THE HONGKONG DAILY PRESS. MONDAY. SEPTEMBER 28TH, 1925
3, Queen's Buldings.
THE UNITED ASBESTOS
ORIENTAL
AGENCY, LTD.
Tel, Central 336.
SOLE AGENTS FOR
BELL'S UNITED ASBESTOS CO. LTD.. MANUFACTURERS OF...
"Vlotor Metallic," "Dagger,"
"Quadruple" and
"Reefer" Packings.
Bell's Asbestos Compositions.
"Salamander” Engine & Cylinder Olls
"Salamanderite Jointing."
JAEGER SILK and WOOL UNDERWEAR
AT ATTRACTIVE PRICES.
This week we are offering a range of Jaeger Silk and Wool Underwear, in a few sizes, at specially "reduced prices."
VESTS with short sleeves and TRUNK DRAWERS in cream colour only, very soft and cosy to wear, thin yet chill- proof and warranted unshrinkable. The original value of this quality was $12.50 a garment.
THIS WEEK'S PRICES:
Vests or Drawers
$7.00 each.
Three Garments for $20.00.
MACKINTOSH & Co., Ltd.
MEN'S WEAR SPECIALISTS. Alexandra Building, Des Vœux Road.
DAIRY
WILLINGLY SENT ON APPROVAL
*PHONE 0. 29.
FARM NEWS.
CREDIT SALES,
We are pleased to announce that Credit Sales will be re. sumed at the Company's Depot and Branches froni 187 OCTOBER.
FRENCH FIRM'S CLAIM.
INTERESTING LEGAL POINT IN SHANGHAI BRITISH COURT.
FRENCH FIRMS AGENT.
A firm of manufacturers in France wishes to recover a debt from a British firm established in Shanghai The French Avm instructs a French lawyer in Shang. hai to collect the debt: The French law-
"MEETING 'OF MINDS."
INTERESTING JUDGMENT IN - U.S. COURT, SHANGHAI,
Judgment has been given by Judge M. D. Purdy, in the United States Court for China, in the case of Patrick R. Murray, of the Murray Packing Company. E H. Himrod. ..
His Honour said:
Messrs Fleming, Allman and Worthing- ton appeared for the plaintiff and Messrs. yer passes the matter to a firm of British Schuhl and Schoenfield for the defendant, lawyers, who obtain a hearing in tho British Supreme Court, The case is heard. The defendant firm admits the debt Then the query in raised: How far has the British lawyer to satisfy the Court that the French lawyer is empowered to act for the French firm'!”
The point was argued in the British Supreme Court, Shanghai, on September 21st, before Mr. G. W. King, O.BE, acting Judge, when Les Grandes Dis- tilleries (E Cusenier Fils et Cic.) and Prunier et Cie., two wine manufacturing concerns registered in France sued Garner, Queich Co., Ltd., wholesale wine and spirit merchants, of Shanghai, for sums of Fr. 55,001:30 and £1,180 139. 8d. respectively.
Mr. Tycho Wing (esses. Ellis & Hays) appeared for plaintiffs, whilst Mr. | L. G. Graham-Taylor, a director of Garner, Quelch & Co., Ltd., represented
defendants
Mr. Graham-Taylor said that the claims were admitted, but asked for an adjourn ment. He stated that his company pro- posed to go into voluntary liquidation, and if his Lordship delivered judgment against them now, it would' put plaintiffs in the position of preferential creditors. *
His Lordship said that this poict did not concern the Court. It was a question to be dealt with by the liquidator if and when appointed. "The company had not yet liquidated; it was only considering the
This is a suit for an accounting against defendant, who, as sales agent of the plaintiff, was to receive commissions amounting 10,493 per cent of the net proñts accruing from an egg packing busi- cess which was carried on by the plaintiff. Defendant claims that in addition to bis share of 4 per cent. of the net profits, he was employed at a salary of Tis. 1,200 per month, which was guaranteed to him by the plaintiff, or that his 491 per cent. of the net profits was guaranteed to be not less than Tls. 1,500 per month. This claim of the defendant for salary has been rojected by the referee, for the reason that he was unable to find from the evidence that any contract to that effect was ever made and entered into by the Parties. I have examined the evidence bearing upon this point, and approve the findings ad conclusions reached by the referee with respect thereto.
The plaintiff has filed several "excep tiens" to the findings and report of the referee, but in my judgment none of them are deserving of serious consideration, except the one in which exception is taken to the allowance of Tls 3,750 and interest, thereon, as compensation to the dolendant for services rendered the plaintiff under an alleged implied contract, at the rate of Tls. 500 per month for 11 months. It will be observed that the defendant has not made any claim that there was a contract between him and the plain. tiff, either express or implied, whereby the plaintiff was obliged to pay the de fendant Tla. 500 per month un reasonable compensation for his service, and the plaintiff certainly does not admit that such a contract ever existed. Of course, if the defendant cannot be allowed a 1.200 per month, because no contract,
KAIPING HOUSEHOLD COAL
In Lots of nat
how than
ton:- Delivered to Peak Distrist (abore Bowen Boad), $26.00
por 10.
Delivered to Bowen Road and Lower Lovels,824.00 per ton. Delivered to
Kowloon,
$22.00 par ton
Orders shankl be sent
In writing nod
by talepkose
at inest.....24 hours, before the Coal is required.
All orders maat be 20- companied by Cash, Cheque, от Сорти dare Order payable
ta
"The Kallan
Mining Ad- 'ministration,!
THE KAILAN MINING ADMINISTRATION,
Head Office-TIENTSIN.
DOBWELL & CO., LTD., Agetits, Hongkong.
SENHOR J. A. DE BIANCHI,
NEW PORTUGUESE MINISTER
LANDS IN CHINA.
Senhor Joao A. de Bianchi, the bew
THE MAILS.
[as
HEAVY WEEK-END INFLUX.
There was a heavy influx of mails in the Colony over the weekend, and the sorting staff at the G.P.O. were very busily engaged yesterday morning deal-
Portuguese Minister to China, arrived in Shanghai on September 21st. Senhor de Bianchi, before leaving London, where being with them. was "en poste" held several conversations The first batch to arrive was by the with the Foreign Office and made it a an Linan late on Saturday. This vessel point to came through the United States brought the Europe vid Siberis mail and Japan where he conferved with Baron (letters, London," September 4th), and Shidehard in order to get acquainted with Shanghai mail. The total number of the present situation. After conversa bags came to 163, of which only seven tions in Shanghai he will proceed at an bags were from the United Kingdom." early date to Peking.
Yesterday morning three other reasole carrying mail for Hongkong catered port.
F
}
The Portuguese Consul-General, high Chinese officials and members of the Portuguese colony were present at the jetty to bid him welcome."
Senhor de Bianchi held together with his position at the Portuguese Embassy in London, that of Portuguese Treasury Delegate and has been associated with
A
The s.5. dwa Mame brought tha Europe vid Nogapatam mail (letters and papers, bags, of which 101 were from the United London, August, 27th.).The total-was 173
Kingdom.
17
L
The sa. Taiyo Maru came in from the North with 39 bags of Japan and Shang- hai mail and the ss. Taiyuan arrived
matter. Jodgment would be given for † either express or implied, to that effect the Poace Conference, Dawes Conference with 21 bags of Australian and Manila
plaintifs for the amount, with costs.
Mr. Wing thereupon explained that the second case was exactly similar to the
first
QUESTION OF JUDISDICTION. His Lordship thereupon asked whether the French firms wore within the, juris diction of the British Court.
New Pass Books are now ready and thay be had "on application. As separate books for the Butchery and Dairy.. Departments are henceforth to be used Customers dealing with Counsel replied that he presumed so. both Departments are requested to apply for two books.
All applications to be made on the form provided at the end of the pass book and the old book or books returned to the Company.
No goods will be supplied "on credit" against old pass books after the 1st October.
ICE PRICES.
From 1ST OCTOBER the retail price of Ice at our Peak and Hung Hom Branches will be reduced to 14 cents per lb. THE DAIRY FARM, ICE & COLD STORAGE Co., Ltd
WHITEAWAY'S
0
PURE WOOL WITNEY BLANKETS.
NEW SEASON'S SHIPMENTS JUST ARRIVED.
REAL BIEZEL PJCZKEEM
SPARK PA
SINGLE BED SIZES AT $18.95, 19.75, 23.50, 29.50 & 52.50 PATR DOUBLE BED SIZES AT $29.50, 835.50, 39.50 & 79.50 PATE. CUT BLANKETS
89.95 PAM.
FIRST FLOOR SHOWROOMS
WHITEAWAY, LAIDLAW & Co., Ltd.
Ilis" Lordship-How'do you know he their agent? I want to see the Fower of Attorney for him to act for them.
existed in the judgment of the referee, and various missions ርዓት defendant would no doubt be willing to Colonial matters. accept reasonable compensation for his services, upon the theory that there was an implied contract on the part of the plaintiff to pay him whatever was fair, coming conference. Just and equitable for his services.
· 73
It is the law, however, that an implied contract must be founded upon something more tangible than that which a Court or referes may conclude to be just and equitable. An implied contract contem plates that there was a meeting of the He had been instructed by a French law-minds of the parties to the same extent yor who was the agent in Shanghai for as in an express contract. The Court cannot make a contract for the parties the firms in question...
It can only determine from the facts in each particular case whether contract, either express or implied, exist ed between the parties. It might be entirely equitable and just, in that no profits were realized from the business venture, for the plaintiff to pay the de- fondant compensation for his services, and et the rate found by the referee, to wit. Tis. 500 per month, but unless such an arrangement was the implied agreement or contract between the plain tiff and the defendant, as gathered from the evidence in the case, the Court is without power to make such a contract for them.
Counsel-I-have all the documents here and my colleague-has-furnished me with instructions to prossed with the cases. I did not expect this point to arise. It has never arisen before.
Mr. Graham-Taylor suggested that the case should be adjourned until Mr. Wing produced proof of the French lawyer's power to act for plaintifis, A
Counsel-1 am relying upon the writ and upon the admission that the money is owed.
His Lordship-I am asking you, Mr. Wing, if the rench lawyer ( du Pac de Marsoulies) comes within the juris diction of this Court a representative of these two firme. This is a point of British law and has nothing to do with whatever documents you may have.
Counsel-It is tot my business to en quire as to the relations between French friend and his clients.
THREAT TO RAISE JUDGMENT. His Lordship--If you do not answer my question-yes or no-I shall adjourn this case and raise the judgment on the first one i
Counsel I submit that you cannot raise the first judgment:
It is quite clear to my mind, that be fore a referee, Court or jury would be justified in allowing the defendant reasonable compensation for his services, it would be necessary to find from the evidence that a contract to that effect could be implied from the acts of the parties, that is to say, that there had been a meeting of minds, and that it was mutually understood between the plain it and the defendant that the defend aut. should receive reasonable compensa Lion for his services in the performance of the work which, he was to perform under his selling agency. Now it is not claimed by the defendant that any such contract existed between him and the plaintiff, for the defendant claims that the bad an exprés contract quaranteeing His Lordship-Oh! It has been done! him not less than Tis. 1,200 per month, I am asking you a simple question-has which is an entirely different thing from the French lawyer authority to represent an implied contract for reasonable com the two firms as an agent? I am willing pensation. And plaintiff claims that to take your word. You know you are there was no contract of any sort for not compelled to go into the witness box.services, either express or implied, and Counsel All I can tell your Lordship that defendant's sole compensation was is that be has instructions. If your Lord to be 19 per cent of the net profits. The ship is able to draw the inference, I referee, however, has proceeded upon the cannot attempt to do it for you. There sumption that because defendant per is the prima facie evidence on my side, formed important and valuable services and in the absence of evidence on the for the plaintif, it should be implied. other side, I contend that my position is that plaintiff agreed to pay for such ser vices at their fair and reasonabls`value....... established...
„Plaintiffs 6th exception is thereforo. sustained, on the ground that the eri hisdence does, not warrant a finding that an implied contract to pay defendant for his services oxisted. between the parties Euch and all of the other exceptains of plaintiff are severally overruled and dis allowed.
AMOUNT OF DOUBT,
In the course of the agrument, Lordship referred to certain rules of court procedure and eventually stated that he would give judgment for plaintiffs in the second caso se in the first
"I give this decision with a certain amount of doubt," added His Lordship. It is therefore ordered and adjudged, "The prima facie evidence as to the that plaintiff have and recover judgment position of these two French firms could against the defendant for the sum of be displaced if it were shown that neither Tx 6,031.89, together with interest there of them was under the jurisdiction of on at the rate of 8 per cent. per annum this Court.??
from the 15th day of April, 1024, until Judgment was thereupon, ntered, for the 17th day of September, 1995, together the plaintiffs with costs.
with the costs of this suit.
Portuguese
mail..
Today the as President Polk and the as. Tilama are due from Shanghai and
He expresses a keen interest in his new post and the developments of the forth-Japan respectively with mail. To-morrow the ss. D'Arlagaan should arrive from Saigon, on her maiden voyage to the Far East, with letters The as. „Prezident Jackson is due on October 3rd with Canadian, C.S.A., Japan and Shanghai letters and papers
·HONGKONG'S FINANCES. FIGURES UP TO END OF JUNE.
The financial position of the Colony up to the end of June last is now revealed in a statement which appears in the Government Gazette. This shows that the credit balance on June 30th was $10,210,211, compared with 811,310,769 at the end of May
The total revenue for June month was
$1,643,722 (compared with $2,108,441 for the same month last year), whilst the expenditure was 82,950,280 (compared with 31,818,885 laat year). The estimated ictal revenue for the year 1923 is given at $21,812,700, and at the end of the half-year the amount actually obtained was $10,004,527, this comparing with 813,171,560 for the same period in 1924. The biggest decrease in revenue for the six months, compared with last year, is, in respect for licences and internal revenue, which show a drop of more than a million dollars. band sales for the half-year produced 8410,309, as against 81,593,439 in 1994.
کو
The estimated expenditure for the whole of 1925 is put at $30,463,611, and up to the end of June there had been spent a sum of $13,502,165, compared with 810,040,530 for the first half of 1924. On Fear's estimate of 83,187,200, there was spent on Public Works Extraordinary up to the end of June 84,078,150, this, com- Daring with 81,982,757 for the same period last year. There were also in- creases under several other heads, whilst new item of over a quarter of a million dollars is shown in respect of Port Works Extraordinary.
KALGAN MOTOR TAXES.
FOREIGN" AND CHINESE FIRMS TO PAY EQUALLY.
* According to reporta from Kalgan, the Foreign Commissioner has notified the Japanese, American and Russian Consuls that foreigners who rut motor-car com panies between Kalgan and Urga are re- quired to pay equal taxes with the Chinese owners without discrimination, states the Asiatic News Service,
In the despatch, the commissioner says that Kalgan is a trading port opened to foreign and native residence and com- merce by order of the late Président Yuan Shih Kai and it is not a treaty nort, so that the subjects of foreign Powers are not entitled to enjoy special privileges granted to them through the operation of thour unequal treaties.
Hence, commencing from October 1st, 1925, taxes will be levied from both for sign and native motor-car companies for defraging municipal expenses, and the Chinese authorities have beya empayered to adopt adequate measures to enforce the regulations.
7
CANTON SOLDIERY. SCALE OF PAY FOR VARIOUS RANKS,
According to the Canion Gasstic the following are the monthly rates of pay
of the various ranks in the Canton
Military Council:- military forces, recently approved by the
General Lieutenant-general Major-general Colonel
800
800
300
Lieutenant-Colonel Major.... Captain. Lieutenant-
-180
90
66
Second Lieutenant
Military Cadet
Higher Officer
20
Second Officer
16
2
Non-commissioned Officer
14
Lance Corporal
10
Private
10
10
10
1st clasa secretary
200
2nd class
240
'oïd-class
180
DO
Mafoo Cook
Ist elajar clerk 2nd class 3rd class
MESSAGERIES MARITIMES. LARGER VESSELS FOR EASTERN: SERVICE.
The Artagnau, & twin screw sleamer built at "Bordenar for the Memageries Maritimes, and-Launched in April, 1024,, is expected: from Marseilles to-morrow. The vessel, which was ready for service in July, 1926, and loft Mar- seilles on the 28th August, is to take the plats of one of the small, boats of the pintay on the Chinn-Japan service.
The Messageries Marítimes have at pre- sent on this service eight vesels-fire Jarge and three small-and now with the arrival of the D'Artagnan, one of the latter vessels will be withdrawn.
Later the Company intends to weplace the remaining two small remain by the se Athos II. and the sa drums, so that ultimately the service will comprise sigiri. steamers of the large type.
Artag"
The details of the new vessel mu are as follow:-Length, 545 fost breadth, 88 feet, depth, 40 feet, displace mint, 20,000 tons, horsepower 10,000; speed, 16 knote; burning fuel oil.
There will be accommodation for 188 1st class passengers, 152 2nd else, and 102 3rd claas
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