1928-04-26 — Page 4

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THE HONG KONG DAILY PRESS, THURSDAY, APRIL 26th, 1928.

41

FATHER AND SONS WHO MORTGAGED HIS PROPERTY.

ALLEGED BLACK SHEEP OF THE FAMILY.

SERIOUS ALLEGATION OF FORGERY.

DEALINGS WITH AMERICAN FIRM AND BANK OF CANTON.

An interesting case was commenced yesterday at the Supreme Court before the Chief Justice, Sir Neary Gollan, when a father accused his two sons of having forged his name in their dealings with an American firm, Thomas W. Simmons & Co., Ltd...

According to Counsel for the plaintiff, the sons, who were des cribed as the villains of the piece," had forged away the whole of their father's property and in addition had put his name to a letter of guarantee to the Bank of Canton to the amount of $500,000. These two alleged black sheep were said to, have also given a letter of guarantee to the American firm, in their father's name, accepting liabilities to the extent of 0.8321,000,

The action was commenced in order to restrain the Bank of "Canton and Messrs. Thomas W. Simmons & Co., Ltd., from any interest in the property which the two sons had mortgaged in their father's name. The plaintiff (the father) alleged that the signatures on the documents were forged and that he had never authorised anyone to sign on his behali.

For the purpose of amalgamation, the two sons, whom Mr. Potter said were the villains of the piece, handed over a number of documents includ- ing the agreement to assign plain- tiff's property to the Simmons:& Co, and that these documents pur- ported to have been signed by the plaintif. Counsel säid that one had only

look at it to see that the to signature was an obvious forgery. The paragraphs had been squeezed in among many other attestations and, the signature was also writton upside down. The son, Fook Chung Yuen, witnessed the signature.

Only A Lunatic Would. Do That. Mr. Potter, continuing, said that by that assignment, the two sons were to get $23,000 worth of fully paid up shares in the amalgamated company, and he therefore suggest- ed that the sons had got hold of the father's property to finance the company. The sons bad not only given away $300.000 in property, but had also a guarantee to the Bank. of Canton, in their father's name. for five lakhs. Simmons & Co. in their turn mortgaged the property to the Bank of Canton. Mr. Potter anid that it was a palpable forgery, and that the plaintiff, a successful. business man, would not have been guarantee another five lakhs for 925,000 in shares Only a lunatic would do that," Mr. Potter added, beside there was another guarantee' Simmons Co. accepting liabilities to the amount G.8321,000. "I invite any representative from the Bank of Canton to go into the witness box and say that bo w the plaintiff signing the guarantee," said Mr. Potter.

The defendants in this action ao the Bank of Canton and Messrs. Thomas W. Simmons & Co., Ltd., who did not admit that the property was mortgaged without the knowledge of the plaintiff. The plaintiff, Fok Kam Chuen, say where and when such authori- alior Fok Kam Tsun, alias Foksation was given. The only concluso stupid to give away $300,000 and Kan Chun, was represented by sisa he could come to was that the Mr. Eldon Potter, K.C., and Mr. plea was £led without a single fact H. G. Sheldon, instructed by Messrs. to support it. Counsel added that Hastings,. Dennys & Bowley. The no doubt it had been done in the defendants, Meuses. Thomas W. hope that some evidence would come Simmons & Co., Ltd., and the Bank out to support it. of Canton, are being represented by Mr. C. G. Alabaster, R.C., and Mr. F. C. Jenkin, instructed by Messrs. Johnson, Stokes & Master.

A special jury was crapanelled consisting of Messrs.

P. Tester (foreman), R. Rodgers, P. W. Parker, J. O. Sheppard, J. E Taggart, Wong Kwong Tia and Wong Kam Fuk.

Statement of Claims.

|

Dishonest Man Would. Jump At It,

an interesting fact which came to In passing Mr. Potter mentioned

his knowledge only that morning. He said that Mr. Beariz, a respect- able resident in the Colony, and who

"There must be

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There Must Be a Silver Lining (That's Shining For Mo).

For Trot With Vocal Refrain WARING'S PHNSYLVANIRE. My Stormy Weather Pal-Walts With Vocal Refrain

JOHNNY JOHNSON AND HIS STATLER PEKNETLE

No. 21227, 10-inch

Ramona---Walts With Voesi Refrain Lonely Melody-Fax Trot

"

·PAUL WHITEMAN AND HIS Önersonnal No. 21214, 10-inch

Smile-Fox Trot With Vocal Chona

Away Down South In Heaven

Fox Trot With Vocal Befrain ·

No 21228, 10-Inch Black and Blue Blum With Ukulele and Piana Lickens With Piano

No. 21226, 10-lach

PAUL WHITEMAN AND HIS ORCHESTIA

THE VIRGINIAMH

Bungalow of Dreams From Midnight Till Dawn

No. 21230, 10-inch

THE DUNCAN SIarsag

Crescent To JOHNNY MARYDE

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New

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Original History Of The Case, Mr. Potter then took the jury back to the origin of the case. He said that the plaintiff was for many years the proprietor of the Fook Les Firm (not Fook Lee & Co.) at Nos. 2 and 4, Hillyer Street. Plain-. tiff sold the business, in 1993. The

had transacted much business for firm was dealing in hardware and the plaintiff, had been asked if he metals and was first established by could remember the plaintiff going to him to assign his property to plaintiff's father in the 'sixties or somebody else. Mr. Beavis recall- early seventies. The firm started in ed an incident when the plaintiff, a very small way and when the his two sons and Mr. Burdin bad plaintiff was about 27 or 98, his called at his office with reference to the assignment The plaintif father died and the business was there and then had refused to sign left to him,

it and went away. Later the two sons returned and told Mr. Boavis that their father had signed it. Mr. Potter said that this statement made by Mr. Beavis would have They would jump at it and say been welcome to any dishonest man.

Er kind permission of Lieut.-Col. Here, you are, Mr. Beavis said L. J. Comyn, C.M.G., D.S.O., and that I refused to sign, but the officers, the Band of the end plaintiff did not take advantage of Battalion of the Kag's Own Scottish this because being an old man of 65 years could not recalled himself Borderers will play at the 0.20 per formances in the Queen's Theatre the incident.

on Sunday, Monday and Tuesday

In his statement of claim, the plaintiff said that he was absolutely entitled to the three pieces of land, which had been mortgaged to the defendants by his sons, and for all the residue of the terms subsisting

A Succentul Business Man. therein under the Crown lenses. He

Plaintiff was a successful business further claimed that no interests man, Mr. Potter said, and during should pass to either of the defend the time he had had the business, ants by virtue of an indenture dated he was able to acquire much pro February 22nd, 1921, which purport-perty out of the profits. Plaintiff ed to be an assignment by himself bought property is the Colony amounting to about three lakhs and Signature A Forgery,

also became a co-proprietor in the Plaintiff further claimed that at Tung On Godown Company. The all material times he was the owner title deeds of these properties were

to Thomas W. Simmons & Co..

gery."

Cinton.

PLAINTIFF'S EVIDENCE.

CINEMA NEWS.

BAND OF KÖS.B. AT THE QUEEN'S.

At The Queen's To-day. George Sidney and J. Ferrel Mac- Donald, who appeared together in

4

MISS CHENG OF CHINA.

ENVOY TO EUROPE IN SHORT SKIRTS.

MISSION TO SIR AUSTEN.

MARSEILLES, April 1st." Mile. Soumsy Cheng, who is 33, and the first Chinese woman to be admitted to the French Bar, arrived at Marseilles on an official visit, as the representative of the Government of Nanking.

She is to make a tour of the capitals of Europe and discuss

Mile. Cheng, who studied at the

The plaintiff, an aged man of next, of the property and that the signa-kept in a safe at the Fook Lee eg and very deaf, was then called. ture purporting to be his was attach- Firm. Unfortunately this enabled He appeared to have a failing ed to the document without his his son, Fook Chung Yuen, to get memory and was not able to recall the dates of the various "incidenta knowledge and was therefore a for- hold of the deeds and raise a mort-connected with the case. He could

The Cohen's and Kellys," appcar Chinese affairs with the European gage on them with the Bank of not hear the interpreter, so His in a sequel-"The "Cohens and Governments.

Lordship directed him to be seated Kellys in Paris," which is showing outside the box and next to the interpreter.

In answer to Mr. Sheldon, wit ness corroborated Counsel's open- ing.

He said the reason why he and handed the management of the Fook Lee Firm to his son in 1919 was that he was deal and knew no English.

Plaintiff also stated that the de fendant, Thos. W. Bimmons & Co... mortgaged the property to the Bank' of Canton, without his knowledge, consent or authority, and under the circumstances the title deeds at these lands should be returned to biz,

Statement Of Defença.

Palerial Feelings, Continuing, Mr. Potter anid that the father was placed in a very delicate position. It was very hard for him to declare to the world that his son was a swindler and the only thing he could do, to avoid branding his son was to try to In their statement of defence, the settle with the Bank of Canton. defendants did not admit that the deeds were put through without the bad, therefore, offered 9135,000 knowledge of the plaintiff or that in cash to the Bank in settlement the signature was a forgery, They of the case. The Bank, however, further stated that the signature was attached with the plaintiff's con had asked for $135,000 together with a piece of property worth $20,000 Alternatively they claimed that making $150,000 in all the signature was at a later stago

Mr. Potter said that the jury and adopted by the plaintiff when he the Court would be surprised if ascertained the facts.

The defence further alleged that they know that the property was the plaintiff was a partner in the only mortgaged for $100,000 and Fook Lee Co., a concern organised even with interest payable thereon, by his two sons, and that the plain-would not amount to the sam de-

manded by the Bank

sent.

at the Queen's Theatre to-day. Borbonne (the University of The wives of these two fighters, who | Paria), and has visited Europe are really good friends, decide to four times, hopes to sec M. take sides to please their husbands. Poincaré, the French Premier, and Cohen and Kelly respond by trying Bir Austen Chamberlain. to outdo each other in generosity She dresses in the most fashion- Witness said that he had property to the wives. Kata Price and Vera able Western style, wears short in Des Voeux Road West and No, Gordon are again cast as Mrs. Kelly skirts, and has her hair bobbed.. 30, 4-2-4-6-8, Hillyer Street, also and Mrs. Cohen. Other members "I want to convince the Govern- belonged to him. In 1920 he mort- gaged a group of houses to the of the cast include Gertrude Astor ments of Europe," she said, "of International Banking Corporation as a French model, and Charles the real situation in China, which for $37,000 with which money be Delaney, and Sus Carol as the young is that the authority of the Non- guaranteed one of his sons as com-

extends Over adore to the Simmons Co. He couple who bear the brunt of the king Government later mortgaged the property to the parents' feud The story deals with sightcon provinces, whereas that of Asia Banking Corporation for a the dash of the squabbling partners Peking is exercised with difficulty similar amount to wipe off the

I contend... that mortgage with the International to Paris to prevent the marriage over only two.

of a Cohen to a Kelly and the Nanking is the real capital of climax is both funny and exciting. modern China."

Bank:

Mile, Cheng is going to Nice for a few days and afterwards to Paris and London,

On one occa

Witness first came to know that

Annie Landa" On Sunday: his property had been mortgaged

Lillian Gish has in Annie Laurie, ment that the Bank of Canton was when he saw from an advertise

tiff had authorised his two BODE,

going to sell it. He was very much which is coming to the Queen's on Fook Chung Yuen and Fook Tai Dealings With Simmons & Co.

surprised and at once consulted Sunday, a role different to any she Fut, to borrow money, upon the Reverting back to the affairs of with Mr. Davidson: As a result of security of the property. They also the Fook Lee Firm, Mr Potter this consultation a letter was sent has previously played. It is a stated that the plaintiff had been said that in 1916, plaintiff appointed to the Bank of Canton stopping the gorgeous production, with replicas producing company, negligent in looking after the title his son, Fook Chang Yuen, to take sale. That was in August, 1923. of famous Scottish castles, hundreds sion, 400 dockyard "maties Came deeds in respect to the property charge of the business and had given He at once tried to find his son under dispute. :

him a power of attorney. In 1920 Fook Chung Yuen but found he had of beard Scottish warriors, in kilts on the pay roll for all-night work at Portsmouth The film has been two other frms were started in the disappeared.

and tartans, fighting with claymores seen by the King and Queen and it MR. POTTER'S OPENING:

Calony: One of them was Thos, W.

Signature And Chop Alike. and shields; and a spectacular has aroused the greatest interest Mr. Potter's opening of the case Simmons & Co, and the other Fook

Witness was then shown many gathering of the clans at Maxwelton, wherever it has been shown. for the plaintif occupied the whole Lee & Co. Both had offices in.

At The Star." morning sitting. He said there was York Buildings, Fock Lee & Co. documents bearing his signature.

"Footloose Widows which comes no doubt that gross fraud had been being started by plaintiff's two sons He denied signing the documents Kerry plays the lending male rôle

to the Star Theatre to-day concerna practised by certain people, but heFook Chung Yuen and Fook Tat and said that he had never seen as Ian, chieftain of the MacDonald

them until his solicitor had shown clan, and Hobart Bosworth the the ambitions of two young manne was glad to say that there was no Fai

quin fappers who tire of the drab A scheine was drawn up for the them to him. Witness said that at historic Wall of Glencoe, suggestion that his client was a

one time he was treasurer to the

monotony of life, and borrow the party to such and.

two firms to be amalgamated, the Shun Tak Chamber of Commerce.

necessary dresses to posess wealthy Coming to the alleged negligence parties being plaintiff's two sons He had to sign many letters sq on the part of the plaintiff in his and Mr. Burdin, local manager of he made a chap. After he had

wide. Louise Fazenda and Jac- Car of the title deeds, Mr. Potter the Thes. W. Simmons & Co. They ceased to be a treasurer to that Battles of Coronel and the Falklanders, fill tas leading roles,th Jason queline Logan, both popular play said that he would submit at a later were supposed to float a limited institution, he kept his chop in a Islands will be screened at the Robards, a newcomer to the screen, stage that in law there was no liability company and the Simmons drawer in the Fook Lee Firm. The negligence and that, one could leave Co. was to take over the Fook Leo ous's title deeds anywhere one wish- & Co.

The Battles Of Coronel And The Falklands,

The famous British naval, The

signatures appearing in the docu- Queen's Theatre from Wednesday to as the hero buy ments were identical to chop. Saturday of Bext week. In the cur? The Big Fazade.S ed. If those deeds were stolen, the Fathers Only Part,

Witness said his property was making of this picture no fes er than Cinema-goers are reminded that owner was in no way responsible.

Mr. Potter went on to say that worth about 8900,000 eight years 38 ships were used, from the Superwing to the exceptional length of Filed Without Support, the plaintiff had no connection with ago, but just before the strike it Dreadnought Barham down to the firm, only three performances of a humble dockyard tug. Counting The Big Parade can be given Dealing with the defendants' Thomas W. Simmons & Co. what went up to about four lakhs clain

Mr. Jenkin cross-examined witness the crews of these and the dockyard daily, and these start promptly at that the signature Was ever. He was not a partner in authorised. Mr. Potter said that in that firm and the only transaction as to the date when he gave the hands at Portsmouth, Maita, etc: 2.30, 8.30 and 9.15 p.m.The Big their answer the defendants, could he had had with that company was power of attorney to his son, where between 38,000 and 40,000 men were Parado will be screened at the not say who gave the authority for to guarantee another son as com that son used to live and what had concerned in the production. Over World Theatre until Saturday, and the plaintiff's signature to be attach- pradore to that firm. In that become of him. The case was then 4,000 were actually employell by the it is a picture well worth seeing

Wontinued on next (alumn.) *** twice. ed to the documents, nor could they transaction, the father lost $37,000, adjourned.