1927-02-08 — Page 4

K

Shoes for Men

The K idea of comfort is a shoe that clasps the heal and instep mangly. It leaves the toes free to move paturally as you walk. If your shoes do not give you this comfort try a jilus-fitting which has extra bat unseen toe room. For instance, a plus four fitting K shoë has pormal heol and ankle with extra but concealed room for the toes.

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NEW STOCK JUST RECEIVED IN ALL SIZES AND FITTINGS.

THE HONG KONG DAILY PRESS, TUESDAY, FEBRUARY 8th, 1927.

Mackintosh

MEN'S WEAR SPECIALISTS. ALEXANDRA' BUILDING.”

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DAIRY FARM NEWS.

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MITSUI BUSSAN KAISHA, LTD.

HONG KONG

THE TATTERED BANK-NOTE.

HONG KONG & SHANGHAI BANK'S APPEAL,

CHIEF JUSTICE AND PUISNE JUDGE DISAGREE.

CONSIDERATION OF FURTHER PROCEEDINGS.

The Word Alteration.” Continuing, His Lordship said: There is one consideration only on which the decision of this append must turn. It is the one point-on which the Appellants have chal. lenged the correctness of the judg ment of the Court below, This in the Interpretation of the word "alteration, ”” as used in Section 61 of Bills of Exchange: Ordinance, 1883, and also in the rule of the Common Law applied in the lead- ing cases. In the judgment here

Judgment was delivered at the Full Court yesterday in the appeal made by the Hong Kong and Shanghai Banking Cor." poration against the judgment of the Puians Judge in what has become known as the tattered bank note caac." It will be reappealed from I expressed my view membered that a Chinese woman presented a $500 note to the Bank for payment upon which the numbers and data were missing. The note had been left in the pocket of a jacket and had been washed, starched and ironed. The bank refused to pay and the WOMAN sued the bank. The Puisne Judge, before whom the case" was heard, found that the note had not been materially altered but was merely damaged. He considered it was not void and that the bank was liable to pay.

It was against this decision that the appeal was lodged. The appeal was heard before the Full Court, comprising the Chiet Justice, Sir Henry Gollan, and the Puisne, Judge, Mr. J. B. Wood. The Chief Justice found for the bank and considered their appeal should be allowed. The Puisar Judge upheld his previous decisipa and stated that, in his opinion, the appeal should be dismissed with costs.

According to the provisions of the Ordinance of 1912 the Puisne Judge's decision stands, but at the request of Bank's counsel, delay was granted for a fortnight in order that, the Bank might consider the advisibility of carrying the case further.

•

21. föllawa:-** Not......... overy change even in a material matter will con- stitute a material alteration. When the effect of an act or process_is | considered the pertinent question will bỏ "What is the instrument now 1. If the only fitting descrip tion is a portion of the original instrument, no. new character bas supervened. This instrument will not now operate in any new way which was aqt eontempleted when. it was made." This statement was intended to be in exhaustive illus. tration of what constitutes. a-mate- rial alteration, under the Comman Law. It still appears to me to be correctly made. Mr. Potter," for the Appellants, in the course of argument agreed with me that in none of the authorities in which a material alteration has been held to have occurred is an exception to this statement to be found. (2) The defendants further alleg- My judgment was right if into the le read from 13 typewritten foolsed that by reason of the oblitera meaning of the word alteration" cap sheets the Lord Chief Justicetion of the number it is not possible is imported the substitution of to identify the note and so they said: The principal question to cannot obtain from the Colonial one legal effect for another legal be decided in this case is whether, Government the sum of $500 de effect, or also on the extended ap

the issue of o the facts thereol, the note sued pesited in respect

the note and furthermore that they plication of the principle as exempli. upon has been raaterially altered will continue to be able to pay fied as "Suffell. The Bank of 3 as to be avoided by reason of a tax of one per cent. per annum England" (1882, 9.Q.B.D. page the disappearance of the number on the value of the note and that 655) one business effect for another. and date of the note which were on this position.

it is inequitable to place them in

it when it was issued by the de.. fendant bank.

Mr. Eldon Potter, E.C., has been appearing for the bank and Mr. E. Somerset Fitzroy for the Chinese woman.

JUDGMENT OF CHIEF

JUSTICE.

Delivering a long judgment, which

Mr. Potter, for the defendants, although submitting that it was not necessary to put it so high for the purposes of his case, argued that the manner of alteration was im material; and that if a materially

altered note is presented to the bank, payment can be lawfully and finally resisted on the ground that, by reason of its conditions, it has

number. I see no evidence of any such limitation of the bank's liability on this case, either express ed or implied.

Scraps and Bits.

I am not satisfied that the absence

business effect. In either casa -& In nes clect for an old effect. other words, it is right if the word of the number renders it impossible" alteration" connotes something than what is merely for them to obtain repayment frem more the Colonial Government in view mechanical, and is, concerned also of the fact that the note is a with the operative consequences of e mechanical process... Otherwise genuine one...

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HONG KONG HORTICUL TURAL SOCIETY.

ANNUAL REPORT,

The 91st annual report of the Hong Kong Horticultural Society, It was also argued that no effec. the judgment cannot be supported which will be presented to "the The idea of substitution in meeting of the Society this (Tues- tive idamaity could be given by the plaintiff to protect the defendant material alteration, which I have day afternoon, makes an appeal bank from having to pay a second seed and on which I rely, is for more generous support from time on the note. In my opinion to be derived not from the word those who are in any way interest- material," but from the word ed in horticulture, The ordinary no question of indemnity arises on

**alteration.", It is in connection are certain respects in the facts: The missing portions of

membership of the Society now which the facts in the present case the note consist of scraps of paper ambiguity in section 61 of Bills of

with the latter word that stands at 162 as against 231, mem- differ from those in Suffell . the containing portions of the number Bank of England"--

and date and a few bits of the body Exchange Ordinance, 1885, arises. of the note.

His Lordship then quoted at

become void.

Tacre

(1.) The defendant bank's notes are not legal tender nor is the bank compellable at law to issue their

hers for the year 1995 and 272 men. hers for the year 1924. The sub-

entitles a member to two scription is $5 per annum which

HEALTH OF EASTERN

PORTS.

BULLETIN FOR WEEK ENDING JANUARY 20TH.

Plague,

casa at Mauritius.

5 cases at Rangoon. I casa at Colombo.

1 case at Sourabaya.

Oholera,

19 cases at Calcutta.

1 case at Negapatum

-1 case at Rangoon.

1 case at Bangkok.

Bmall-pox.

10 cases at Bombay. 38 cases at Calcutta. 17 cases at Madras,

4 cases at Rangoon.

frec

4 cases at uticorin.

8"enses at Vizagapatam.

I do not see how it can be said length various Acts and Laws bear notes as against" bullion as is the that such scraps and bits constitute ing on the subject of" material tickets of admission to the annual

note which the bank could under alteration, and also referred to any circumstances be called upon to various actions and judgments given

case with respect to the Bank of

England.

pay. 1

4.

(2.) The alternation in the pre- sent case was not purposely or

In my opinion this appeal should in them, with regard to the inato Iraudulently made, but was due to

be allowed and the judgment of rial alteration of the business effect the negligence of the plaintiff, asr. Justice Wood reversed. As for of an instrument. found by the Judge at the trial and costs I think they are entitled to pot questioned by her "Counsel on costs of this appeal and in the Court Appeal

below to

(3.) In Suffell's case the notes re mained in circulation after the fraudulent alteration, masquerading a notes other than those which had been issued by the Bank of Eng- and still pretending to the legal tender and to form part of the cur rency. In the present case the note sued on could not have continued to be used as currency after the treatment it had received from the plaintiff, and no attempt was in fact made to continue to use it as currency.

A Material Alteration.

CCD-

JUDGMENT OF PUISNE JUDGE.

Valid. Note, Concluding his judgment, Fis Lordship said-If it is the right view of the law that a change of effect is a requisito in an alteration, Mr. Justice Wood said:- I still think that no alteration has I am of the opinion that this occurred to the bank note in this appeal must be dismissed. It is case, and it is here that I distin- with great respect and not without guish the present case from the lfidence that I differ from my brother's judgment which I have case of Buffell. The Bank of

England."? had the advantage of reading."..

flower show.

Referring to last year's show the report, which is signed by Mr. E. B. C. Hornell, the hon, secretary, Bays:-

5 casca at Bangkok.

17 cases at Vladivostock.

Mr. Ho Kom Tong again exhibit- ed a splendid show of Vegetables) ".. The annual show of flowers and grown from seeds of Messrs. Sutton regetables, was held at the Hong Kong Volunteer Defence Corps Son, also a brilliant display of Headquarters on Thursday, March Sweet Peas, grown from seed sup- 11th, 1920, and in spite of the plied by Messrs. Yates & Co., in very trying times residents passed through during the Strike of 1925; addition to which there was an ex which in many cases necessitated gellent display of Begonias exhibit the running of houses and gardensed by the Hong Kong Botanical without any servants or gardeners for many months, the Show was Gardens, all of which were greatly undoubtedly success and fully admired justified the Committee's decision

Since their list report the Com- to have Flower Show as mittee have to record with the deepest regret the deaths of the

I agree that the cases: decided The halving of bank notes, a prac-usual under the Common Law may be tice recommended as expedient " approached only where an ambiguity

93

2

Although the total number yot

is apparent in the words of Section in a text book of the year 1940 entries was naturally considerably Hon. Mr. P. H. Holyoak, Sir Paul On the facts of the case 1 hold of the Bills of Exchange Ordin. (Chitty and Hulme Bills of Ex-smaller than for the previous year, Chater and Mr. Ho Fook. Sir Paul 1885 (Ordianace No. 3 of change, 1840 edition, page 259). is the number of exhibitors was only Chater and Mr. Lo Fook were both that on the authority of Suffellance,

3 less than for the Flower Show in the Bank of England there has 1995). My judgment in the Court been an alteration in the business below should be revised to include not an exception to the rule in 1998 and the general standard of life members of the Society and in "Pigot's cuse." It illustrates the the exhibits was well up to average. addition to being large contributors affect of the note in question instatement to this effect. this case, and that this

A new feature of the Show was to the fmda, were amongst the most Two ambiguities, which concern fact that, so long as a document stitutes 起 material alteration, the case appear in Section 61. The does not purport to be anything a cup presented by Mr. J. Accessful exhibitors at Flower Had the obliteration of the number first ambiguity relates to the acts but what it was in its original state, Plummer, called the Amateur Shows for many years past.

Mr. Ho Fook was present at the and date, been due to an accident gr. proccases which by alteration it remains in law unaltered and Cap for the best exhibit of pot

The Lords decision in plants in any of the Open or Peak last Flower Show and secured the and had there been no negligence may lead to the avoidance of the valid. shown by the plaintiff I should have bill. The second is inherent in the Davidson . Copper (supra) by classes by members who had not Challenge Cup for Pinuts in Pots beld that Davidson v. Cooper "word "alteration itself.

which the holder of an instrument exhibited before or had never won a open to all for the fifth year in did not constrain me to hold the,{ The discussion whether human

is declared responsible for preserv prize at any Flower Show in Hong succession, a striking testimony to note void; as it is the negligence agency is necessary to an avoiding ing it in its original state appears Kong. This was won by Mr. L. 6. his skill as a gardener and his zeal of the plaintiff, as found by the alteration is in the consideration cas, harsh when his duty is seen Grecubill with 3 pots of Phlox as a horticulturist learned Judge in the Court below of this appeal merely academic. to be to preserve it from alteration Drummondi from his garden on the His Excellency:Sir Cecil-Clémenti, K.C.M.G., and Lady Clementi visit- and not questioned on the Appeal, Human agency is in fact one of the and not from every kind of damage Peak

The number of entries received | ed the Show in the afternoon and brings this case within the decision features here present. I bave, also, The purity" of a document is of Davidson . Cooper and I must accepted the contention of the not relative to its contents but to for the Amateur Cup was disap- evinced much interest in the dis decide against the plaintiff.

izs purpose and effects. In this pointing but in view of the disturb play. Appelinats on this point with reser-

case the number of the note has conditions which existed prior The Band of the East Surrey There is certainly authority for vation,

not been altered, because the note to the Show, Mr. Plummer has Regiment played an excellent Selec the view stated, by Mr. Justice

His Lordship then went on to does not now purpose to speak with kindly promised to present Another tion of Music throughout the after- Wood that for an alteration to be deal with the suggestion that bas new number. The date also has up to be competed for under the noon and Lady Clementi very kindly material it must be shown that the been made that the language of not heen altered, because the same conditions as last year and it distributed the prizes at the close. instrument-produced is not the same the section itself implied a limita erasure of the date has not caused is posible that another member of the exhibition, instrument as that executed and tion of its neops of human agency it to speak from a new date. of the Committoo may offer an The Committee desires to express issued by the defendant bank; and After dealing with the provisions of For this reason it seems to me Amateur Cup for Vegetables on that as, in the prescat case, the this section, and his interpretation that the bank note in question is similar Enes to that presented by and Officers for the uas of the note sued on has not been altered of it, His Lordship said, that the still valid, and that this appeal Mr. Plummer. so as to become a different note question whether human agency is must be dismissed with coste

Volunteer Hondquarters and parade

a new guise, it has not been avoid

ed

of

+

its thanks" to Lieut.-Colonel Bird-

From amongst the special "ex ground for the Show, also to the

and is not masquerading as part necessary to a material alteration The Chief Justice: According to hibits the usual wonderful display Captain Superintendent of Police, of the currency of the Colony in of an instrument has never been the, provisions of the Ordinance of of Roses by Mr. Nicholson was miss the Superintendent of the Botanical

raised and decided, so far as antho 1919, the appeal does stand to be rities have been noticed in this dismissed. A

Mr. Eldon Potter: I will ask appeal, with reference to a bill exchange

your Lordship to grant a stay for a fortnight, pending the decision of the Bank as to whether they will appeal.

This concluded the proceedings.

There were other defencen raised by the defendants, to which I will shortly refers

Hir Lordship' said that he did not (1) They contended that their desire to amend on the point of Hability is only to pay the face human agency his judgment in the value of a note bearing a specife, Court below.

ing and much sympathy will be felt Gardens, Mr. L. Gibbe and to all with that exhibitor for the mis those ladies and gentlemen who fortunes that overtook his plants, rendered valuable assistance in necessitating the replacement of various capacities as well as to the practically all his rose trees with Judges and censors and to all whe kindly contributed towards the Prize Fund.

new importations.

(Continuch on nezt Column),