1933-08-29 — Page 11

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HONG KONG DAILY PRESS, TUESDAY, AUGUST 29, 1933

WIFE'S HOTEL BILL

Question Of Whether

Husband Is Liable

A claim for $314.58 by Mrs. A B. Oxberry against Mr. A. Wheeler of. Messrs. Thos. Cook and Sons, in respect of board and lodging and refreshment supplied to Mrs. Wheeler at the Palace Hotel was heard by Mr. Justice Lindsell yes- terday.

Mr. R. H. Cole of Messrs. Geo K. Hall Brutton and Company ap peared for the plaintin and Mr. F. H. Loseby of Messra. Russ and Company was for the defendant.

It is alleged that board and

refreshments lodging, and

were supplied to Mrs. Wheeler between October 8 and January 15 at the defendant's request. Mr. Cole said that it was the plaintiff's case that the defendant "suggested that his wife was authorised to pledge his credit and therefore he was Kable.

2

Breach Of Promise Claim Fails

FILIPINO GIRL SUES HOTEL

MUSICIAN FOR $1,000

NO LEGAL CORROBORA-

Wa

TION

Miss Rosa Buatista of 578, Nathan Road, Kowloon plaintiff in a breach of promise suit which was heard by Mr. Justice, Lindsell yesterday. She claimed $1,000 from Lorenzo Rull, a musician at the Peninsula Hotel, living at 298, Peking Building, Kowloon.

Mr. H. L. Dennys appeared for plaintiff and Mr. Leo D'Almada e Castro, Senior, represented the defendant.

After hearing the evidence of the plaintiff and her wit nesses, His Lordship gave judgment for the defendant with costs.

PLAINTIFF'S CASE

The facts, said Mr. Cole were shortly as follows:-Sometime be- tween October 1 and 5, Mr. and Mrs. Wheeler went to the Palace Hotel at about 5.30 p.m to engage

for Mrs. Wheeler. Toom

Mr. Goldenberg, who is the licensee of

Outlining the case Mr. Dennys the botel, is Mrs. Oxberry's brother said: Your Lordship will see from and they had known Mrs. Wheeler the statement of claim that plaintiff for a long time. Mrs. Wheeler in is claiming damages for breach of a the presence of her husband ask-promise of marriage. To support ed Mr. Goldenberg to show them that she must prove the promise a room and he showed her room and prove that it has not been kept. No. 19 which was a front room, and both Mr. and Mrs. Wheeler expressed themselves as satisfied with the state of the room. Mrs. Wheeler moved into the mom on October 8 and though she lived alone, her husband used frequent ly to visit her at the hotel, some- times with the children and some times alone. He generally went.

there after dinner and stayed un-

til about midnight or a littic after.

In December, said Mr. Cole, Mrs. Wheeler went into a smaller room for which she was charged at the rate of $40 a month. While she was in this smaller room, the de- fendant still used to visit her "By his conduct," added Mr. Cole, "Mrs. Oxberry thought the defen dart was going to pay for her room." Mr. Cole went on to say that when the wife booked the room in her husband's presence he

never remarked that, he expected her to be liable for payment.

His Lordship: Was there no de- mand made against either husband or wife?

It is élear that it has not been kept because his socilitors wrote stating the defendant, never had and has now no intention of marrying the plaintiff.

Plaintiff is a girl of 18 living with her mother, brother and sister at the Orient Tobacco Factory in Nathan Road. Her mother will state that she has been very careful with her and that she is a girl of good character..

Early is February this year, she was introduced by a mutual friend La defendant. They became on good terms and she alleges that be pro mised to marry her and that after that intimacy took place. She claims that he is the father of her child.

When she discovered that she was in this condition she apparently did not discover it until she went to the hospital in June feeling well-she told her mother and they

went to see defendant.

Alleged Promise.:

H

Mr. Dennys: How did you get to know defendant?

Witness:

me,

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become Iriends with him?-Yes he promised to marry

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After you left the Silk Store did you keep company with him?—Yes. And did you become on intimate terms 1-Yes.

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After you told your mother did! you go at a defendant 1-Yes. He said he would marry me when I gave birth to the baby.

Did you give Mr. Rull your pho. COMING to the CENTRAL tograph -Yes, because be asked for it.

Between February and the time in June did he still say he was 20- ing to marry you?-He continually said he would marry me.

You are still willing to marry him I suppose?—Yes.

And before this case was brought you instructed your solicitor to ask again if the defendant would fulfil his promise 7-Yes.

Cross-examination

He again made corroborative": Mr D'Almada: What did defen

will statements and suggested than they dant say then 1-He said. 'I might marry later. That will be marry you when the baby is born' merely corroboration because we but my mother would not hear of cannot prove a case of this sort on it. the uncorroborated statements of plaintiff.

Mr. Cole: Yes, My Lord. De mands were made and the wife always said the husband would pay but when the bill was sent to the husband on various occasions The first promise to marry was he refused payment and on June on February 8, it is alleged. In 8. Mr. Bower, the manager wrote view of that, plaintiff, who Was

a letter to Mr. Wheeler requesting working in. Harriram's Silk Store payment. The defendant, in all left her employment the day fol. his refusals, had never actually "lowing.

said "I am not going to pay this." Plaintiff's mother has been work

Mr. Lindsell said that it seemed, ing as forewogaan at the Orient from what Mr. Cole had said that Tobacco Factory for about 25 years the Wheelers were not living toge- and is a person whose word is en ther in the ordinary sense of the titled to be believed as much as word.

defendant's.

Mr. Cole: And it is also pretty clear that this is not a separa- tion in the legal sense of the word.

"Plaintiff's Evidence. Mrs. Oxberry then went into the witness box where she gave evi- dence in support of Mr. Cole's opening. She said that Mr. Wheel- er used to visit his wife at least twice a week and that they ap

Plaintiff Gives Evidence.

Did he tell your mother that he was not the father of any child you might have 1-At first he denied he was the father,

His Lordship: So when you went with your mother to see him he enid I am not the father' and also that he would marry you when the child was born -IM."

Mr. D'Almada: On the second occasion you went with your mother did he say I am not going to marry you'1-No. The second time he aid he was the father and would marry me.·

The plaintiff then took her place I put it to you that he never at any time promised to marry 'you? in the witness box.

She told the court she was accus--He did promise to marry mo

Do you still wish to marry him? tomed to visit a Mrs. Sivanni who lived on the same floor as defendant-Tes

**) (Continued, ôn Page 12.). in Peking Building,

peared to be on good terms.P gone in there?-He did see it be-

Cross-examined by Mr. Loseby, fore. witness said she would not have

After several other questions, given Mrs. Wheeler credit if she Mr. Loseby asked: You remember had come to the hotel by herself. three years ago Mr. Wheeler came

Mr. Loseby: You know they were to live with you? Yes. not living together?S

Witness: I knew they were not legally separated,

You knew they were not living

together?Yes.

You knew Mrs. Wheeler had a Job?--Yes, $50 a month.

Why should she not pay you? She can't pay tram and ferry and bus and still pay my bill..

I put it to you that all your credit was given to Mrs. Wheeler? I gave it to her because I un derstood her husband was going to pay.

He was alone?--Yes.

He stayed there about three- months? No, about eleven days

You knew his wife had left him?

He did not tell me. But you knew? No..

His Lordship: When did you know that Mrs, Wheeler was only getting 150 a month During the frst month she was staying with

Friend Pidgin!

never said he would pay.

Mr. Loseby: You never asked defendant to pay?-No.:

His Lordship: Why in the world we were very not? Because friendly. I never asked him at all.

+

Well, if you are so friendly, why do you come here to sue him7- My idea is to recover our money,

It seems a funny thing that you have gone all these months and never asked him in a friendly way to pay? I never asked him sir

And you cannot give any reason for that except that he was your friend? No, sir.

That seems extraordinary and yet you send him a solicitor's let tersYes, aix

Isaac Levy Goldenberg was next called and he also gave evidence in support of the plaintiff's case. My client says he did not see Questioned by Mr. Loseby wit- room, 19. until Mrs. Wheeler had news agreed that Mr. Wheeler had September

After syrther questions the hear- ing was adjourned til Friday,

(H)

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