1929-12-12 — Page 4

J.

Correct Hat Styles

SCOTT'S

HEATH'S

The adaptable brim soft felt hat that is so popular with both young and old. In light, medium and dark grey, and the newest shades of lawn and brown.

$15.00, $16.50, $17.50

The "HOMBURG"-a conservative soft felt hat with set bound brim, the binding toning with or in contrast to the hat. In many new shades of grey, fawn and brown.

$16.50, $17.50, $25.00

ALL PRICES SUBJECT TO 10

DISCOUNT FOR CASH.

Mackintosh's

"

"Horlicks is always served when MALTED MILK is asked for", says the management of Lane Craw- ford's Cafe-"We keep no other."

This we may say is general among- st all high-class caterers, who pride themselves upon serving "THE BEST, NOT THE CHEAPEST."

HOUSEHOLD COAL"

We have now made arrangements to deliver HOUSEHOLD COAL

on the following Terms, and would emphasise that Full Weight at Destination is guaranteed.

Selected Grade Lump Coal.

UPPER LEVELS

MID-LEVEL

CENTRAL DISTRICT

$21.00 Pen Tos,

20.00 do. 19.00 de.

Best Household Nuts. (FOR KITCHEN USE).

UPPER LEVELS

MID-LEVEL

CENTRAL DISTRICT

Terms: Cash with Order. Minimum Quantity-One Ton.

$19.50 PER TON.

18.50 do. 17,00

do.

ARNHOLD & CO., LTD.,

FRENCH BANX BELLDING,

DEB Vaux ROAD CENTRAL.

THANK

GOODNESS

LAM

This might be your house! Insure your residence against Fire

with

THE HONG KONG DAILY PRESS, THURSDAY, DECEMBER 12, 1929.

LIMITED

LOAN TO

COMPANY.

QUESTION AS TO ITS LIABILITY.

It does not appear that the cou OUR WATER SUPPLY.

FIGURES FOR DEC. 1.

Water returns for the month of November show that consumption on the Island was 212 million gal

pany at any time required to borrow money for its own purposca, .. Any diculties have followed from Wong Tsz On's dishonesty. The general manager bus stated in his evidence that the just debts of the company will in fact be paid. The arm has acted throughout in good faith. It is suggested for the firm that a pre- cedent will be found in "Chan Shau Nam The Wing Cheeng Langlore, compared with 100 m.g. in (1924, H.K.L.F., p. 1 November 1825. On the 1st instant Firm has been agreed that the affairs of the company, and of other similar there were 1.500 mg. in the Island reservoirs compared with 1,200 a A lengthy judginent in which companies, frequently also are con

year ago. interesting legal points were inducted in all respects like the con-

cerns of a partnership. |"volved""with"regard-to-the-fiability

CASE WITH INTERESTING LEGAL POINTS,

The

In November a 13-hour main ser- vice was given up to the 12th and a 12-hour service (8 a.m. to 6 p.m.) for the rest of the month,

At the end of October there were 338 m.g.- net decrease of only 4, which shows that 128 mg. collected from the Shing River.

Relying on Previous Case. af a limited company' for money

firm claims to borrowed by one of its members was. The plaintiff

Over at Kowloon there are 494 delivered by the Puisne Judge (Mr. succeed on the authority of that Case, In that case a Chinese firm Justier Wood) at the Summary was held bound by the fraudulent mg. in the reservoirs and the con Caurt yesterday. His Lordship de- borrewing of its manager, who assumption was 179 million gallons.

in sole charge of the chop. cided in favour of the defendant.

Court "there recognised a commer- A sum of $700 was claimed by the cinl custom by which managers of plaintiff. Wing Hing Cheong, of 24, loent Chinese trading arms were. Wing Luk Street, California mer empowered by virtue of their posi chant, from the Kong Ah Co., Ltd. tions to borrow

money for the of 40. Connaught Road Central, exigencies of their firms' business. fest door. The claim was in respect I do not desire to dissent from this of money lent to the defendant judgment. It becomes necessary, "therefore, to consider whether the Mr. J. M. Hall was for plaintiff present case may be distinguished and Mr. P. M. Hodgson for de-from the earlier case. fendant.

firm.

The Judgment.

His Lordship's judgment was as follows-

In my opinion a distinction is not to be found in the relative posi- tions of the two agents In the earlier case the agent was a general The plaintiff is a Chinese firm manager. Here, he was secretary, The Wing Hing "Cheong (herein assistant manager, and a director. after called the firm) and the de: In both cars the agent held a chop fendant is a registered limited com- and was substantially unsupervised. pany) the Kong Ah Company, Ltd. The crucial question is whether (hereinafter called the company). the fact that in the previous case- firm while here At all material times the parties the principal was were trading in neighbouring pre- it is a registered company involves

was incor-new considerations. mises. The COMPANY

It Provided a proper authorisation porated on December 20, 1928. was a private company. Previously is established in the agent, the prin: To this date. L

firm-styled the ciples of liability in an oral con- Kong Ah-had been in existence and tract are the same for companies the company was formed to take and for private persons (Companies over its business. At present, the Ordinance, 1811, Ordinance No. 8' company having experienced finan-of 1911, section 78, (1), (3). rial difficulties, steps are in pro The plaintiff firm has not alleged gress to replace the company by any express authority but attempts new firm under the original name. to derive an implied authority from Aming the promoters of the com- the position which the agent was pany-of whom there were eight-allowed by the company to occupy was a person named Wong Taz On. an imposing conjunction of the He was one of three prospective effiers, secretary, assistant manager shareholders, who signed the Memo and director-arguing further that, randum of Association. Under the by the possession of the chop, the Articles of Association he became agent was unable to perform acts the first srevetary of the company of the class to which the berrowing and was empowered to sign cheques of money belonged. It is also right donand drafts for the cpm-ly submitted that the dishonesty pany. He also beenine a director of of the company's agent is irrevelant the company and was further ap to the issue whether his authority was or was not exceeded (cf. "Lloyd pointed as assistant manager.

At all material times he was hold. Fr. Grace Smith & Co.", 1012, A.C. ing these positions in the company. (716). Among his duties; he kept the ac.! Pounts books of the company. The articles of the company provided for the appointment of (a) a manaw ing director, nd/or (b) a general manager. Work Tez On at any material time was not holding either of these offices. The general man nger (Lin Wing Yak) has attended these proceedings and has given evilenas for the company.

Defalcations it the Firm.

On or about April 6, 1990, certain defalcations were traced to Wong Ts On. He was, on that day, sus bended from his various functions. I Saburquently he was prosecuted for embezzlement the sum involved in the charges amounting to about 320,000. I pleaded guilty, was convicted and sentenced to impris

onment.

.

Dificulty in Plaintiff's Caze.

The diffenity which the case for the plaintiff must meet is this, That the agent of a company, in contrast to the agent of a partner ship, possesses prima facie authority of a limited kind, and any person transacting with such nu agent proceeds at his own risk if he does not assure himself that these limits are not being exeeded.

Persons dealing with the agent of A company are, entitled to assume that he has all such powers as be purports to exercise, provided, and provided only, that they are steb powers as according to the constitu- tion of the company, the particular agent can have.

JI

21

*

were Mun

CITY AND HILL DISTRICT WATER WORKS.

Tytam

1028. 1020. 15' 9" ན་ 93′ 6′′ 90′ 0′′ 0' 4"

Tytam Byewash Tytam Intermediate Tytam Tuk 3711 91 9 90' 5' 7" Pokfulam Wong Nei Chung

The figures are the "depth of the surface in fret and inches below! overflow level.

Storage in Millions and Decimals of Gallons.

3

COMFORT

for the hours between 12 and 8 A.M.

307.4466

2.0$ 194.02 942.01

Trtam Tytam Byewash.. Tytam Intermediate 1946 Wong Nei Chung

1929 268.39

·:53

1929.

707.33

-Tytam Tuk

Pokfulam

Total

13.27.

0.45 21.15 40.09

1,901.83 1,309.4140- Consumption of water in the City and Hi District in millions and decimals of galons during the month of November.

Consumption Estimated 'popula

tion

Consumption per

15.3

1928. 1920. 196,17 212.34

427,400 437,720

head per day

10.1 Services to houses in the Rider Main Districts were disconnected and a supply was given by public street fountains only during Novem her 1925.

November 1989.-From 1st'te 19th inclusive a 13 hours supply (6 3.1. top.m.) vs given to all Rider Man Districts. Principal Mains

closed 3 h.m, tơ G a.m.

From 13th to 30th inclusive a 12 hours supply' (6 a.m. to 6 năm 1 wow given in all Rider Main Dix- triets, Principal Mains closed

n. to a.m.

*

***"

KOWLOON. WATER WORKS.

· 1028,

1920. Kowloon Reservoir

0' 0" Sheklaipui Reservoir 1'10" 10" Reception Reservoir

Feet and inches below overflow,

3. Oir, above overflow. Storage in Millons and Decimals of Gallons.

Taas.

1020.

Kowloon Reservoir 364 390,00 Sheklaipui Reservoir 108.66 Reception Reservoir

$2.05 25.10

Total .......... 434.50 401.38 Consumption of water in Kow loon in millions and decimals of gallons during the month of Novem- ber.

Consumption Estimated popula-

tion.

1925, 1020. 703.21 14.11

107,500 172,540

20.9

The memorandum and Articles of Association of a registered com": pany are public notice of their con The facts leading up to this case tents. The law relative to com· are the following: The rudnager of panies is deemed to be known by a the firm had been acquainted with who enter into relations with them. Wong Taz On for over two years as n Enquiries which by law were here neighbouring trader. He was aware incumbent upon the plaintiff firm that Wong Taz On was exercising would have disclosed the following ertain authority in this affairs of facts: A power to borrow is the company, but he did not inform possessed by the company. (Memo- himself of Wong Ts On's exact randu of Association, clause, 3 position in the company. On June [d]. Apart from this express power- 2. 1999 Wong Ts: On invited a loan an emergency power in directors in of $1,000 from the firm as a tem- berrow for the purposes of a trad- porary accommodation to his coming company is recognised by the pany. This loan was made through general Inw, of "Gibbs and Wert's Wong Tax On's hand and was duly Case 10 Eq. cases at p. 318: Sir repaid on demand by Wong Taz On. R. Malkins, Y.C., also "In re It appears that this surd was never Hamilton's Windsor Iron Works: in fact credited to the company by ez parte. Pitman and Edwards," Wong Tsz On in its books. Wong 12, Ch. D. 707; and other cases. TEZ On in respect of this lean issurd Such power to borrow, unless a memorandum similar in character otherwise provided, verts in the to the document referred to in the body of directors collectively and FLUSH SYSTEM IN HAPPY

present case.

not in an individual director (" fo Cunningham & Co., Ltd." ". Simpsons, Claim, 1887-30 Ch. D. 529).

22.0

Consumption per head per day Constant supply in all districts during November 1998 and 1929.

The Government Analyst's re ports shew that the quality of the water is satisfactory.

The total rainfall to November 30: 1925, 71.14 inches; 1999, 69.41 inches.

والو

VALLEY.

TO BE REMOVED FROM SIX HOUSES.

Loan Made to Firm Member, On March 21, 1920, Wong Tez On applied to the firm for a further temporary loan to the company,- Manager Only Can Borrow Money. quiring $700. The manager of the

A block of six European style firm acceded to this request. Wongi By the Articles of Association of Tsz On recrived this money and the defendant company (Art. 6, 1) houses at Happy Valley, Nos. 53 to gave to the manages a document the power to manage the affairs of 83. Wongneichong Iload, are to lose (Ex.A.) which I have classified as a the business of the company is their flush system under an order memorandum and have admitted in assigned to Mr. Liu Wing Yuk, the made by Mr. A. W. G.. H. Grantham evidence (though objection wassern manager, without power of at Central Magistracy yesterday.

The Sanitary Board applied for raised to its admission as an un- delegation. stamped receipt). This document As secretary of the company, the the order on the ground that the

closets in question have.no indepen Lears the signature of Wong Tez On fraudulent agent had no power to

dent and adequate water-supply and and a chop of the company (which borrow for the company. chop has been shown to have been Thus, the plaintiff would have that the condition in which they in" use in the hand file money trans- discovered that neither as an in- were found by visiting Inspectors

was prejudicial to health. netions of the company). This sum dividual director nor yet as assist-

Houses No. 55 and 61 belonged to was not credited to the company inant manager, with delegated powers ite books on the date on which the from the general manager, nor yet Mr. To Ching and the remainder money was received. Ilowever, on as a secretary, had the fraudulent of the houses affected to Mrs. N April 6, after his stepension, Wong agent any authority under the con- Wong Shi. Notices were served on Taz On, was invited to make correc. stitution of the company to borrowbeth these parties some time ago re- tions in his accounts and he made money in its name.

quiring them to remove the closets. but nothing had been done.

a series of entries under this latter -The same considerations apply to

It was stated in Court by a re- dato-one of which recorded the any claims based by the plaintiff on

presentative of Mrs. Ng, who is an receipt of this sum, on March 21. the ground of estoppel." This sum has, in fact, never been In my opinion, for the above ren- elderly lady, that he had consulted applied to the use of the company. sons, this claim fails. I give judg her architects with a view to com

other of the company was ment for the defendant company plying with the Sanitary Board's charges, of embezzlement against tage in this enso of fill and able order was applied for.

His Worship. pointed out that. Wong Taz On-no reference was legal argument on both sides, very

between

the des This by the prosecuting etheriting when hemen belt, wge & matter company.

sidered, but it has seemed to me to fendant and the. Sanitary Board. serve no useful purpose to state He made the necessary order for

removal. my reasons at aay-greater length:

THE GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORP., LTD. privy to the loan. In framing with costs. I have had the advany requirements andda, stay of the

For information apply

J. H. BACKHOUSE, LTĎ.

TEL. No. 1782,

1A, CHATER ROAD,

SUCE

On this transaction the firm here

company for money lent

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