1924-02-13 — Page 5

Page

"ON

INTIMATIONS

CONTRACTORS PLANT.

N Completion of Prai Wharvus and Johara Causeway Contracts, the Con- tractors, TOPEAM, JONES & RAILTON, LTD., of London, hire a Large Quantity of CLAND AND MARINE PLANT FOR

IMMEDIATE DISPOSAL.

THE HONGKONG DAILY PRESS, WEDNESDAY, FEBRUARY 13rm, 1994.

THE EXCHANGE DEAL CASE

EVIDENCE TAKEN FOR THE DEFENCE.

FX-MANAGER OF BANQUE INDES TRIELLE IN THE BOX,

THE PUISNE JUDGE'S EXPERIENCE.

ONE OF THE MOST CURIOUS

CASES IN 18 YEARS.

His Honour, the Puisae Judge (Mr. PLAINTIFF'S COUNSEL SAYS THEY HAVE No Justice Gompertz) giving judgment in a money leading ease yesterday, described the case as one of the most curious ever

CASE TO ANSWER

to come before him in his sixteen years experience as Pujane Judge.

The ease in which Mr. J. H. N. Mody, The LAND PLANT inclades Air Com presunte Boter, Cranes (Travelling Derrick, exchange broker, is sued in the Supreme Goliath and Titan, up to 15 tons lift). Concrete Churt by the Bank of East Asia, for the of

The ease was one in which an Indian of $77,434.38, an amount Mixers, Rock Drilling Machines, Fortable En-recovery

memes for which he stood as guarunter money-leader, named Hakan Singh, of gines, Grab Buckets, Locomotives. “Pumps,

Hai Babble Skips, Shop Main an exebange transaction a few weeks Wanchai, sued a Chinese whom he said was Chang Fook" broker of the Wacons. 600.

before the Flanque Industrielle de Chine Wing On Company, for 2020 due on chinary

The MARIN

before the Chic? Jusfige (Sir William November 15th, 199

Rees-Davies).

NEW LOCAL” SOLICITOR.

Mr. Ralph Archibald Wadsson, solici tor, was admited to practice in the Colony by the Chief Justice (Sir William Rees-Davies), sitting in the Supreme Court yesterday, Mr. Wadesen, who re- cently arrived from Home, is a member of Messrs. Deacon, Harston and Sheuton.

The Hon. Attorney-General (s. J.-H. Kenip, K.C.) in moving Mr. Wadeson's admission said that Mr. Wadeson joined His Majesty's forces in 1014 and served in the infantry all through the war, earn- ing the Military Cross. He was articled

PLANT consists of Ocean failed, wits continued yesterday morning | promissory note dated as far back as in Jaune, 1920, and completed his articles!

Smaller Tugs, Stest and Steel Hopper Barges al

Launch Pontoona, Grab Craner on

Lighters, Steel Pontoona, eta

Enquiries are invited, and should be ad dressed to

TOPHAM, JONES & RAILTON, LTD. Post Office Box 608, Singapore, B.S.

PARTICULARS OF SALE

OF

To AZ SOLD IT

PUBLIC AUCTION

MONDAY,

*་

[307

THE 19TH DAY or FEBRUARY, 1924, At 3 O'CLOCK P.M.

by

Mr. Elden Potter, K.C., and Mr. F. C. Jenkin instructed by Mr. E. Davidson (of Messrs. Hastings, Dongys and Bow ley), are counsel for the plaintiff Bank, and Mr. C. G. Alabaster, K.C., and air Campbell Prosser, instructed by Lessrs. Wilkinson and Grist, appear for the defendant.

04.

ho

lent. The..

in June 1999, passing his final examina tion in June, 1993, and being admitted a solicitor of the Supreme Court in Octa- ber last.

According to the evidence the plaintiff kent a sum of money to a Chinese, who signed the noto Chang Fook, there being the signature of another Chinese named "Chow Tack 3 also attached,

The Attorney-General added that Mr. together with a stamp purporting to be the chop of the Wah Lee Company. The Wadeson had not complied with two of inoney was never. repaid and plaintiff the required provisions, but the local issued a writ against Chang Fook." Law Society and the Registrar bad no Mr. "Alabaster, concluding his opening citing him as being a broker of the Wing | PUBLIC AUCTION,"

address, said that their defence was three On Company. When the bailiff went to objection to his being admitted right BY ORDER OF THE MORTGAGEES fold and each one of the three defences serve the writ, the plaintiff went with away. He produced a pactising certi

were separate and distinct.. They con- tended that each deferice was sound. The him and pointed out a man as being the Bente dated November 18th, and the usual first defence was that the plaintiff entered defendant, but. that man's name prove identification affidavits were on the file.

is the Chief

The Chief Justice, in formally admitting VALUABLE LEASEHOLD PROPERTY a binding agreement in London to to he Kong Pai-yin,

give time to the principal debtor. The Secretary of the Wing On Company. The Wing On Company wrote saying they had SITUATE AT VICTORIA IN THE COLONY OF,

sceral defence was independent of any ever had a man named Chang Fook" Mr. Wadeson to practice, said he was HONGKONG AND ENOWN AS .

inding atreement. It was that in Lon.

in their employ, nor had they a broker. pleased to do so. The new member "bad: don the contract was altered from a cash No. 18, ICE HOUSE STREET AND No. DUDDELL STREET

transaction to a credit transaction. The Alt. Kong Pugin denied that the signa served with distinction on the hatticheld, third defence was that by reason of the ture "Chang Fock was his and said and he (the Chief Justice) could only negligence of the London, Joint, City and that he had never borrowed any money Milland Bank the plaintifs were estop from plaintiff. A question of identity hope thas Mr. Wadeson's distinction s therefore arose. Plaintiff sail that for a soldier might be an earnest of his auc ped. He submitted that the documents on time he could not find the man to cess in the Colony. His Lordship wished put in amounted to absolute admissions

whom the money was given, but even- of gross negligence' on the part of the plaintiff's agent (the London, Joint, City tually he discovered him to be Mr. Kong him all success. and Midland Bank) in London. Advice Pui-vin, who joined the Wing On Com- of the non-receipt of the money should pany after the money was have been wired a few days after the con- blaintiff called two witnesses, one of tract was, eatered into the 7th June, whom said he introduced the plaintif to 1921). This was not wired until the lat the defendant before the money was lent. Defendant denied all knowledge of the of July

loan and called the Manager of the Wah Lee firm, who said that the stamp on the

Mr. W. T. Tolley, to the Central British note was not his firm's stamp, that defenes made in the Education Department: dant had never been employed by him and was not even known to him. Money School Mr. Tolley is a Trained and taken Certificated Teacher, served during the lending transactions had never

His Lordship. yesterday, after deserib War with the Royal Field Artillery place in his shop. ing the case as one of the most curious Aeting O.C., Y. Battery, 10th T.M.B., cases, in some respects, that had come B.E.F.), and after the Armistice was before him in sixteen years, said that until the morning of the previous day he Education Officer attached to the Base was in considerable doubt as to where the Headquarters" Education Staff, Havre, truth lay, Having considered the case lecturing in History, Geography Map as a whole, and giving consideration to what took place in Court on the previous Reading, Topography and Survey Work.

The at various schools. day, he had no doubt whatever that judg. Mr. Tolley has also been Sports Master ment must be for the defendant, plaintiff had undoubtedly loaned some money to some Chinese who had deluded him, but his Lordship had no hesitation in deciding that the money was not loaned to the defendant in this case. He there fore gave judgment. for defendant with costs.

Messrs. LAMMERT BROS., Auctioneers,

At their. Sales Room in Diddell Street PARTICULARS:

THE Property is situate upon SECTION D

TH OF INLAND LOT No. 230. There is

a Frontage of S1 Test 2 inchas on Ice Hone Street and 90 feet3 inches on Daddell Street. The Premises caver 51 area of 5,500 square feet or thereabouts sad are held for a term of 999 from the 11th day of May, 1819. The years Crown Rent payable in respect of the premises

per annum. For further Particulars and Conditions of Sale, apply to

in 380

9311

Messrs. HASTINGS, DENNYS

& BOWLEY, Solicitors,

or to

s, Dza Vaux ROAD CENTRAL, Moura, LAMMERT BROTHERS,

Auctioneers,

DUDDELL STREET,

ΤΟ

LET.

PPLICATIONS are invited for Rents! of the SHOP in the HONGKONG HOTEL BUILDING, facing Des Voeux Road now occupi- ed by the SODA FOUNTAIN, as this lusinoas will by conducted from the CAFETERIA to be shortly opened. The Shop is tile; would be suitable for Chemist's Business,

Please apply

SECRETARY,

THE HONGKONG AND SHANGHAI HOTELS, LTD., 3301

Powell's Building.

TO LET.

HOLE GROUND FLOOR and

Evidence was then called for the, de. fence. The delendant, Mr. Mody, was the first witness called, and his evidence hore out Mr. Alabaster's opening state-

inent.

Jr. Hody, cross-examined, said he had been an exchange hroker for 13 years. Never before had he guamnteed an ex- change contract, nor had he ever, pre- vious to this instance, been asked to do

SU.

Re-examincil, witness stated that after June 8th be considered the guarantee dead. As he did not hear from the banks he thought the deal had gone through.

Alr. Cyril Chanpkin, manager of the 1. &0. Banking Corporation, gare ex. pert evidence as to the procedure adopt. edy banks in Hongkong regarding exchange contracts, in the course of which he mentioned that they paid out money on this side in consideration of it being received in London on the same day. I the money was not received in Lendon they were losing interest

on the money they had paid in Hong- kong. It might also be necessary to re- vise the contract at a rate of. exchange that might be unfavourable to them.

Mr. Caniphell Prosser: You say these are the principal reasons for giving notice of prompt payment?

Witness. These are the principal rea- 3013. I can't think of any others. We naturally expect to be advised of non- payments.

What do you understand by the worda

WRIGHT OFFICE ROOMS in Ler due payments i-Duc payment according

FLOOR of the Building. No. 5, DODDELL STREET.

Apply WITHIN, Room No. 10, 1st Floor."

987

65

TO LET.

"ELL Furnished FLAT in TERGUNTER

from April 3rd.

WMANSIONS, for Eight or Nine Months

7. 2501

Apply to

HUMPHREYS ESTATE & FINANCE CO., LTD.

TO LET TODERN, Five-Roomad FURNISHED

Exp

M BUNGALOW ON PEAX for Six to

Seven Months, from 1st April.

to the terms of the contract."

Can you give any reason why the banks bere should buy sterling in London :--- Buying in sterling in London is part of the business of every bank.

course of business.

·

The defendant was represented by Mr. D. McCallum.

lone his utmost to adjust the matter in Hongkong. He could have done this without receiving authority from else

where.

Mr. Montargis was not cross-examined and the ease for the defence closed.

THE PLAINTIFF'S CASE.

Mr. Eldon Potter, EC., then opened his address by submitting that in law he

AB

had absolutely no case to answer. far as he could see, there was no dispute as to fact,"

It was therefore of paramount import anee as to what the law was regarding the three defences raised by Mr. Alabas

ter.

After citing the three defences outlined" by Mr. Alabaster. Mr. Potter went on to say that the defence contended that it was the duty of the plaintiffs by and through their City agents to give prompt notice of non-payment to the defendant as surety of the contract. From the way that point had been presented it meant

HONG KONG SCHOOLS.

ADDITIONAL TEACHERS.

The following appointments have just

Mr. H. G. Wallington, to Queen's College. Mr. Wallington was educated at Wellingborough School and Cambridge University, where he graduated, in 1993

He held a (3rd Class Natural Science Tripos), and and Football (Association). obtained his College Colours at Cricket. Commission during the War and served. in France, Germany and Mesopotamia Prior to leaving for Hongkong Mr.

Master Wallington was & Form Wellingborough School.

at

Miss G. M. Cotton, to the Victoria British School. Miss Cotton is a Train. ed Kindergarten Mistress and holds the Higher Froebel Certificate.

Miss B. Roberts, to the Kowloon Junior British School. Miss Roberta is a Trained and Certificated Mistres (Bangor Training College.)

THE FOUNDERING OF THE S.S. 'MARY HORLOCK. COURT OF ENQUIRY TO BE HELD.

A Court of Enquiry is to meet to-mor- row, the 14th inst., at the Harbour Office rounding the founding of the s.8. Mary to enquire into the circumstances sar- Horlock in the Pacife Ocean on January 26th, an account of which has already been reported in the Daily Press.

The members of the Court are:

Magistrate), President.

Lieut-Comdr. P. W. F. Henderson, R.N., Superintendent of the Chart Depét, H. AL Dockyard, Hongkong,

Mr. Montargis, Broker and formerly manager of the Banque Industrielie de Chine in Hongkong, was next called. He tid that he was manager of the Bank at the time involved in the present ense June 7tb to July 4th.

He was now au exchange broker in Hongkong, Ou the 7th June, 1921y as manager of the Banque Industrielle, he entered into a contract with the plaintiff bank to deliver the sum of £10.00 to their agents in London. that notice had to be given by the credi Lieut. Comdr. Conway Hake, R.N.R. The contract was made in the ordinary tor of default to the surety, but accord-Acting Harbour Master and Marine ing to the law it was the other way about. The Looks of the Banque Industrielle The law said that it was the surety's were produced in Court from the Official business and not the creditor's to see Receiver. The telegram book showed an that the debt, which the surety had guar- All the text books entry advising money (£10,000) to be paid to the Loudon, Joint. City and Midlardanteed, was paid. Bank on behalf of the Bank of East Asia bristled with cases which stated that it

sotice of default to the surety. This was on the 7th June. He next heard was not the duty of the creditor to give any reference to the contract on July 4th

"PULLING THEIR LEG."" when Mr. Mody came into the bank and

Continuing in the afteroon Mr. Potters. said the money had not been paid. He did not know it had not been paid, but mentioned that the plaintiffs' solicitors OUSES AND FLATS - European he thought he should have heard sooner had written once or twice to the defen- Hedant's solicitors for further particulars of Style-Nos. 13, WING ON BULLD. in the ordinary course of events. ING, NATHAN ROAD, Kowloon-Opposite Poexpected it to be paid within 48 hours. defence, HING THEATRE Rent-from $35 to 8115

As to the general, customs regarding tele Per Flat. 35 Extra for Flush Water Closet.

graphic transfers, it depended upon the Apply to

instructions issued by the Bank in Hong- kong to its agent in London. He did not Icnow definitely of any bank which had standing orders in such a case, but in the case of the Banque Industrielle there ware standing orders.

342]

Ho

Apply ... S. HAMPDEN ROSS, PANCY SMITH, SET & FLEMING,

ΤΟ LET.

THE WING ON CO., LTD.

PREPAID

WANTED

ADVERTISEMENTS

(340

Lettern urs lying at this Ofice for BecYL

Mr. Campbell Prosser: As regards the funds of the bank, were you in funds here until the end of June?

Witness: Certainly.

His Lordship: Perhaps they were pull- ing your leg.-(Laughter.)

Mr. Potter: We were trying to pull something, out of them but we could not get anything out of them--(Loud laugh ter.)

Captain A. J. Hailey, Commander of the .s. Empress of Australia.

Captain G. Byers, master of the 6.5. Chin Пlua.

Captain S. O. Mitford, master of the

Sui Sang-

¿

A MAN WITH A SWORD.

Tung Mai Yan, of 4, Wing Wo Street, was charged before Mr. G. N. Orme at the Magistracy yesterday with being in the unlawful possession of a military

olicer's sword.

Inspector MacDonald deposed to find- Mr. Potter went on to say that the defence said it was a mercantile customing the sword on defendant's premises in Hongkong for the creditor to inform during the course of a search. Defendant the surety of ren-payment. There had then claimed it as his property. been no evidence for defence bearing

out.

this

k

In court, defendant said he had re- cently come from Shanghai and had been His Lordsbip: That is the main point asked to forward the sword to Yunnan,

The Inspector, in accordance.with the Did you make any remittances after

Your agents in London did not know who instructions of the Captain Superinten the 7th June-Yes.

Witness said on June 10th a remittance Mr. Medy was never heard of him prob dent of Police, naked for a fine in this case. The C.S.P. was of the 'opinion that of £20,000 was despatched to London. bly. On June 13th £15,000 was remitted. On Mr. Potter: Yes; but Mr. Mody was this carrying of arms, etc., should be

stopped. This is not my PRIVATE BOARD R Jane 25th he remitted £10,000 and $7,000, the guarantee that the man in London

The Magistrate

a fine of $10. imposed Mr. Prosser: If you had been notified should pay his debts. that the money had not been paid what own idea of the law. I can give you many would you have done!

cases in support of the point. The fact that he does not give notice in no defence at all.

Day.

RESIDENCE-1,

[11

то LET-April, 1924, to January, 1995, on Lower Levels, Central Locality EIGHT ROOMED HOUSE, Fally Furnished, Apply LINETZAD & Tennis Court, etc. Davis, Alexandra Buildings,

NOTICE OF REMOVAL THE Offom of the "HONGKONG DAILY

T PRESS kave bean removed to 14, CHATER ROAD (3rd floor), to which Address All Correspondence should be directed.

Hongkong, 16th July, 1923,

Witness: I think after three years it is difficult to say what I would have done but if I had heard that it had not been Quoting, Mr. Potter said that a binding paid I don't see how I could have re agreement between the creditor and the principal debtor to give time to the latter fused to adjust tho matter here.

was distinguished from mere passive in- activity on the part of the

Mr. Campbell Prosser: Can you Bay when the telegram was rice on gearing you to suspend payment in Hongkong?

The witness replied that it was at 8.30

on July 1st.

B.

Questioned by his Lordship, Mr. Mor targis said that to safeguard the standing of his back in Hongkong he would-have (Continued at foot of next column.)

said Mr. Potter, "that our Lon don agent was wrong in not wiring car lier, but that is the highest at which it can be placed. Be did nothing, but mere passigs inactivity is not afficient."

The Court rose abortly afterwards, the case being adjourned.

MEN STABBED.

The Chinese carpenter of the se. Shau i Wan has been admitted to hospital suffering from stab wounds in the abdo- men inflicted another crew during a dispute over family affairs. A Chinese hawker of 142, Canton Band, has been admitted to the Government 2 stab Civil Hospital suffering from wound, said to have been inflicted by another Chinese at the Star Ferry Wharf goaturday.

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