1928-03-08 — Page 4

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THE HONG KONG DALY PRESS. THURSDAY, MARCH 8th, 1928.

THE INFANTS' MORTGAGE CASE.

ARGUMENTS CONCLUDE AND JUDGMENT RESERVED.

THE QUESTION OF A NEW TRIAL.

The appeal of two infants, Loo Kwong Lam and Loo Kwong Hin, against decision of Mr. Justice J. E. Wood in the matter of a mortgage of $400,000 on property inherited from their father, was concluded yesterday after a bearing of th days. The appeal was before the Full Court consisting of 8ir H. C..Gollan (Chief Justice), Sir Peter Gain and Mr. Justice J. B. Wood.

Counsel for the appellants were Mr. Eldon Potter, K., and Mr. H. G. Sheldon, while, Mr. F. C. Jenkin appeared for the res- pondents, the mortgagees Li Koon Chun and Kan Tong Po

Dameanour Of Witnesses.

CHINESE YMCA.

WHAT IT OWES TO MR.

J. L. MCPHERSON

FAREWELL DINNER GIVEN

BY DIRECTORS.

Among the farewalk events in honmir of Mr. J. L. McPherson, who left for England yesterday by the Empress of Rustka, was a dinner given by dm Board of Directora of the Chinese Y, ALC. A. last Satur- day night. The Vice-President Dr. Chau Wai Cheung, expressed ap Yesterday morning Mr. Potter in his reply maintained that there

preciation of the great, service was no evidence of any fraud on the part of the plaintifs, and not a vestige of evidence of express fraud which had been found against

given by Mr. MiPherson from his arrival in 1905 until the present the Infants in the original judgment,

day. Then the Chinese YMCA Mr. Potter, in opening his reply yesterday morning," said that he The judgment had made mention had no more than a hundred mem- would follow the lead of his learned of the demeanour of the plaintiffs bera; now it has more than 2,000. in the witness bar. But demeanouri Them it had no property. Now it friend, Mr. Jenkin, and deal first was of no use until it came to test has a Men's Bring and a Boys* with the position in law."" court ingths evidence on both sides. of equity would prevent a fraudulent When there was no contenry evi Building, wach well-equipped, a infant from reaping the advantage act us in this case, it was im recreation ground and a int possible to condemn a man's evi- recently purchased in Kowloon, of his fraud as far as possible, but dence on his demeanour. In the for a branch to be erected next restriction stops where payment unusual surroundings of the witness

box it was a very natural thing that year. Mr. MePherson, he said, had witnesses should feel constrained helped to secure all these properties and on their guard.

and ha consistently aimed to develop Chinese leadership in the organization.

COMINENCER.

The judgment in the court below in effect enforced the contract in the fullest possible way, by saying that the property could only be re- covered by the payment of prin cipal and interest in full. Mr. Potter commented that the plain tiffs did not require the assistance of any "tribunal to recover their

property on these conditions.

Forced Into Court,

The Release.

There was no evidence whatever that the release was ever in the office of Messrs. Hastings. Dennya

Responding, Mr. McPherson said that his periods of absence had been times of great material pro- greas in the Hong Kong Y.M.C.A. When he had this first furlough in 1911, the Student Building was

Bowley of February 10th; in fact the evidence was all against it as undoubtedly a covering letter would have been sent with it. Also, not a single witness speaks of the inter. pretation of the release. But there was no need for the plaintiffs to say that the release was not inter erected He returned just in time preted, for (even if it had bern,, for is opening. During his second The plaintiffs had been forced into signing was not an express repre- absence in 1917 the Men's Building court by reason of the very contract sentation. Mr. Petter pointed out in Bridges Street was put up. which the learned judge admitted that there was a big difference be

twren interpreting and explaining had been avoided. This was not a document: explanation, if it were question of the plaintiffs coming into court of their own volition; they had been forced into court to protect their own property. Mr. Potter submitted that logically there could be no distinction between the infant as plaintif and the infant as de-

fendant.

As for the suggestion of repre sentation by an agent, apart from the fact that it was ruled that this point was not open to Mr. Jenkin, in law it had never yet been decided that an infant was liable for the frand of an agent, and further: an infant was not in a position to ap- point an agent.

thought necessary, would come from Actually there was not one jot of the solicitor through the interpreter. evidence that either the release or the assignment was over interpreted, what becomes of the finding of fraud on the release. the, only re presentation against Hin, now that the representation, to Mr. Blake had been ruled onto

That too was opened on his return In 1923 while he was on leave the | construction of the European on and opened after his return. V.M.C.A. in, Kowloon was carried Now during his fourth absence from the Colony he hoped the Kow loon branch would be commenced to be completed next year

During all this period from 1905 to 1928, Mr. McPherson has been the senior of the honorary secre “If the signing of an uninterpret taries. He was preceded only by Ed document is fraud, then the un- W. J. Southam and C. C. Rutledge. fortunate infant is labelled as Later came FM. Mohler. F fraudulent more easily than the Rope, F. S. Cuckow, R. L. Mcelle

that in the judgment when we are During Mr. McPherson's absence, adult. -I' subunit," said Mr. Potter, A. E. Dome and J. H. Geldart. found guilty of express misrepre- his place will be taken by HA sentation on the release, there is Wilbur from Shanghai, who bas not a scintilla of evidence to sup been sent by the general organiza port it. I submit with very great tion at the request of the local Vendor's Lien.

confidence that there is no case for Board of Directors Alien, stated Mr. Potter, was a Hin to answer at all." common law right and must be the Case Of Lam. specifically pleaded; bub apart from that, & vendor's lien was entirely outside this case, there was no quee tion of vendor or of lien

In the mine period there have beem among the Chinese General The rematky about the release L. P. Wu, Jr. Ho Lei Son, Mr. Secretaries of the organization Dr. applied to Lam as well is to Hin. Hoh Shiv Lau, and the present but there were further points secretary Mr. Y. H. Tsan The against Lam, firstly, that it was fatter after graduation from stated verbally by Soong on his be Queen's College did Y.M.O.A. werk half and in his presence that he in Canton and in Yunnanfu. He was of age. Soong, however, was then continued his studies in. Yale to the trustees, and it was utterly not the agent of the plaintife, but University and in Oxford, retarre immaterial to the mortgagees how merely acting as interpreter, and ing last year to the post which their 4 lakhs were used by fem there was no evidence the lambe new occupies not agents in any shape or form first made this representation to

It was no part of the contract that these mortgagors should pay the actual proceeds of this mortgage

for the purchase of the property, Soong: Soong simply volunteered Health Week. which was the only way in which the information. Even admitting During this week the anana! they could get a vendor's lien, that Lam heard this statement, he Health Campaign of the V.M.C.A.

Knowledge Imputed.

had been managing his own property progress The Bridges St. Turning to the suggestion that the in Macao before this date, why Building is hung with a diminy signature imputed to the plaintifs should it be named that Lam knew of unique health charts depicting knowledge of the contents of the that Soong meant he was 21 years There are mightly lectures in the the causes of prevalent dizesses. deeds, Mr. Potter said that if this old by English reckoning when he was the case almost every infant said he was of age

Colony, Physical examinations are auditorium by physicians of the who signed a document would be Conflicting Evidence, given daily in the gymnasium and guilty of fraudulent misrepresenta It was significant that Mr. Li free vaccination being secured tion. Even in the question of adults, Hoon Chun: forgat entirely about by hundreds signature alone would make no case this incident, and only remembered for fraud Mr. Potter emphasised it a fortnight before the case ined toward the end of this month by very strongly that it was necessary a general conference. Without cast to prove express fraud ngainat an ing any reflections upon Mr Li Infant. He was perfectly willing to Counsel suggested that under such admit that the plaintiffs had a know circumstances it was easy to think ledge of the legal effects of the one remembered things which it documents, but not of the actual fact had bot occurred. Also the contents

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ST. JOHN'S CATHEDRAL

NOTES.“

850 IN DEBT

charge of $2

for the Cathedi

our 570 odd

on successiafly"

year, post free,

has been made" that advertisements to help to:

the campaign for membership and contributions, an annual event that is carried through with enthusiasm by an organization of twelve teams that make the work of the Y.M.C.A known throughout the Colony other mortgagee, Mr. Kan Tong Po Mr. McPherson has been, KaYüred Extent of Knowledge. had a different story to tell.Ac. of a warm welcome on his return Great play had been made as to cording to him, Li merely naked & at about the end of the year the plaintiffs knowing a great deal general question as to whether all about the transaction. Of course, the mortgagors were of age. they did; they knew all about the Boong's, Position.

However, there was no evidence scheme for settlement, but they did It has been argued that Spong that this alleged representation was not know all about the release and was only the friend and adviser of communicated to the defendants at the assignment. Lam's statement the brothers, and that the fact of all Leang is the only one who saw obviously gave the true position, the plaintiffs being declared infants it even if it occurred, and it has did not know about the release, but would have had no effect upon his no bearing on the ease. I submit I know that I should have no fur gains Actually the position was that there is no answer to that ther claim, and I should get no far, otherwise. Owing to his 10 per said Mr. Potter Leong must be more money from the trustees. cant commission his interest and wiped out of the picture. Cathedral Notes contains the felt that if we can avoid this

The currest mumber of St. John'ʼn cost of publication, but Was it seriously claimed that be his duty were in conflict, for if

Ulowing statement where part to cop cause their solicitors were writing the plaintifis had been declared 11 Leung were to disappear from the future of the Cathedral public Many people letters about these documents, they miners, their shares would never must therefore be known to boys have passed through Soong's hands, the case, there was no question of tione anced for theis advice and laymen but would have been directly invest new trial. The only interest in The Editor the Treagimes and that the best add als Of

Appearance of Youthed by the trustees, and Soong would him is that his evidence was accept the new Secretary Mr. 4. 5. Ab a regular fixed char The other brothers must have had have been the poorer by $16,000. ed by the trial judge to prove that bott, head a mating that mouth all who receive the knowledge that Hin at any rate Why did. Boong bring in Leung the deed of release was interpreted to pass judgment on the future of this was under age by English reckon to get his 5 per dent. 1. It was difför half an hour. But if Leung were then Notes The Treasurer Te We therefore propose ing, but obviously this consideration ficult to believe that he had only not to be blotted out he respectfully ports that under the present wys O was never-brought to their minds the brothers interests in mind submitted that he may have been ten we go steadily from bad to read that there was any disability of age. Boong was a man out to get a big deprived of most substantial mate wors financielly We are at the ing the Their one wish was that the whole reward and to see that his friend rial for criticising this very import moment one 180 in debt. The zipoon

ant witness in this case..

salvation at present from indo matter should be definitely settled, got a reward

As to the remarks of his learned solvency is tremendous whip and if it had occurred to them they The Chest Topplag friend Mr. Jenkin that he should round /

-donsticos would never have allowed a settle The incident when Lam, ie sup. have taken action immediately he

The Editor ment which could be upset in this posed to have tapped "chest and | Enow ofthe interview.“ Mo "Potter way Actually, an infant under no stated! I am of age, in spoken to said that he thought, Mr. Jenkin's the arcumstances could sign a release only by Leung the interpreter. communication was confidential, so. But it and discharge his trustees, Neither defendant speaks of the much so that he did not even indral uterin

"the plaintiff."-did-appear incident though both were present young and Koon

Cons of Leung's evidence had

the mortgagees, admitted that he much-discredited, but;

was frightened that

might not be of age.

tius credit were not, Boruča was to be wiped out, then

form M Sheldon Afterwards he who beceive 1 very decided that he could have done to content to pay

thing about it. The only thing to

for other dovif it were a mistake, in daw dong was to bring the matter to the only interen

his bounden duty to do more thân said he would have to counder sp tilbunal that could deal with it, may cont Fenbuirs Are they of age if he plication for a new

wanted to brand them with fraud. (Continued on et

which was the Court of Appeal

udgment was DOSErved

of making