. of THE Court at Shanghai last week, when A

their vessel the Ike* Sang by a collision HONGKONG HOT Pedder Street, Hongkong, and F. Nastashoffsky appealed against Daily News, attention has been directed, the 9.5. Montrose for damage caused to STRUCTION Co., LTD., will be held at THE EMBER 1923 at-13.00 Noos, for the purpose the decision of Judge Peter Grain given to the amount of pilfering in Shanghai

of receiving the Report of the Bean of Dis In February of this year in favour of the harbour and the British Chamber of during the Manila typhoon of 1920 was na WEDNESDAY, the TE DAY OF NOV- Far Eastern Insurance Company, Ltd. Commerce, amongst other bodies, has continged yesterday afternoon defore his EME

Assessor (Compariod from 28tly Ortober, 1922 to: the 30th

Jene, Plaintiff originally, claimed from the made serious representations on the snh Lordship the Chief Justice (Sir William ectors and a Statement of Aocanals for the 1993, and of electing Directors and Auditors Company the sum of G. Yen 40,89.76, jeet. Lately the matter has become for Rees Davies) and un

The TRANSFER BOOKS of the Company the amount awarded to them in an arbi- tration before Mr. A. D. Blackburn, with worse, and it now amounts to piracy and Beckwith, R.N.) sitting in Admiralty

murder actually right under the guns jurisdiction. KINZ

Mr. F. C. Jenkin for the defence cross will be CLOSED from the Bait to the 28th reference to a fire, which occurred on their of foreign men-owar and within pistol-

Wheeler, Marine Super November, both days inclusive. premises at Harbin on May 9th: 192 shot of the River Police headquarters. raining.

plaintiff Company, said: plaintiffs holding a dro insurance policy from defendant Company, the Far Eastern Indeed, pracies have been committed in

such a manner that it has been made intendent of Insurance Company, The defence plead- ed a broken condition precedent and obivous, in the light of later discoveries, One of the points I shall make against frand, and obtained judgment. The Nas that captured boats probably with their tashellakys appealed against this decision, murdered crews still on board; have been you is that no matter how very honest Mr. Tycho Wing was counsel for the ferried into the Soochow Creek where you may be in your opinion F think you' appellants, and Mr. H. L. Ward repre- they actually would jostle with police will agree that your evidence must un boats. The daring with which the pirates

party t seated the Insurance Company"

1- have tried to His Honear Sir Skinner Turner said: now follow their trade is wid to be do consciously be in favour of your coin-

Capt. Wholer: This is an appeal from a decision of His to the almost total absence of any check Honour Judge Grain sitting without canon them in the reaches just above the. jury The action was brought upon an Arsenal and at the mouth of the Huang-Leradicate that,

Mr. Jenkin': You know the claim award which assessed the amount pay-pu. Recently we published the story of able under a Fire Insurance policy issued Shangbai gentleman who when on which your company makes against the by the defendant Company in the event a week-end houseboat

The the pirates at work only a short Venfrore is to the tune of $80,000. of their liability being establisheut. defendant Company pleaded various de- distance above the Arsenal-one man fences the principal one being the exist holding up a whole boat-train and be Capt. Waveler: I don't know that." ence of a condition precedent which had even had an interview with the river Further, cross-examined, the witness been broken, and fraud. The learned hawk, who treated with disdain the sug admitted that he had no complaint as trial Judge found both these defenees gestion that he would he caught and the position of the Hontract at the pier had she got up steam. The forward moer- proved and gave judgment for the defen punished sooner or later.

Last Friday afternoon,. a foreign dant with costs. Against that judgment this appeal has been brought and it is firm, whose name it would not be advisings of the Montrose had not sufficient urged that the facts show there was no able in the circumstances to reveal, kent scope, brench of any condition precedent, and a cargo boat over to Messrs." Butterfeld secondly that there was no evidence of ans fraud at all

The fire took place in Harbin on May 0th, 1021, and the whole place (a tobacco factory and offices) seem to have been destroyed: in addition to the goods, etc., covered by the policy, all the books were destroyed save one, which was with the plaintiff in Japan. Certain payments have been made in respect of building and machinery under the policy but the defendants, liable under the policy only for the cost price of goods and materials, contend that they are not liable for these. The policy which seems to be quite an ordinary one, is on a printed form with certain typewritten additions. face of it, next to the main clause of the contract, is a typewritten clause as to the place where the books may be kept: on the back are 's heads of material.covered with an amount against each, totalling

trip. watched,

& Swire's Pootung wharf to transport 38

Hongkong, 15th November, 1922.

HONGKONG TRAMWAY CO., LTD (INCORPORATED IN ENGLAND.)

OTICE IS HEREBY GIVEN to Share- N holders is the above-named Company that the Special Resolution to Wind up the Extraordinary Resolution Company and the providing for the Distributionor sale of the Con- Hong- THARWATE

(Incorporated pany's holding of Shares in the HoxaxoNG FREE that has been given, the kong) of

Shareholders having

to

in the shore named Company both in London and in Hangkong WILL REMAIN OPEN the REGISTERS OF SHAREHOLDERS

of for the purpose 1823

registering Transform UNTIL THE 30TH DAY OF NOVEMBER.. of Shares after which Date the said Registers. to a Distribution of the Assets of this Com- will be Closed and the Liquidator will prossed:

Mr. Jenkin: It is only from the coin-pany among the Persons appearing as Share.. holders upon the said Begisters in accordance

Paid Extraordi or the witness-box, with their rights and with the case, of Venetian piece goods, valued at fort of an armchair,

ESIMMONS

For and on behalf of £4,000, to their own godown on the bank, that anyone would criticise the positionnary Relation

EDWARD

RITCHIE MORRISH, the Soochow Creek, a little distance above

-Liquidator.

the Garden Bridge. The goods were load of the Montrear at 6:30 p.m. with the ed, bat, for a day nothing more was heard wind south.

of them. Then the lighter, empty and with- Witness: I wouldn't go so far as that. out a crow, was found on the mud, near At 30 p.m. the weather indications were the Markham Road bridge. The police, who very bad and the position was subject to already had been notified, were able to criticism fad out that the cases were unloaded Jankin: Do you suggest that we should early on Saturday on the Chapel side, have done soreething, and if so what!

Capt. Wheeler: You should have drop- but they can ascertain no more, nor are

W.

Hongkong, November, 1923.

(1598

SOCIETY OF ST. GEORGE. NGLISHMEN Wishing to Join the w

Society skonid apply to G. E. PIERCY,

[1584 they likely to save by some chance in ped the second auchor, rua a line out. Hon. Secretary, c/o Mesera. JARDINE formation, for, once the cases are broken from the port quarter and stacked away HATAISON & CO., LAD up, there is nothing by which the goods to drop back. On the

can be identified, even by an expert At

Witness said he could not say that a

the moment there is a ready market for man who did not do this was lacking in Venetians at highly remunerative prices, maritime skill; he was wanting in typhoon knowledge. He could not agree that

BOATMEN MURDITED,

NOTICE OF REMOVAL.

NHE of DAILY

Naturally, perhaps, would it would be an unskilful man who at in all the G. Yen 137,00 for which the suggest that ferlions, an outsiders were 6.30 p.id, with the glass falling and the PRESS have been removed to LX

Hongkong, 16th July, 1993. policy was issued and then follows the but the firm's manager states that they wind rising, thought of moving his ship. CHATER ROAD (3rd floor), to which Address priated condition under which the policy were beyond suspicion they were all old His opinion was that the order for steam all Correspondence should be directed. was issued. Mr. Wing for the appellant employes who had been working for the should have been given before 8.30 p.m. suggests that this really means that there firm for eight years or more and could because of the falling, glass, night fall-

WHAMPOA ON 14TH NOVEMBER, 1923. are 3 policies: 9. contracts of insurance. be thoroughly trusted. Furthermore, the ing and wind rising. He thought that I am not aware that this was ever sug-Chinese know the ways of their own kind, at 8 pm shipmasters in the harbour 88. TAITO MARU: PIRACY NEAR TWO" Bills of Lading (No. 1 covering 505

of Endo Unscreened Coal, No. gested in the Court below, but even so and he states that the crowd of wailing should have realized that there was a I think it is wrong. The contract seems wamen on the derelict lighter left no danger of the wind coming round to the After the conclusion of the cros to me to be one contract for a given sum cubt that the three Inodahs haut been south conclus of Gold Yen 137,000 though for conven murdered.

the reasons ence and some other good

Almost as bad a case happened earlier "xamination his Lordship called for the covering 2400 tons of Kasci Unscreened Coal) or some unauthorised persons, WE HEREBY GIVE NOTICE that all such Bills of Lading

Lavo Kidung

been can riginally inamed in crliei and Owners of the Steamer are making their OND arrangements with Receivers.

COMPANY REPORT. HONGKONG ENGINEERING & CONSTRUCTION CO., LTD.

Anyone able to Live any information with regard to the slave Lost Bills of Lading kindly Owners Azents, the communicate with YAMASHITA KISEN KOGYO KAISHA. HONGKONG.

parties have agreed to limit the maximum last week. Men, on the river actually saw log of the Frew Sang, and it being hand with Consigates Covers by the above vessel, Tability of the Company under the vara large cargo boat, carrying Tix. 12.000 ed in, the ease was adjourned till this having been presumably parloined by pirates ous heads stated in the schedule. That worth of goods, boarded and captured by morning. being so, the condition on the face of the river pirates off Yangtszepoo. in the policy applies to it all. It is not con- evening. The pirates themselves were tended that this is not a condition prece not in sufficient force to get out the dent nor that its brench would not de-cargo and for hours they tried to per¦ prive the appellant of the benefit of the sunde boatmen to do the work for them. policy. It runs as follows!

Not unnaturally they were given a wide It is hereby stipulated, and agreed berth and eventually, when day was that the Insured will preserve in breaking, they had to get away, leaving place or premises other than the place their booty behind them. These are hut or premises affected by this policy and two recent instances and we are inform constantly maintain Stock Register, Ined that they are not isolated cases, not submit in Statement of Accounts and are they exceptional one. They can bo Balance Sheet covering the period from Foices, etc."

authorities at 28th October, 1922, to 30th June, 1923. substantiated by the Peking and should serve to. show the im- The Profit and Loss Account shows a mediate necessity for strengthening the debit balance of $47,28,48 after writing armed porer launches.

It is not denied that these documents were kept in the office, which was a place affected by the Policy." It is

The following Report of the Board of shareholders: Directors is to he presented at the first ordinary yearly meeting

Directors herewith Accounts:-Your

Hongkong, 19th November, 1923.

FOR SALE. VALUABLE LEASEHOLD PROPERTY.

urged that all it means is that the books, River Police, both with men and fast, off $5.181.77 for depreciation and making DECEMBER, 1923, for the Purchase or

B03

provision for all outstanding Liabilities. etc., must be kept in some place other

This is mainly due to the fact that at the than that where the goods affected are

date. of closing the accounts the various stored or kept. But that is just what the SHANGILAI TRADE

contracts secured by the Company, repre- condition does not say: it could have, but

And however inconvenient Messrs, 1lbert and Co. of Shaughai, insenting a total of some $1,800,000, were it does not. it may be to the Insured, I can see no their late Piece Goods Market Report in, their initial stages only. No credit has been taken for the estimated profit on other meaning to be put upon the condi- tion than that put upon it in the Court Our market during the work under works in progress, which appear in the below and argued before us: vir: that review has ruled steady to firm and tele Balance Sheet on a cost basis. The next the books had to he kept in some place graphic advices from inpcher report a accounts will be for the six months end other than that covered by the Policy harp advance in all manufactures quota-ing on 21st December, 193, after which That condition was broken by the In- tions in sympathy with the steady rise in the the financial periods of the Company will sured and the Company are entitled to price of the raw material consequent upon end on 31st December in each year

Directors: The Hon. Mr. C. Montague the benefit of that breach.

the crop shortage reveled in the final American Government Bureau report, Ede having resigned from the Board on 30th January last, Mr. J. Scott Harston- which has just been published.

A fair business has been done for Hankow was appointed to fill the vacancy. Mr. and the River Ports in Whites, firey and Harston's appointment requires confirma Imitation Venetians and buyers have been tion by the shareholders. Dr. J.-W. forced to raise their limits as sellers are in Noble and the Rev. Father Souvey retire a strong position owing to the shortage of by rotation and, being cligible, offer them-

selves for re-election.. stres

Anction valués generally ruled firm, prae- tically the only exception being Venetians which showed a slight reaction on their

One other inatter must be mentioned here it is said that Tetzman, who was the defendant's agent in Harbin bad stated to the plaintif that it would be all right if the books were kept in their office; and that therefore the defendants cannot now insist upon this point. The only evidence given as to this was that of the plaintiff, and the trial Judge did not believe him and further drew an in- ference against him owing to the failure to have the evidence of Tetzman in the recent advaner: netion. That is a matter of the credi- | bility of the witness: and this Court is slow to revert a finding of that nature made by a trial Judge; nor can it be said that he was wrong to draw such an infer cace from the failure of the plaintiff, to call any particular witness The Judge was in the best position to decide as to this.

cost

difference naturally. In other words that when the plaintiff realized that under his policy be could recover only cost," be changed his tacties and claimed on price figures" what he had always put forward as sale price figures"; hop

ug thereby to get the profit on the materials which was not covered hy the Then there is the question of fraud: polity. That would undoubtedly be frand here, as I understand the position of this within the conditions of the policy, and Court, it is, our daty to reheat the case the that Judit for of the seems to on the point always with a presumption me to be entirely borne out by the evi- that the trial Judge was right. The pre-deace that that in what happene sumption has to be displaced by the ap Under these circumstances I see no pellant, remembering always that whee ground for disturbing the judgment of the it is a question of credibility of witnesses, Court below, and this appeal must be dis apart from inference of facts to be drawn, missed with costs.

Auditors The accounts for the parind under review have been audited by Messrs. Lowe, Bingham and Matthews. chartered accountants, who, being eligi ble, affer themselves for re-election:

+

HONGKONG YARN MARKET. Messrs Polishwalla and Kotwall, cotton and yarn brokers, report ---

FFERS will be Received up to the 7 Leass of s Modern Equipped Nine-room, Fire groot, Brick and Concrete Residence at PAR HOOK TONG, CANTON. Includes three Bath- rooms equipped with Modern Fixtures, am-

Excellent View modions Basement, Kitchen and Servant" Quarters. Attractive Location. Surrounded by about 6 mows of well lik ont Grounds with Ten year old Troes Tennis Court Owner's family leaving shortly for Home apon application to BANQUE DE L'INDO-CHINE,

18538 Particulars Plans and Conditions of Sale 8BAKIEN.

TO LET

IX ROOMED HOUSE on the PEAK, March till November, Fully Furnished, 3 Bathrooms, Flush System, Hot and Coll Water, etc

1574]

Apply LINSTEAD & DAVIS,

Alexandra Buildings..

TO LET.

HOLE GROUND FLOOR and BEST the House, No. 5, DUDDELL STREET, BE

Apply to SUNG TAI,

No. 1, Queen Street 1498]

TO LET

WOFFICE BOOMS in 1ST FLOOR of

Since the issue of our last report on October 24th our yarn market, in com. imon with other centres, has followed in the wake of American cotton-which has now lenched 34 cents (the highest price O Boom on Fifth Floor, reached since the 1920 boom), and frices have advanced $10 to 30, the tone berag very strong The volume of business, however, has been only moderate, owing to prices being too high for the interior markets Total sales mount to 4,500 market bales."

FFICES in UNION BUILDING-One Apply UNION INSURANCE SOCIETY OF CANTON, LTD,

Bombay reports a very strong

as also Shanghai-Unsold stock 6,500. Bargains in Chinese hands Spet and te arrive 4,500 hales. Arrivals from Bombay have been 4,500 bales

Sales of Japanese yard course was quite in order. They had moderate this being due to higher re- fifteen days in which to start proceed.placing costs.

the trial Judge had the advantage of His Honour Judge Peter Grain express secing and hearing them Under theed his agreement. terms of this policy, the Insured was Mr. Tycho Wing told the Court that the chtitled to receive the cost (ant any pro appellants (as he had just been instruct fit) of the materials, etc., insured. Ated) were considering whether or not to the arbitration held to determine the las, take the case farther... sustained, certain figures were originally The Chief Judge remarked that such a put forward as the sale price of the goods lost see the B/claim then used But at the arbitration itself and after wards the plaintif maintained that the were cost prices a very considerable (Continual of foot of neel column)...

ings, and until that time had elapsed no There are no stocks of raw cotton either. order again for perment of Bungal or Chinese. Quotations Bengal 847 to $3 per picu!; Chinese #52 to 807 costs of the handing over of exhibits,

The Court then rose,

per pical

PREPAID. " WANTED! ADVERTISEMENTS

Ketteer ses bying at, thir Olles for

"

7ANTED-Gentleman Wanie ONE

TWO ROOMS MY Boardin Qmet House Apply Box No. 148, po the Daily Prom Q