1938-05-14 — Page 7

HONG KONG DAILY PRESS

COMPRADORESHIP

STATUS DETERMINED

Gilman's Official Wins Court Action

Judgment for defendant with costs was given by the Chief Justice. Sir Atholl MacGregor, in the action brought by Mrs. Fong" Shuk- king against her son-in-law, Leung Nal-yyen, regarding the compra- doreship of Messrs. Gilman & Co., Ltd.

The action was for a declaration that, under an agreement made in" February, 1937, plaintiff was a partner with defendant in the Compradore "Department of Messrs. Gilman & Co., Ltd. Plaintiff also claimed for an injunction restraining defendant from excluding her from the partnership.

Mr. Eldon Potter, K.C., Instructed by Mr E 8. C. Brooks, ap- peared for plaintix, and defendant was represented by the Hon. Mr. Leo D'Almada. Jur, on the instructions of Mr. H. L. Kwan.

GENERAL

SUMMARY COURT GERMAN ENVOY

APPLICATION ·

For Discharge Of Warrant Of Distraint

SUGGESTION BY

SOLICITOR

Judice. Mr.

LEAVES

Flying To Europe

By Dorado

Herr E Ott. German Ambassa, dor to Japan, left on the Imperial Airway's plane Dorado yesterday morning for Berlin On Thurs- day Herr Ott was entertained at Government House, dhd a con- ference took place the same day between himself and the German Ambassador to China, Dr. Oscar Trautmann, who dew down from Bankow for the occasion.

In the course of an application before the Pulsne Justice R. E Lindsell, in the Sum mary. Court yesterday, for the discharge of a warrant of distraint a suggestion was made by Mr. H. J. Armstrong, of Messrs. Deacons, Other passengers who left by showing how sub tenants might the Dorado were Mr. and Mrs. guardi themselves against dis- Frank Fisher, who have been tour- His Lorship's judgment follows: syndicate. He relies on the ad. | honest principal tenants.

ing North China for the past four On January 29, 1937 the defen- |mitted fact that the sole asset of The application was made by months. Mrs. Fisher better dant, Leung Nai-yuen, entered into the partnership is the compradore- Wong Hon-ang. a sub-tenant of known as Violet Cressy-Marks. in agreement with Messrs. Gilmanship, a fact which is clearly evi- No. 5 Shelley Street, second floor, the authoress.. and Co., Ltd. whereby on the terms denced both by the terms of the against which place a warrant for Miss A. Wood of Bangkok also and conditions therein stated he partnership agreement and by the distress was issued on May 5 on boarded the Dorado for that port. agreed to serve the Company as wording of the receipt. I the the aplication of the landlords, The plane carried 150.547 kilos compradore. That agreement con- | compradoreship comes to an end the. Hong Kong Fire Insurance of mall and 10.613, Ellos of freight. tained a provision for the termina- the partnership is automatically Co., Ltd. for arrears of four tion of the agreement by three determined, and if the court holds months rent at $35 a month. All

PLANES DELAYED months' notice in writing by either that this is a partnership at will the goods and chattels in the party.

the sole asset will vest the premises were seized. In February, 1037 the plaintiff | defendant, for the compradoreship The claim was dismissed, but it and defendant concluded an agree- | is unassignable and. being 301 understood the case will be TG- ment, in the following terms:-"We, essentially a contract of personal opened this morning. Leung Nal-yuen and Fung. Shuk-service, is incapable of reasonably king are makers of this agreement. jaccurate valuation,

Mr. Armstrong, who appeared Whereas Leung Nal-yuen has taken To hold that this. is a partner- for the landlords, said he did not up the compradoreship of Messrs.ship at will would therefore be to Gilman & Co. of Hong Kong and render inoperative the provisions dispute that the goods seized in Fong Bhuk-king agreed to take up of section 39 of the Partnership the rear cuticle belonged to the a share of $10,000 in the capital Ordinance 1897 and to deprive the claimant, but he submited that it is agreed between the said two plaintif of her statutory rights to all the articles in the premises were in the, apparent possession nt varties that in the future all pro-her share in the partnership zaset. fts and losses in the business shall Mr. D'Almada for the defendant the principal tenant, according to

law. be divided into five equal parts of relies on section 26 and 32 of the which four parts shall go to Leung Partnership Ordinance 1897 and on tenant was Kan Chak, who. how Nal-yuen, and one part to Fong the case of Byers v Byers 71 A.C. Shuk-king. Words to the contráry | 174).

shall not be allowed. This agree- PARTNERSHIP AT WILL ment is made out in two copies for The point for decision is one each party to keep one copy as which has given me the greatest proof."

dimeulty. The relation of employ-

EXPERTS' ESTIMONY

material

The argument that in as much

NOT DISPUTED

It was stated that the principal

ever, did not reside on the floor, which was divided into Ave cubi- cles. He appointed as agent Lam Lok-koo, who lived in the front cubicle.

the law is entirely against you The law says that when the tenant is in arrears the landlord is en, titled to go to the house and seize

everything in it. Even though the

The Imperial Airways' plane which was due to arrive yesterday was delayed for 24 hours and will arrive this evening.

The Pan-American Airways | Clipper, scheduled to arrive yes- terday. will arrive about 1030 a.m. today and will stay in port about one hour before taking off on her i return fight to Manila.

G.O.C. LEAVES FOR NORTH

Will Inspect His Majesty's Forces

His Excellency Major-General A. w. Bartholomew, General Omcer Commanding the British Troops in Carthage for Shanghai on Thurs- China, sailed by the P. and O. Uner

day on a routine tour of inspection

of the Forces in the North.

Accompanying the G.0.0. were Captain H S. P. Hopkinson and Brigadier A. V. Thomson, MBE, Captain PJ. Howarth, AD.C., while Mrs. Thomson Hopkinson are also travelling with and Mrs.

Garrison,

CHINESE Y.W.C.A. MEETS TODAY

RESULTS OF RECENT FINANCIAL DRIVE

Maiden

SATURDAY, MAY 14, 1938. -PAGE

KNOW COMFORT, IN

Maiden Form

414 KA PAS. OPE

BRASS.IERES

"BRASSIERES

& CORSETS

"INTIMO"

"ONCE-OVER"

"OVER-TURE"

BEING JUST, A

THIS

WELL

FEW OF

KNOWN.. MAKE

NOW STOCKED IN ALL SIZES

LANE CRAWFORD • LTD.

The House of Quality & Service

TAIKOO DOCKS TRAGEDY

Rivetting Machine Falls On Workmen

INQUEST VERDICT

The claimant told the Court he On February 10, 1937 the detener and employee between Messrs. had been living in the rear cubicle dant gave the plaintiff a receipGilman & Co. and the defendant for the past six years and had which reads as follows: Received are in no way affected by the part-paid the rent, $7.40. every month payment from Mrs. Fong Shuknership agreement. The dissoluto Lam, who Issued the receipt king of the exact sum of $10.000 tion of the partnership by mutual bearing the name of Kan in Hong Kong" currency being consent would leave the defendant Mr. Justice Lindsell: I am sorry, amount of money for a share in the as compradore, and nothing in the compradore department of Messrs agreement can prevent Messrs. Gll. Oulman & Co. This is proof. That man & Co. from giving due notice receipt. In addition to the defen tu the defendant. dant's signature. bears the chop of the compradore department of as the only partnership asset is sub-tenants have all paid their the party. Messrs. Gilman & Co. for receiving unassignable it cannot reasonably rent. they have no remedy except goods.

In the absence of the 0.0.C., who which would against the principal tenant. The is expected back on. June 10, be valued, is one determine my judgment in favour only remedy I can 'suggest is that Brigadier F., W. L Bissett, DBO. All the relevant facts and the plaintiff were it not for the you should locate the principal MC. will be in command of the

documents have beer statutory provistona in section 33 tenant, who had apparently mis- agreed, and the only cral testimony of the Partnership Ordinance 1897 appropriated the rent, and proceed called at the trial was that of two that the Plaintiff's death or bank- against him. Against the land- experts in the Chinese language rucy would automatically dissolve lords you have no retiresa. These gentlemen,

the partnership, and, as partner. as experts so

Mr. Armstrong: "I asked this often do, differed fundamentally ship assets cannot vest in arly one man whether he had asked the on the meaning which they assign. partner, there would. In either of principal tenant to produce the ed to isolated parts of the agree-these events, have, to be a valua-receipt, He said he had but the ment aued on, particularly in re-tion of the partnership asset. principal tenant refused on the

A verdict of accidental death gard to the characters "tacung lol": The conclusion, to which I have ground that it had nothing to do

was recorded at the conclusion of which the Court translator inter- come, though not without consider with him. It seems that the only

an inquest held yesterday at the preted as "in the future.”

able hesitation, is that this part-way the sub-tenants can possibly The annual meeting of the Chin- | Central Court Into the death of For the plaintiff it bas beer nership is a partnership at will. protect themselves is to insist on ese Young Women's Christian As-Tang Sum, boiler maker, employed urged that the characters, stand and has been duly determined by the production of the receipt by sociation will be held at 7.30 p.m. in the Talkoo Doks, who was killed ing alone, mean "for ever and a the defendant on January 31, 1938, the principal tenant before they today when Mrs. Stu-feng Hwang, on April 12. day" and that their use in It follows therefore that there must pay their rent In view of the vice-president of the World's Mr. Butters sat as Coroner as- agreement indicates a mutual debe judgment for the defendant presence of the Fress. I think the Y.W.CA. will deliver an address.sisted by a jury comprising Messrs. stre for some measure of per-

the widest publicity about this The meeting will be followed by a J, M. A. Ramjahn (Foreman), Woo manency. It was, perhaps, irrele- The case of Amber v. Bolton L.R. should be given."

concert, and all friends and mem- Wing-chow and J. H Howard. vant for me to recall, as examina-14 Equity 427 is in many respects His Lordship agreed, and advised bers are welcome.

Deceased and others were work- tion тая succeeded by cross-so much in point that I cannot re-the claimant that in future he

ing on a ship under construction examination, those pledges of un-

frain from adding a few words. should Inais: on the principal

at the Taikoo Docks. They were dying love and affection which in Though the consequence of my tenant producing the receipt for

under a hydraulic rivetting ma- actions of a rather different nature Judgment is that the plaintiff is no the previous month before paying

chine which fell and landed on are never declared to be immortal longer a partner with "the defen-he rent for the next.

deceased and another workman, but are rather given decent burial] dant she is still entitled to an

Yu Ban, both of whom died as a by the award... of an appropriate account of the partnership and to

Seven teams took part in the result of injuries sustained. measure of damages. -

Campaign and a sum of $10,763.93 ! Wong Cheong, also a boller has been raised. The winning maker, who was at work with the team, under the leadership of Mrs. deceased, said that he was flung Wong Pak-chau (captain) and onto the deck of the ship and was Mrs. Wong Wa-lum (vice-captain), rendered unconscious. collected $2,800.08. Mrs. Li Tse- fong's team, was a close second with the Kowloon Court yesterday, Mr. a sum of $2,496.70, while Mrs. Lam- Macfadyen sitting as Coroner. bert Kwok's team came third with

Messrs... A. Sommerfelt (Fore-a total of $1,871.00. man), A Kitchell, and Cheng

Of Individual efforts, Mrs. Wong Fan- chiu comprised the jury. Lum-hing topped the list with a The inquiry was called because sum of $1.161.00. Mrs. Wong. Wa- nothing, of the Chinese language. About 50 local Moslems attend-the brother of the deceased was lum came second with $857.00, and Its characters, or its idioms is an ed a delightful tea party at the not fully satisfied as to the cir- Mrs. Li Tse-fong third with $710.00. unenviable one, but in this case. Peninsula Hotel jesterday after-cumstances of the death, fortunately, the cquciusion to noon in celebration of the birth was not informed of the operation. which I have come is based not on day of the Holy Prophet Muham The Jury returned a verdict of the linguistic niceties of what to mad,

death from natural causes due to me is an unknown tongue but on Mr. A. G. Sooft, who organised toxaemia and shock following an legal principles on which. I frankly the function, spoke on "Muham-operation for acute appendicitis. admit, I feel more at home.

mad has been avenged," in the

ar

with costs.

"

share "pari passu" in the only DEATH FROM

►

For the defendant it was equally partnership asset. In default of NATURAL CAUSES stoutly maintained that the char agreement between the parties as acters "tseung lol" in fact mean to the value to be placed on the An inquiry into the death of "In the future," and that their use defendant's compradoreship. I have Lee Yiu-kee, 26, who died on is related to the necessity for pro-berty to either party to refer the March 22, after an operation at the viding for the distribution of profit matter to Chambers for determina-Kwong Wah Hospital was held at and loss between the partners after tion.

the date of the agreement"

ASSET OF PARTNERSHIP

When Sinologue doctors diangrec

the task of a judge who knows

LOCAL MOSLEMS CELEBRATE

as he

Mr. E. H. Williams, crown In the agreement no term. for the course of which he said that the Counsel and Inspector O'Donovan, duration of the partnership is ex-Molsem formula consists pressed, and the partnership is equality of mankind as a brother-

of were present.

After the hearing, Mr. G. J. therefore "prima facie a partner-ncod in the Heavenly Fatherhood Grover was fined $5 for turning

up late, when called, as a juror.

FORTHCOMING WEDDINGS

ship at will, and was determined

by the defendant as from January

of God,

..

Dr. MO. Pister presided, among

31, 1938 by virtue of the letter of those present were, Mr. J. Russell, Januar 28 which is in evidence. Dr. Fung, Mr. D. O. de Silva, Mr.

It is for the plaintiff, therefore, to Chun and Mr. "Fatal Dahl. satisfy me that, notwithstanding,

the express terms of the agreement

this partnership is determinable

only by mutual consent, by the

C.B.S. DISPLAY

At 5 pm. today a thanksgiving service for the conclusion of the Finance Campaign will be held at the Association headquarters. All finance workers are cordially in- vited to attend.

TALK ON HUMAN CHARACTER

Theosophical Society Lecture

ing lecture entitled "Human Cha- Mr. M. R. Dęb gave an interest

|racter As I See It" at the meeting of the Theosophical Society on Thursday,

..

Mr. Deb said in the course of his talk that the three basic emotions The following forthcoming wed of man were Love. Anger and dings are announced: 4

Fear. He said that men would do Mr. Johan Divind. Johnsen, ahip-well to give a little time to the ping clerk, of No. 4 Luna Building, study of character and with a

Deceased and Ya San were work- ing under the rivetting machine.

Mr. W. B.. Adams, of the staff of Taikoo Docks, said that the by- draulic rivetting machine was seen in a fit and working condi tion by the No. 1 Chinese Ätters who were responsible to see that it was in working order weekly.

Mr. T. E Jackson, Government Marine Surveyor, testified that the machine weighed about three tons and four cwta.

CAUSE OF EALL The fall of the machine was caused by the bolts having slipped. One of the bolts, he said, had been cracked approximately three or four days prior to the accident, the machine was forced onto the When it gave way, the weight of

other belt which was unable to stand the strain

The major defects of the ma- chine was, that the belts were too small and that to ensure safey, he advised that, they should, be about two inches in diameter."""

In returning their verdict, the Jury added that the accident was

defendant, ceasing, to be compra- The Central British School held dore, to Mesars. Gilman & Co., or their annual gymnastic display, in and Miss Marie Jacobsen, of Oslo. Hittle self-adjustment add to the due to the defaults of the belts by operation of some, statutory dis- the School grounds yesterday Norway, en route to the Colony by meagre store of understanding. ability

afternoon in the presence of a the se. Tai Yang

*

It was, announced that Mr. R. Mr. Potter's contention on the large gathering of parents and Mr. King Luke, teacher at Mun K. Laing will give the second and plaintiff's behalf, is, that this is a friends.

Bang College, and Miss Sanly Yong, last part of his address on "The

ing on Thursday.

partnership, for a single adventure, Junior und senior boys and girls

of No. 50 Takuling Road, second Lotus Butra" at the coming moet

in, more, common parlance, al took part. in the splendid display, floor. Kowloon City.

and recommended that Mr. Jack son's suggestions for the imprays- ments of the machine should be applied.

Compensation to the deceaseds, families was also recommended

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