1933-06-23 — Page 6

Soft-fronted DRESS SHIRTS

Fronts of unstarched Pique or Marcella cloth, with semi-stiff cuffs to match. Cut coat-style (as illustration) making adjust- ment easy,

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due to

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LIGHTWEIGHT CHAMPION

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Y. C. Song, Penang.

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TURKISH BATH GOWNS

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HONG KONG DAILY PRESS, FRIDAY, JUNE

FINAL JUDGMENT FOR

DEFENDANT

BONHAM STRAND PROPERTY CLAIM ·

ENDS,

WIDOW'S CASE AGAINST ADOPTED SON FAILS

Final judgment and costs were awarded by the Chief Justice yesterday to Fong Tao! Ching, of Shatin, defendant in the Hon- ham Strand West Property case.

It will be recalled that the action was commenced some weeks ago and was brought by Li Tsi Shi, a" widow, who sought to re- cover 73, Borham Strand West, trom Pong Taoi Ching, alleging that the property assignment was a forgery by her own adopted sea La Kai Loy.

fi

Mr. H. G. Sheldon and Mr. Leo D'Almada e Castro, Junior, instructed by Messrs. Lo and Lo, represented the plaintiff, and Mr. Eldon Potter, K.0., and Mr. F. O. Jenkin, K.O., instructed by Mr. Hastings and Co., appeared for defendant.

Giving judgment for defendant,

Solicitor's Duty.

ledge of an agent will only become knowledge to his principal where a legal duty lies upon the agent to

23, 1933.

SHANGHAI-CANTON AIR SERVICE

INAUGURATION BY CHINA NATIONAL CÓ, IN AUGUST

Shanghai, June 21.-The China National Aviation Company, which will undertake to inaugurata an air service between Shanghai and Canton, will make trial Bights for the service early in July, prepara. tory arrangements for these flights having been completed by the Com- pany's representatives who recent ly visited the southern parts. It is expected the service will be formally In inaugurated in August next. the initial stages, only two inter mediate stations will be establish ed, at Wenchow (Chekiang) and Amoy. It is hoped later to include Hong Kong in the service if satis factory arrangements can be made with the authorities there.

It is understood that the China National Company has obtained luarding facilities from the local authorities for their planes in con-i 'nection with the service. The com- pany will have its local office ne- commodated in the premises of the

Gazette,

HONAM BUND BEING BUILT

the Acting Chief Justice said:- "It will be agreed that the know[Y.M.C.A. at the Bund.-Canton

"Following upon my Judgment delivered on June last, the defend,

d the Court for ant hus here

communicate such knowledge to his final judgment.

"On the hearing of the motion principal; and, basing his position the defent has called evidence upon the case of Taylor r Black- with reference to the search in the low (1836-3 Bingham. N.C. 235) the of Public Works' announces that defendant's. Counsel has here con- Register of Deeds in the Hong tended that so far from there being Kong Land Office conducted by Messrs. Wilkinson and Grist. They a duty or Messrs. Wilkinson and used the record of this search in Grist to inform their client, the the preparation both of the mort purchaser, of the flaws in the title, it would have been a breach of

Canton.-The Municipal Bureau

the Wah Yik Company, the con- tractors for the building of the Bund at Honam, have already com menced operations. The comple- tion of the whole Bund is expected

The Bureau also announces that a

Bage from Li Kai Lai to Yan Pun their own duty to the vendor who to take three years. dated April 24, 1031, and of the assignment by Yan Pun to the de- fendant dated August 6, 1931.

This evidence coupled with that previously given establishes the es toppel pleaded in the Statement of

Defence.

"In order to meet this position the plaintiff has in the course of the hearing of the motion, been allowed to file. n reply. By her reply she has contended that this stoppel is defeated by certain circumstances.

The Reply.

*In the reply it is pleaded that even if the plaintiff in fact had such knowledge and had consented, as she is alleged to have done, nevertheless, the defendant through his agents, Messra. Wilkinson and Grist, had received

before pay

ment of the purchase price to the vender Yan Pan full notice and information of facts contained in a letter dated August 6, 1931, written by Messrs. Lo and Lo, the solicitors on behalf of the plain

tiff.

was also their client, so to inform

the purchaser. The case cited is, however, not an authority for the proposition that a solicitor acting simultaneously for two parties and finding himself under conflicting duties becomes relieved from the performance of one duty by the fact that he is, by performing it, in The breach of his other duty. solicitor's course in these ciróum- stapces is clearly laid down for him in the case cited in the judgment of Tindal C.J.-The solicitor must retire in silence from both duties. It seems to me that Messrs. Wil- kinson and Grist were under the

duty to disclose to the purchaser all material information in their possession however derived and whether acquired before they be came his agents or afterwards (see judgment of Vaughan Williams LJ in Young e. David Payne and Co., Limited, 1904 L'R.).

:

number of houses in the city, whose maloo building assessments are still unpaid, will be rent out to the publiq by the Bureau so that the rents received may be used to pay such assessments. Canton Gazette.

YINTANG MILITARY ACADEMY TO BE REORGANIZED

The military academy at Vintang attached to the First Group Army will be reorganized and renamed as Kwangtung Military and Political Academy,

General Chen Taai Tong will re- main as president of the academy. while Lieut.-General Tao Yik Hsien and Mr. Lin Yun Kai, the chair- man of the Kwangtung Provincial Government, will be vice-presidents. Higher training in political science will be instructed by Mr. Lin Yih Chung, Provincial Commissioner of Interior.

Other

professors of military training will be supplied by the Kwangtung Provincial Government whenever required.-Central Press.

DOUBLE MURDER

Other Points for the Defence.

"Other submissions made for the defendant which are in my view effective, are these. Firstly, that this information did not operate to With reference to this arst por-invalidate the mortgage to Yan tion of the reply, I find that the Pun, and until the mortgage is in- notice contained in this letter did validated the title of the purchaser not in fact reach Messrs. Wilkinson from the mortgagee remains un and Grist before the payment of affected by notice to the purchaser Secondly, the purchase price to the vendor and absolutely good. Yan Pun. The letter arrived at that the knowledge in question the office of Messrs. Wilkinson and could not have initiated an enquiry Grist at a point of time when the which would have led to the dis- purchase money was still in their covery of the impersonation of Li custody; but the deed having been Woon Nam, and is therefore not

that impersonation executed by both parties they were notice of then custodians of the money as which is here the only material mis- agents solely for the vendor. The conduct; and further, even if it

Tokyo. Einsuko Sagawa, the a- | vendor alone could claim the money might have so led yet it is not open from them. They were agents for to the present plaintiff to rely upon year-old son of a wealthy merchant both parties in the transaction; and such notice, because she has been of Uji, Yamada, and his sister, after execution of the assignment by found already by the Court to have have given themselves up to the both parties, the solicitors held the been as lately as July 31, 931-police, confessing a double murder. deeds for the purchaser and the indeed, until August 6, 1831-c Sagawa told the police that with

consideration for the vendor.

Fortively co-operating in concealing this very impersonation from per-

this reason the first portion of the reply, in my opinion, fails.

A Further Ansyar.

sons concerned in this sale.

Was

ΠΟ

"Thirdly that there omission of enquiry on the part of Messrs Wilkinson and Grist, who were on July 31 still endeavouring to trace the documents of title which had been shown to them at the auction sale of the property.

"A further answer to the same portion of the reply is, that what ever notice may have reached the purchaser on August 8, 1931, such notice will not operate to disentitle,

"For these reasons it seems to him as purchaser from the mort- gages unless it can be shown also me that the estoppel which rests that the mortgagee was affected by upon the plaintiff is not defeated like notice. The reply does not by any counter estoppel. allege that the mortgagee was affect- ed by any notice contained in this letter."

"The remainder, of the reply amounts to this, that Messrs. Wil- kinson and Grist, the solicitors for the defendant, during the period from July 23, 1831, to August 8, 1931, obtained knowledge which should have put them on enquiry for flaws in the title to the pro- perty; that they omitted the proper enquiries; and that their know ledge and their omission became,

"I give final judgment for. de fendant with costs.",

is 4

WATER RESTRICTIONS

MAY BE LIFTED AT END OF MONTH.

"The Government hopes, provided the rains continue steadily, to relax water restrictions at the end of the month.

CONFESSION

JAPANESE BROTHER AND

SISTER.

d

his sister's help he poisoned his father last winter, the crime being! motivated by resentment at the cruel way

in which his father always treated his mother.

Brother and sister studied the varique effects of poisons for several months before deciding on tain slow poison which enabled: them to murder their father with- out arousing suspicions.

a cer.

When their father's estate was settled, a half-brother got most of the money, and the pair then de cided to put him out of the way. as well. He was poisoned in Feb- ruary.

In confessing the two murders, Sagawa and his sister said that their consciences has been giving them no rest.

MUNICIPAL OFFICE FOR LUNGKONG CITY

In view of the fact that Lung- kong city is a busy centre of cam- in the circumstances which arose, The policy of imposing restric-merce of the District, the Shun. the knowledge and the omission of tions early in the dry season has tak District Government has decid the defendant himself, thereby hd gratifying results and the ed to open

an office there to affecting the defendant with notice people of the Colony appear to have supervise municipal reconstruction of all flaws existing in the title outgrown their former wastefulness work. It is learned that schemes that might on due enquiry have of water. been revealed.

For the defendant it has been submitted that this argument is un-

Bound.

The promises is, however, pro- visional as the reservoirs are far from full, the rainfall being little more than half the hortal amount.

for the development. of the city which have been drawn up will be submitted to the Department of Reconstruction for approval before they are put into execution.

KAILAN MINING ADMINISTRATION

HOUSEHOLD COAL

Supplies may be obtained at the following prices delivered in quantities of not less than half a ton.

Peak District (above Bowen Road) «..$20.

Bowen Road and Lower Levels

Pokfalum

Repulse Bay and Shek 0 Kowloon

...$18.

$20.

.$25.

...816.

All prices are per metric ton and deliveries will be made in this unit.

"DODWELL & CO., LTD, Agents.

Round the clock with

H.B. BEER

12

ce

Sweet when the dawn is grey, Sweet when they've cleared away Lunch, and at close of day, Possibly sweetest."

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Changing China

A quarterly non-political review of life and conditions in China.

Changing China is an interesting and useful quarterly. The articles which it contains have been written in the form of letters by men and women of various ranks of life who are living in the interior of China. They are not professional writers with any axe to grind but are describing what they have actually seen and, experienced. The reader gets a picture or rather a series of pictures of life in Modern China, and at the same time a resumé of the progress made in industrial development during the past quarter. .

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