1936-07-07 — Page 7

CLAIM BY EUROPEAN

BUSINESS HOUSE- Compradore Who Vanished

While Owing Money

RUBBER FIRM FAILS

Judgment for $1,215.98 was awarded against Wong Toug-kee timber merchant, in the Supreme Court yester- day by the Chief Justice (Sir Atholl MacGregor). Wong had been sued by Harry. Wicking & Co. for the amount given.

It was alleged that the money was due on three promissory notes, signed by Wong, who had been in business relations with the plaintiff's compradore, who it was stated in evidence, had since disappeared while owing money to the firm. The notes were payment for a quantity of goods for a rubber, company which failed,

Н

SUPREME COURT CASE

Mr. H. C. Macnamara (mnstruct- ve a guaruntor for a non-existent

ed by Mr. W. A. Mackinlay) #p- peared for plaintiff and Mr. Leo d'Almada e Castro jun (instructed

$

The company and not company. detendant was liable.

Mr. Macnamara: It is our case

by Mr. M. A. da Silva) appeared tht the company was primarily Hlable but we say the promissory notes were signed as guarantor.

for defendant.

By agreement Mr. L d'Almada opened the case. Defendant was a timber, merchant, he said, and had been in business in Hong Kong for more than 40 years, during which period he had deals with a number of European Arms. The business which formed the basis of this claim, however, was the firs contact the had had with the plaintif Arm

In the middle of 1934, said Mr. d'Almada, defendant was approach- ed by a man named Leung with a view to forming a rubber com- pany. News of this reached plain- tiff's compradore, Fung Siu-wah, who had known defendant for same years and who solicited the new company's business on behalf

"The

that

facts make it perfectly clear," said Mr. d'Almada, from the incorporation of the com- of the pany, Wong dropped out case entirely and in his place the plaintiffs accepted, the Universal Rubber Company."

Defendant gave evidence bear- ing out Mr. d'Almada's address, and stated that he did not know that a compradore had to obtain the approval of his taipan before

entering into a 'contract.

At the conclusion of defendant's

Mr. evidence. mitted that there was no case to answer but the Chief Justice held that there was.

Macnamara sub-

Harry Owen Hughes, director o of Harry Wicking and Co. Vari-Harry Wicking and Co., said in ous dinners were held and at one evidence that Fung had been com- defer.dant was introduced to a European whom he believed to be manager of plaintiff company. Further dealings however were with Fung.

"It is Our case, "sald Mr. d'Almada, "that Fung knew that

be defendant

going to managing director of the new com- pany and that Leung would be the secretary manager.""""

W33

· NOTES AS SECURITY In November 1934, Mr. d'Almada went on, before the company was incorporated, contracts were en- tered into and for security, pro missory notes, signed by delencant were given.

pradore for the firm for many years. His powers were to intro- duce business and make arrange- ments for contracts, subject to the approval of himself, his father and Mr. A. K. McKenzie. He had asked to see defendant on several occasions, he said but had never seen him.

Fung, he said, had left the firm

HONG KONG DAILY PRESS, TUESDAY, JULY 7, 1936.

INCREASED ACTIVITY REPORTED

First Church Of Christ, Scientist

NEW PRESIDENT ELECTED

The activities or The First Church of Christ, Scientist, Boston, i

TAXI DRIVER ROBBED AND ASSAULTED

Three Europeans Alleged To Be Involved

EARLY MORNING AFFAIR

H. K. POLICE RESERVES

(Orders By The Hon. Mr. T. H Hing, Inspector General Of Police)

CHINESE COMPANY Training Course (Part II):—All recrults of Chinese Company who have not yet passed Part II of Training Course will attend at the Chinese Company Headquarters on Tuesday, July 7 at 17.30 hours for instruction.

Commendation: Constable R21 Three Riflemen of the Royal Wong Ping Kwan is commended Mass., were reviewed at the annual | Ulster Riges were arrested yester- and granted the meritorious service meeting held on June 8 at Boston day in connection with alleged bar by the Hon. Inspector General Mass, when Mrs. Elizabeth Cadweli | assault on a taxi driver which.oc of Police for zeal and alertness in Tomlinson of Boston was elected curred in the vicinity of Tai Chi arresting a Chinese Male who was president of the Mother Church.

Kok, at 2.30 in the morning. The convicted for Larceny from the The Department of Branches and assault, it was alleged was followed || Person. Practitioners announced at the by robbery in which money and meeting of the addition of 22 new other articles to the value of $21 Churches and eight new university

was stoler. organizations, making a total of The men alleged to be concerned 2751 branches of The Mother are: Rifleman Thomas Codd, Rife- Church and 55 college and univer-man Sydney Brown, and Rifleman sity organizations.

LARGE ATTENDANCE Approximately 6000 Christian Scientists representing every state in the Union and practically every civilized nation in the world at- tended the' meeting. The main floor and three galleries were filled within a short time after the church doors were opened, the overflow being accommodated in

Thomas Parks.

Latest details of the outrage state

the

that the taxi driver was badly beaten up by the soldiers. He lost consciousness and later found him- self about five yards up on hillside by the roadway. He was. gagged with a white tle, but man- aged to loosen himself, when he made his way to the Lai Chi Kok Prison. From there he got

W

FLYING SQUAD Strength: Constable R313 D., M. on the Xavier has been taken strength of the Flying Squad, as from May 22, 1936.

EMERGENCY UNIT RESERVE

Leave Lance-Sergeant R419 A. J. Raptis has been granted three months leave of absence, as from June 18 1936.

(Sgd C. CHAMPKIN, DSP. (R.), Hong Kong, July 6, 1936.

the original Mother Church where touch by telephone with the Sham- NORTH STATION amplifiers were installed.

There were many speakers on the occasion, and Miss Margaret Mur- ey Glenn as chairman of the Board of Lectureship for the past year cited cases of instantaneous healings which had taken place as a result of public lectures on Chris- tian Science.

three

.She disinsed that members of the Board of Lectureship carried Christian Science messages to the four corners of the globe, deliver- 18 3111 lectures with an atten- dance of approximately million perLON1.5. Ten lectures were given in Adica, 59 in Australasia, 17 in Hawill, China, Japan, Java, Ceylon and India. one in the City of Mexico. 17 in South America. 9 tr Bernuda. Canal Zone and West Indies, 225 in Great Britain and Ireland. 14 in continental Europe and Scandinavia, and 2869 in Canada, the United States and

Alaska.

10 November, because of ill health, Dr. in the first place. He had gone to Canton had not returned and as far as witness was concerned, he had retired,

Witness gald that he would not have countenanced an arrange- nient as had been suggested by defendant, and had no knowledge an agreement between

"It was significant,” satu Mr. of such

MONEY OWED FIRM

Cross-examined by Mr. d'Almada, witness salo that other reasona why Fung had retired were be- cause things were becoming dif- ncult for him.

Do you mean

A TIMELY RESCUE

shulpo Police Station. The arrest of the three men alleged to be in- volved, followed later in the day.

According to the victim, about $8 in money a wrist watch and an electric torch were among artices stolen by his assallants.

EARLIER REPORT

the

INCIDENT

Alleged Fugitive In Court

The

A case of robbery and assault in which three Europeans, said to be

extradition proceedings soldiers, attacked น faxi driver against Yu Lap-fui, "allas Li Chi- after having had a ride has been on, alias Li Shek-you, wanted by brought to the notice of the police the Northern authorities.

authorities were again heard before Mr. W. Scho- field at the Central Magistracy yesterday, when further evidence for the prosecution was called

Leung Yuk, driver of taxi No. 766 stated that he WYS proceeding along Nathan Road early yesterday morning when he was stopped by

Allegations wore that the fugl- three Europeans outside the Mong tive, on July 23, 1831 at the North Kok Fire Station. He was directed Station, Shanghai

did

murder

T$2

to drive them out to Lai Chi Kok, Tong U La, secretary to Mr. T. V. ·| and when at Kau Pe Kan which Soong. Minister of Finance; did is a short distance past the Lai Chi attempt to murder Chung Kok Prison, he was asked to stop. Man, otherwise known as T. V. The men got cut and moved away] Soong; with others did conspire. without paying their fare. When contederate and agree to murder the remonstrated with them, theyT V. Soong and did solicit, en- attacked him and robbed him of courage, persuade or endeavour w $11 in money, a watch and a police persuade another person or per- whistle. They inade good their sons to murder T. V. Soong. escapes. According to the driver the men

were W30

dressed in civilian, appeared to him to be

Wong Sik To's soldiers.

Act

A STRONG SWIMMER

The timely assistance' rendered by Dr. Wong Sik To, the well- known local eye specialist enabled an unknown Chinese lad" to evade a watery grave on Bunday evening

at Stanley-

According to eye witnesses, this student

Was swimming with E party of friends rear a rait. sudden calls for help and frenzied actions were at first taken pranks by his friends because be was known to them as a strong

$1.2

Mr. d'Aimada: financially?-Fossibly.

Was any money due by him to swimmer. Noticing his plight, Dr. you when he left?

Wong threw a life line into the Witness: Do I have to answer water. bus the swimmer was tos.

d'Almada, "Mat in every pro- Fung an defendant. missory note and contract, the name of rae runder company was mentioned,

contract and every bore the seal of the company."

The company was incorporated 10 April 1935, continued Mr. d'Almada, and a few days after- wards Leung and defendant called on Fung and asked that the rates and contracts be cancelled, as from that date the liability was the company's. After some discussion Fung said that there would be no 'thaly need for that for he was dealing with persons with whom he had had long acquaintance, and now that the company had been in-caim against him. corporated the new position would be that

the company

would be lable for the purchase price and the plaintiffs would look to it for payment.

"My submission is," declared Mr. d'Almada, "that the liability of Wong and Leung from that date- was discharged and the company accepted in its place."

SHORT LIFE

The Chief Justice:--Yes. Witness: Yes, there was a cer~

We, have a tain amount owing.

Continuing, witness said that all contracts were guaranteed by the compradore and the Arm looked to him if there were default. firm had a security over the com- pradore as a matter of ordinary business policy.

The

Lo. Tong yun, clerk at plaintiff's firm, gave evidence of a dinner party at which the negotiations had begun.

A. K. McKenzie, manager of the The Rubber Company had a very plaintiff, firm, said he had never short and unfortunate life, said heard of the transfer of the lia- Mr. d'Almada A petition for its bility. Some time after the com- winding up was filed on November pany was wound up Wong came 9 and an order made on December and asked him for more time to

3. One payment was made by the make payment. company to the plaintiff and fail-

ing further satisfaction. the writ was issued.

Defendant received a letter from plaintiff's solicitors, asking for payment

DEFENDANT DOUBTED

weak to hold on to it and he had to be hauled out of the water.

First ald was, at опсе applied with the help of Dr. L. L. 8in and 14.took half an hour before he was able to walk. With the aid of his friends he was assisted away.

CANADA

· EXPORTS MORE TO JAPAN

IMPORTS ALSO RISE

Ottawa, Canade. An increase of more than 44 per cent. in Canada's domestic exports to Japan during April, compared with Apri last year. Is reported by the Dominion Bureau of Statistics.

KING'S COLLEGE MAGAZINE

Mr. D. L. Bérellett is conducting the case for the Crown again and Mr. P. H. Bin represented the. fugitive,

The Crown case was that deren- dant with five others shot at T. V. Soong at the North Station, and instead killed their intended vic- tim's secretary who was walking by the latter's side during one of his visits to Shanghal, Defendant was seen to fire the first shot in

the shooting stray which took

The July lasue of the King's College Magazine is to hand, and contains

a wealth

of readable material well written by the

place in the station and immedia- scholars and contributors alike.

after that. tely

the Secretary "The Moros of the Southern Philip Tong. dropped to the ground an pines" by EGS,, deserves special later succumbed to his injuries. mention, as it gives a very good

Yesterday Chul Sam Chung, who account of the modes and customs was with the party on the fateful of these people. "Ko Khan" is occasion at the North Station. responsible for some mirth provok- gave evidence and said that there

ing reading, while a full account with the results of the Sixth "An- -nual Athletic Sports are also com-

tained therein.

HIGHWAY ROBBERY Alleged Culprit Committed

To Sessions

were passengers sitting in the station around the walls, some to the south and some to the north. Witness went on that when he and another were about the mid- dle of the station, he becamę sus- picious of some men who were un- usual and they evinced excitement when the party appeared.

T1

When the firing started, MI. Tong dropped to the ground. Mr. Tsoi Chu, 20, unemployed was T. V. Soong ran to the north side committed to stand trial at the of the station hall and took cover Criminal Sessions by Mr. W. Scho- behind a pillar. Three of the $8- Beld at the Central Court yester-zallants had revolvers and the day when he appeared charged other two had automatics, with highway robbery on the per- son of a Japanese woman, Al Icht Kawa, in Eastern Hospital Road on June 21.

Det.-Inspector A. E. Carey ap peared for the prosecution.

UNIQUE VESSEL FOR CANADIAN LAKES

In delivering Judgment, the The figures were $1,172.000 com-to this post. She was built on Chief Justice said that defendant's pared with $810,000 story was entirely unsupported;

also тове during

Witness stated that he arrived in Hong Kong on March 14, in connection with the case, having been asked to come by the Chinese government. Witness further stat- ed that he did see the defendant at the North Station during the Aring.

After further evidence the case 'was adjourned.

PRES. JACKSON'S MOVEMENTS

Montreal, Canada........A unique vessel the Franquelin, motor-ship of all- welded steel, is paying its first visit the Tyne for the Quebec and The President Jackson" will' Canada's imports from the Far Ontario Transportation Company. arrive in Hong Kong on Friday;: through no fault of his own, and | East and immediately saw

April, The first of the new all-welded July 10, at 5 am, and will sail for ft depended entirely on his ac especially la connection Fung, who, it was alleged, asid a

with chips built for this firm, the Joseph Manila at 6 p.m. on the same day. -clerical error had been made and ceptance of that testimony.

China. From Japan the Dominion Medill, was last with all bands at instead of 6 p.m. on Saturday, July would be corrected. The next let- "I am bound to say," said the bought goods worth $289,00 com sea on her voyage out from Eng- ter was addressed to the company. Chlef Justice, that the way in pared with $241,000. Imports from land last summer, The Franque

Mr. d'Almada submitted that no which the defendant gave his evi-China ose from $216,000 to $318,-lin. which will be used for lake written agreement was necessary dence seemed to me to be an un000.

to pass the liability on to the com-wholesome combination of unctious pany after its incorporation and platitudes and evasive equivocation

મા

11 as previously scheduled.

This steamer will arrive in Manila

on Sunday morning at 7 a.m., July service, has many unique features 12, and will sail from Manila for which differentiate her from the Hong Kong on Monday, July 13 at usual line of lake vessels. She 4.p.m. arriving here on Wednesday

designed after exhaustive morning. July 15.

She will then proceed to drydock study of the problems of Canada's for the inland tansportation and will carry and will sall from Kowloon Whart amount newsprint and pulpwood along lop July 18 for Shanghal Kobe,

the St. Lawrence route,

Yokohama, Victoria and Beattle.

that there was no question of de- when he was dealing with indis- defendant has failed to make out was. fendant acting as a guarantor, for putable facts. I am not satisfied his case." when he signed the notes the that he had told a story that I Judgment was entered company had not been incor- can accept Plaintifs have been plaintifa for the full porated and it was impossible to consistent throughout however and claimed.

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