1925-08-24 — Page 2

Page

JUST ARRIVED.

Kluborg Ry

A SHIPMENT OF

TUBORG BEER

Purveyors To

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doz pts........

.$20 duty paid.

4 doz..

qts..

$22 duty paid.

SOLE AGENTS (---.

Quborg

THE HONGKONG. DAILY PRESS MONDAY. AUGUST SITE, 1925

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PONY AUCTION DISPUTE.

TURF CLUB SECRETARY SUED.

An interesting case arising out of the sale by auction of a pony at the conclusion of the extra race meeting at Singapore in Jane came up in, the Civil District Court there on August 10th, before Mr. H. G. Sarwar, when Mr. A. Z. Alsagoff surd Mr. A. IL Todd for $200 damages for the alleged "wrongful sale of a pony.

Mr. A. V. L. Davies appeared for the plaintiff and Mr. H. B. Layton for the de- | Fence.

In opening the case, Mr. Davies state that wfter the racey on June 6th, the de- fendant conducted an auction sale of horses and ponies, and the pinintiff par. chased a pony for 8130, the defendant neting the auctioneer. The bidding went up to $150, which was the plain- tiff's bid, and the pony was knocked down, by the fall of the hammer, to the plaintiff for that sam, The plaintiff was well known to the defendant, at may rate by sight, because immediately after the fall of the banner he said to the plain

iL

CHINA" ASSOCIATION.

CABLE RECEIVED BY MR. M. F. KEY,

Delighted with your derision-con- gratulations from this branch," is the wording of neeable that Mr. M. F. Key, the Hon. Secretary of the newly formed Branch of the China Association has received from the Shanghai Branch,

Mr. Key volunteered to undertake the ical secretaryship purely in an honorary exparity, in order that the funds of the branch here could he left free for cabling expenses, which are expected to be very heavy,

Ta

It is therefore hoped that as many people as pessible will join the 'locat branch" so that Hongkong's views shall hot faily to be fully presented by reason of any lack of money.

*'"' GINKO". FROM CHINA. WHY LADY MILLICENT 'HÀWES."

CHANGED HER HOTEL.

Lady Millicent Hawes arrived on July. 22nd at the Blackstone Hotel, Chicago, with a satin-lined basket under her arm. he was signing her name in the register when a bark came from the basket.

Have you a dog with you, madam?" asked the manager.

Yes." replied Lady Millicent, he is a tiny Pekinese and gives no trouble."

** Tam sorry,” said the manager,

hut we do not allow pets in the hotel. You will have to fenve him in the room "nd- joining the luggage-room,''

Lady Millicent laid the pen aside and remarked," I sball have to go somewhere- frise then." She drove to another hotel, explaining the stepped from a the taxicab,Link has travelled all round the world with me. I got him in China."

Are your initials S. "The plaintiff replied "No, A. Z." whereupon the plaintiff. having no further interest in the mutter-the transaction being complete went, with some friends, to the bar, which, it was important to note, was within a few yards from where the auction took place. At the bar plaintiff and his friends ordered some drinks, hit before they, had actually been served somebody came along to the plaintiff and informeil him that his horsh had been put up again and sold, to someone else.

The plaintiff thereupon went to the defendant and asked hit for an explana tion, but failed to get any explanation at all except this: There seems to have been a disputed lid, so I put the pony up again. For sheer sapulence, counsel remarked, perhaps that would be almost unique even

Turf Club The auctioneer was the agent for both the purchaser and the vendor, the agent, upon the fall of the hammer, being the agent I. L. Irwin, representing a group of for both parties. What right had he to local capitalists, conferred on August 14th, put this pony up again without referrence with the Governor General of the Philip to his principal If there had been any pine Islands in regard to the purchase of genuine dispute at all--it was no: his the Cebu Portland Cement Company from client's or his witness's belief-why did not the defendant call Mr. Alsaqgoff ari any,This pony has gut to be put up again and i for." There were certain obvious inferences to be drawn in the ensĽ. Between the fall of the hammer, when this pony was knocked down to Mr. Alsagoff. and the alleged re-selling at $175. it could have been the last race of the day. The plaintiff ad- question of only a minute. The transacmitted in evidence that he thought he tion, if genuine, was rushed through with was bidding for Silap. If a person made unseemly haste, no doubt with the object bid for a specific article and another. of completing it before Mr. Alsagoff could. different, article was knocked down to get back."

him, there was no contract,

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the Government. A meeting of the com- pany's board of control was held next day, when'no decision was reached. Mr. Irwin's offer includes taking" over the oldigations of the compung, in addition to a cash payment,

Those sales, which took place on the THE SECRETARY'S REPLY.

Turf Club's premises, were private aus The plaintiff, not being able to get anytions and were not open to the public satisfactory explanation from the defend and only Club members were allowed to ant on the Race Course, feturned. The auctions were conducted by the home, and wrote a letter to the defendant Club Secretary and it had ulawys been the and addressed it to the Singapore Turf practice in the case of a dispute to put Club asking for the reason for the scend the animal up again. The plaintiff, to auition of Silap (the pony was Drusilla.rove his claim, had to prove that the but plaintiff thought it was Sitap? The property in the pony was vested in him Secretary of the Turf Club, in his reply at the time of the second sale. There stated that he presumed the plaintiff was no contract of sale" which way en referred to the puction of Drusills, and farceable in law because there was no hot Silap, which was not put up for contract in writing auction. Two bids of $150 were made for Drusilla, bus paly one, that of the plain tiff, was heard by the auctioneer owing to the noise prevailing at the time. The agent of L-COL C. W, C. Parr then in formed the auctioneer that he also bad bid $150 for Drusilla. According to the Mr. Davies said he presumed that Mr. well-known rules of auction, the aue Todil would be put into the witness box. tioneer Announced that, owing to a dispute proceeded to read the correspondence ed bid, the pony would he put up ugnineteen himself and Mr. Layton regarding at the last. Ind. This was done and the the discovery of ducuments. pony was and to Lt:-Col. Purr for $175

The plaintiff, in corroborating this state- ment in the witness-box, said he heard othing about the dispute and did not authorise the defendant to put up the pony again. He required the animal for his own use-for riding, and he had not His Honour said that Mr. Davies had

| been able to vistain a'suitable pony since, For the unbeyance and inconvenience to which he had been put, be thought 200 a reasonable claim.

Cross-examined, plaintiff said that the auction was held after the prize-giving, a little after 6 p.m.. when it was getting dark. In the refreshment room Mr. Harry Baker told him that the pony had been re-auctioned. He had a good view of the pony whilst it was being 'walked round, but he did not examine it before purchase, He did not know the name of the pony he bid for, but thought it was called Silap, which had won the last race that day. He had been racing for years, had attend cd the lotteries, and previous auctions, but he had never made a bid before. He un- derstood the method by which these anc tions were conducted.

QUESTION OF SALE CARD. Mr. Davies slid that there was a note of sale in existence.

-His. Hotar: You have got tó produce it in evidence.

His Honour pointed out that there wis nu wond in any of the letters requiring Mr. Layton to produce the sale card, hul only for Mr. Davies to see it.

Mr. Davies said he had not insported the sale enrd.

to tell the other side to produce it. He had not made any application to the Court for an order for this to be done. In this case the law was being fought for. Mr. Davies had not called for the evidence of the sale card,

Mr. Layton said that Mr. Davies had not taken advantage of his offer and had closed his case. Counsel did not see why he should prove Mr. Davies's case for him.

His Honour said he thought it would not be right for him to order the produc tion of this card. This cases was being fought on the law.

Mr. Davies: This case is being fought in the public interest.

His Honour: They are"fighting it un the question of law....

Mr. Davies: They have no merita, so they ty to get through on the law."

Mr. Otto Schroter gave evidence in auront llis Honour to order the prodac

Mr. Davies then made formal applies. port of plaintiff.

tiondoll the documents which were used the auction.

MR. LAYTON'S SUBMISSIONS, -*- Mr. Laytou submitted that even if the

His Honour said that there was the pony had passed and was re-sold there question of playing the game even in was no action known law, for damages | Court. It was too late for the Court to for the wrongful sale of another person's order the production of locuments. property. If the clain was for detention

for reversion, the claim must say so. He

JUDGMENT FOR DEFENDANT.

gathered that "the present claim meant His Honour said that he thought Mr. that the defendant sold the plaintiff's Todd was very wrong in selling the horse property and did it wrongfully. There without informing the plaintiff, but the WEA a cause of action of selling another plaintiff had not taken possession of the person's property and delivering it to animal and had not produced any memo- someone else, but if the property was tandum showing that the property Ind left where it was before there was no passed. There would be judgment for cause of action. Counsel submitted that the defendant, with half costs, it was not actionable for one to sell an Mr. Layton said he would like it to be other's property at all. There was no known, that if His Ilenour bad beard the contract, no, conseras: ad diem. There evidence of officials of the Turf Club, he was a well-known pony walled Drusilla thought His Honour would have been and a horse named Bildp, which won the satisfied that the Club had a perfectly

(Continued on next Columı). good ease on its meritz.

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