1938-04-06 — Page 2

'PAGE 2-HONG KONG DAILY PRESS

OF 10

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RAVEN A

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MADE SPECIALLY TO PREVENT SORE THROATS 150 years Reputation for Quality MADE IN LONDON BY CARRERAS LTD.

At the

COURTS

UNION TRADING WINS

NEWSPRINT CLAIM

Importance Of Chop

Judgment for plaintiffs, with costs, was delivered by the Chief Justice. Sir Atholl MacGregor, in the case in which the Union Trading Company claimed 56,189.43 from the Kwok Man Chau Ka and Chu Chul-ting, manager of the new Kwok Man Chau Ka, the Tung Hing Company, and Li Po-yuen, a partner.

WEDNESDAY,

ROTARY CLUB

MEETING

Talk On Locomotive Improvements

APRIL" 6, 1938.

BOGUS OSRAM BULBS TO BE FORFEITED

Application By General Electric Company

Me. J. Smith, chief mechanic of the Kowloon-Canton Rallway, was the speaker at the weekly meeting of the Rotary Club yeserday, his subject being "Locomotive Im-

An application was made by Mr. p.ovements."

0. E C. Marton before Mr. R. Before calling upon Mr. Smith Edwards at the Central Magistracy Plaintifs were represented by 29th, two days later, you called to give his address, the Chairman, for the forfeiture of 32 cases of

upon them to forthwith pay for Prof. Gerrard, introduced visiting electric lamp bulbs, bearing

Rota:lans. William Vinson Lee. R.trade mark resembling that of the

The money was claimed as the price of old newspapers bargain-

ed for and sold to the defendants..

1

the Hon Mr. Leo D'Almada Castro, Jnr.. instructed by Mr. M. A. da Silva. and Mr. H. Somerset Fitzroy, instructed by Mr. G. A. Sutherton Russ, appeared for the defence.

and take delivery of them.

Our clients are very much sur-J. Holmes. Karl Suez, F. S.. Marsh Osram Bulb manufactured by Gen. prised at your action, but never-and A. Eveleigh and also the fol-eral Electele Co.. by some unknown theless they have further instruct-lowing new members of the club: persons and stored in the godowns ed us to enquire from you what Mr. D. W. Munton, Mr. Del Forte of the Hong Kong and Kowloon.

Wharf and Godown Company. is the amount now owing by them and Mr. W. R. Scott.

Evidence was given by Mr. A. F. to you as they will now take up the balance of the goods. notwith- take the opportunity to say good-Raworth. of the local once of the bye and good luck to Rotarians General Electric Co., the owners of standing your promise. Yours faithfully,

Montargis and Dr. Mai, both of the Osram Trade Mark (Sgd.) LEO D'ALMADA | whom were going away on leave in

& CO."

the next few days.

The judgment follows:- The Plaintifs, merchants doing business in the Colony, trade inter alla in old newspapers. At frequent Intervals during the period between January 1935 and July 1937 they entered into contracts for the sale and purchase of bales of old news, HB:K. paper with what purported to be the Kwok Man Chau Ko, which is the name and style under which the first defendant carries on the "The Union Trading Co., Ltd. business of a restaurant at 35 Hillier Street. which these contracts worv negotiated is as follows:—

To that letter the Plaintiffs re- plied the same day:--

Hong Kong, Nav. 30, 1937. The manner in Messrs. Leo d'Almada & Co.

Present.

Dear Sirs,

Our Contracts Nos. 13120 and 13121.

The Chairman said he wished to

Witness stated that carly last month he was Informed by Messrs. Ja:dine, Matheson and Company Limited that various goods were stored in their godowns, and that these goods appeared to belong to the General Electric Co.

WORLD FIGURES In the course of his talk, Mr. Smith said that there were 275,000 steam locomotives in the world to

Upon receipt of this information, day. There had been a great deal of talk about the proposed change witness went to Jardine, Matheson in the machinery of rail tractors. and Company to ascertain whe- and the speaker said that in this ther these cases belonged to his connection two important questions firm. He discovered that the cases had to be asked, namely, would the had been consigned by the China and United Lamp Company of Shang- new machinery be rellable dependable and would it. on the hal to the order of his farm.

NO KNOWLEDGE whole, reduce the cost of haulage? Continuing, the speaker said that

#

He went to the local representa- China United Lamp

Brokers call upon the plaintiffs' manager and inform him of any possible business of which they In reply to your letter of even know. They are supplied with date written on behalf of Kwok contract forms complete but for Man Chau Kar, we desire to point the acknowledgment of the pur- out that in respect of the shipment chaser, and if the business goes of 500 bales arrived per s.s. "Pres. in Great Britain alone there were through they in due course return Harrison," your clients have no 22.000 locomotives and a sum nrtive of the the contracts duly executed. All option under the Contract but to £45.000.000 was spent on main-Company to inquire and was in-

Iormed that the goods

had not clearance tenance, renewal and running. the contracts which the Plaintiffs complete payment and had with the Kwok Man Chau Ka within 7 days after arrival of America had 45,000 locomotives, been consigned by that firm. Wit- Germany 30.000 and France 27,000, ess failed to find out the con- bore the "chop" of that firm, some steamer.

ratio of signees, and since he had no know- of them also bore the signature ci On the 27th fristant your clients with possibly the same

ledge of any such order the cases Chiu Chiu Ting or of Chan Tok.were informed by letter that they expenditure.

were opened on March 31. and were Delivery of the bales was effected had breached the Contracts and

Mr. Smith went on to say that found to contain electric blubs in by placing them in one of the unless they came forward imme-there was great room for economy wrappers, watch were sufficiently godowns of the China Provident diately to enter into a fresh ar and that if both fuel and main similar to the GE.C. wrappers.

reduced such thus making Loan and Mortgage Co., Ltd. and rangement satisfactory to us, we

tenance, could be

it likely for pur- sending a notice of arrival to the would proceed to dispose of the economy would have tremendous chasers of the genuine Oscam blub premises of the first defendant at shipment in question for their influence on. the cost of railway,

to be deceived. 35 Hillier Street. From time to account

Witness stated that the Osram time deliveries were taken and As desired, we enclose herewith

blub had been used in Hong Kong payments were made. in each case 1 statement of Account in respect by Chal Tok, who admittedly was of the Harrison" shipment and At the conclusion of his speech for the past 15 years and the-main employed by the first defendant. must ask you to be good enough the speaker was thanked by Prof. feature of the Osram Trade Mark It is not disputed that the "chop" o forward us a cheque in settle-w. Brown, of the Hong Kong Uni-Was the registered mark of the

lamp in an oval with versity. who said that ever since "Osram" written across the blub. affixed to each of these contracts ment without delay. was the business "chiop" of the first With regard to the lots which boy he had been interested in It was extremely likely for a defendant. While the goods deliver-arrived previously, we shall send locomotive engines and

transportation.

SPEAKER THANKED

that he

ed under the various contracts were you a statement in the course of was looking forward to his next lying in the China Provident Loan this afternoon.

Yours faithfully,

For THE UNION TRADING CO., LTD."

C.A.430

& Mortgage Co.'s godown loans on the accurity of these goods were from time to time negotiated from

that company. Each of these loanSMC MYF agreements bears the same "chop"] Encl.

Repulse Bay Hotel

DINNER

Every Wednesday

For Reservation

of Tables

Phone 27775

Every Sunday

LIGHT

DANCES

9 p.m. to 1 a.m.

CONCERTS

DURING TIFFIN ---

1 p.m. to 2.30 p.m.

(MUSIC BY HONGKONG HOTEL CLASSICAL S XTETTE)

THE HONGKONG & SHANGHAI HOTELS, LTD.

Every

15

BLUE GILLETTE

blade is SLOTTED

ANG ELECTRICALLY TEMPERED GIVING.

extra bardness to the cutting edge extra strength to the cutting edge ⚫ extra keenness

extra life and better shaving

GILLETTE SLOTTED BLADES Fr

SILLITTE

as the contracts with the Plain-

Hong Kong, Nov. 30, 1937. Messrs. Leo d'Almada & Co. -

Present.

Dear Sirs,

leave when he would take the op- portunity to renew acquaintance with a first class seat in a first class carriage running at a first class speed!

the word

MAGISTRATE'S DECISION

cases.

person to be deceived into buying the bulbs in the consignment for the genuine Osram. The wrapper appeared to witness to be almost the зате. Two of the Chinese characters appearing on the wrap- pers of the blubs in question were similar to two on' the genuine Osram wrapper. The Osram wrap- tiffs, and in addition each bears] The Unkon Trading Co., Ltd. am aware, been the subject or per bore the characters "Ah See the signature Chan Kok Man an

an authoritative decision by this Ling" while the wrappers of the allas of Chan Tak. The loans were

Court. My attention. has been bulbs in question bore the char- made by crossed cheques of which

called to the case of Chan Shau acters "Dah Be Ling" in Chinese. eight are in evidence. All of these

Nam v. The Wing Cheong Lung Thus it would be likely for àn, un- are endorsed by affixing the same In compliance with your letter of Firm 19 HK. LR1, a case in the educated type of person to be" "chup." Four of them in addition even date, we enclose herewith our Summary Jurisdiction of this deceived when buying bulbs unless bear the signature of Chip Chio statement made up to date show-Court. In the course of his judg-la closer Inspection was made. › Ting, the other four having nong the balance bi $13,577.12 due | ment the learned trial judge endorsement other than the o us against payment of which we Gompertz J. whose experience of "chop." The Kwok Man Chau Kashali deliver to your clients 1,000 Chinese Mercantile, custom way Detective-Sergeant Davis gave. was known in the trade as a large pales Old Newspaper and 310 bales much wider than mine, stated "Wu evidence as to the seizure of the buyer of old newspapers, not only over-issue Newspaper.

was a manager having practically from the. Plaintiffs but from other

Your cheque in settlement per the entire conduct of the business. Mr. Wolfgang Latrille. Hong frms as well. -

He was entrusted with a general Kong representative of the China chop which, I think, by local cus-United Lámp

with" Company, tom, confers very wide and general offices at David House, said in evi- powers on the holder." The judg-dence that

he had received no ment In that case proceeded on instructions whatever from his the grounds of estopped and there-head office

to receive from the fore. has no direct bearing on the Hong Kong and Kowloon Wharf duplicate notice being returned They heard nothing further until facts of the present case, but such and Godown Company 32 cases of bearing the correspondence chop December 8 when Messrs. Leo d'Al-a, citation from such a source, electric bulbs, and further said of the first defendant. In that mada & Co. wrote:-

obiter though it be, is at least en- that the bulbs in question were month the market for old news-

Leo d'Almada & Co.

titled to respect from me. I have not the property of his firm, papers was, weak and prices were Solicitors, &c.

further the evidence of Mr. Ho It was decided by His Worship falling. The Plaintiffs' manager

No. 67 Des Voeux Road C., Wing, Compradore to the Hong that unless cause is shown to the throughout November pressed the

Hong Kong, Dec. 8, 1937. Kong and Shanghai Banking Cor- contrary by noon next Tuesday the first defendant to liquidate his Messrs. Union Trading Co., Ltd. poration who in the course of his 32 cases of bulbs will be forfeited. commitments on these contracts. Dear Sirs,

evidence expressed this opinion:--- His Worship ordered that an ad-.. and on November the Plaintiffs re-

Re Contracts Nos. 13103, 13112, "Chinese firms always use chopsvertisement to this effect be in- ceived a letter, from Messrs. Leo 13120 and 13121 for old and in connection with their business.

serted in Chinese and English d'Almada & Co., Solicitors. In the

over-issue newspapers. They are regarded as of the language newspapers for three con- following terms:-

With reference to your Mr. greatest importance. The chop Is secutive issues. "Leo d'Almada & Co.

Churn's telephonic communication the firm. Elther the proprietor or Solicitors &c.

return will oblige.

Yours faithfully.

FI

For THE UNION TRADING CO., LTD."

The two contracts sued on bear date July 3, 1937. The goods covered by these contracts arrived In Hong Kong on November 18. Encl. 1937, and notice of their arrival SMC/MYF. was sent to 35 Hillier Street, the

Dear Sira.

of today's date, we beg to inform the manager has custody of the "== No. 67 Des Voeux Road you that we have no further in- chop. Its custody is a matter of Central. 1st Foor, David structions from our clients, the very great importance. If a firm plaintiffs and with other firms. House.

Hong Kong. Kwok Man Chay Kar, to act for handed its chop aver to an in-Such dealings have necessitated November 30, 1937, ̧· them herein.

dividual, in my opinion the firm frequent visits, telephone calls and Messrs. Union Trading Co., Ltd. We understand that our clients would be responsible. The power letters to the premises of the de- There has been no will personally negotiate with you goes with the chop. An individual fendants. Re Contracts Nos. 13103.in the matter.

with the firm's chop could bind the secrecy about such visits or com- 13112, 13120 and 13121 for

Yours faithfully,

firm. According to the common unication and it is difficult to such a systematic old and over-issue news-

(5gd,) L5O D'ALMADA practice It amounts to a power of belleve that

attorney; on contracts the evidence course of dealing could have been We are Instructed by our clients HB:K..

of firms contracting is in most carried out without the knowledge the Kwok Man Chau Kar that, un-

The writ in this action was there- cases the chop. The chop is the of the proprietor. Brokers from time to time visited the premises der the above contracts they purfore taken out on December 9. official seal of the firm," chased from you 2000 bales' of old The case for the Plaintiffs Mr. Churn, managing director of and negotiated contracts, same- newspapers and 500 bales of "over-against the rat defendant was the plaintiff company, has stated times outside the premises, and at framed in the alternative. Either that he as a business man with other times in the doorway or in-

issue" newspapers.

papers.

& CO."

By arrangement with you they they say Chiu Kwok who at all considerable dealings with local side the premises close to the have taken delivery of some of the material times was' sole proprietor Chinese firms, agrees with every counter. A telephone enquiry for bales" leaving 1500 bales of old of the first defendant firm, was, word that Mr. Ho Wing said. I the manager resulted in Chan Tok newspapers and 310 bales of "over-aware of and authorised all these must remark further that four coming to the telephone at the in- were received and acknowledged issue" newspapers to be taken de-contracts, or be, by allowing his crossed cheques were accepted and stance of the employees. Letters over the correspondence chop of livery of and against "which they employees the free and unrestrict-credited to a customer's account by pald or account from time to time ed use of his business "chop" held the Hong Kong and Shanghai different sums of money to you them out as persons authorised to Banking Corporation with no fur-the arm, and the very Solicitors

contract on his behalf, w

ther endorsement than the chop of who had been consulted by Chiu Kwok on "ovember 23, when he amounting in all to $4,600.00.

It is, to me at least, somewhat the first defendant firm. Although on the 27th Instant you promised to grant our clients fur-surprising that the true legal effect over a protracted period the was accompanied by Chiu Chiu ther time in which to take up the of the affixing of a firm's chop to first defendant firm has purported Ting, are again consulted a week

Continued on Page 11) balance of the goods, yet or the a document has never so far asitó deal in old newspapers with the