1939-11-25 — Page 5

· HONGKONG DAILY PRESS

CHARTERED BANK AGAINST LOCAL

GENERAL

LOSES

BIG CLAIM

SHIPPING COMPANIES

Sequel To U. Chan-jong Forgery Case: Full Text Of Chief Justice's Finding

Judgment for both the defendant companies, with costs, was ordered by the Chief Justice, Sir Atholl Mac- Gregor, in the Supreme Court yesterday morning, in the case in which the Chartered Bank of India, Australia and China sued

?

(1) the Hongkong and Kowloon Wharf and Godown Co., Ltd., and

(11) the Ocean Steamship Co., Ltd., (Holt's Wharf) Hongkong, for alleged wrongful conversion, or, alterna- tively, for breach of contract.

The action was in respect the shipping company or their of a number of cases of piece-agents stamped therean by the goods stored in the godowns Plaintiffs:

of the defendant companies "Please deliver upon payment of to the order of the plaintiffs all charges due to you to (here in the name of Messrs, Torbor follows the name of the Defendant & Co., and arose as a result company as the case may be for of the conviction of U. Chan- storage to our order for account of Jong, principal of the latter Messrs. Torbor & Co., Hongkong.

Chartered Bank of India Australia firm.

and China,

Chan-jong. It will be remember- ed, was sentenced in May. last to four years hard labour for obtain-¡ ing goods by means of forged de- livery orders.

The value of the goods stor- ed with the Hongkong and Kowloon Wharf & Godown Co,. Ltd., was 519,338,14 cents and with the Ocean Steamship Co., Ltd.. (Holt's Wharf) was $96,- 650.44 cents.

Master,

(Signed) A. E.,

Sub-Accountant."

The shipping company's agents) on receipt of the bill of lading en- dorsed it in favour of the Defen- I dant company concerned. The Defendant company. then stored the goods covered by the bill of lading in the name of Torbor and Company to the order of the Plain- tiffs. The Defendant company then issued a godown warrant to Torbor and Company. On the face of the warrant appeared the name

China "

loon Wharf and Godown Co., Ltd., $19,388.14 and in the case of the Ocean Steamship Co. Ltd. $96,- €50.44.

It is common, ground that these forgerlés were made without the knowledge and consent of any of the parties to these actions. U Chan Jani was criminally prosecuted In May 1938 for obtaining goods by means of forged delivery orders. He pleaded guilty and is now serving a long term of imprisonment.

· VALUE ÖVER 3500 ̧ ́

SHANGHAI BRIDE WEDS HERE

MR. G B. S. THOMSON AND MISS K. SETH

K.

The informal and quiet wedding between Miss Katherine Pitar Seth and Mr. G. B. S. Thomson in the Hongkong Union Church yesterday So far as the Hongkong and afternoon was attended by a small Kowloon Wharf and Godown Com-group of relatives and intraate pany is concerned it is conceded

friends. family

The Rey, by the Plaintiffs that each of the Mackenzie Dow officiated. 31 cases in respect of which they

Miss Beth arrived from Shanghai claim was of a value greater than

yesterday morning, accompanied $500 and further that in no case by her mother. Mrs. J. 8. Beth, was. such value declared at the and an aunt. Mrs. Harold Seth. time of application for

storage. Later in the afternoon the young in the case of the Ocean Steam-bride was escorted to the altar by ship Company 128 of the 132 her father. There were no bride's packages claimed for were of an attendants. undeclared value in excess of $500. The value of the other six packages is $2.877.64.

In these circumstances the Plaintiffs commended proceed- ings against each of the De- fendants claiming in each case damages for conversion or al- ternatively for breach of con- track Each of the Defendant joined issue with the Plaintiffs, sud each further pleaded that they were protected by certain conditions embodied in their godown warrants with each of which I shall deal later in this Judgment.

The deep rose bridal frock of Miss Beth was created from beau- tiful lace over taffeta designed with a floor-length fall skirů, high waistline and square neck bodice. A bolero, of the same material, her had short puff sleeves. On

shoulder head the bride wore a length tulle vell matching the shade of the frock,

BANDEAU OF ROSETTES

Mrs. Thomson

A bandeau of small velvet, rosettes. in various colours, held the vell in place, The elbow lace The Hon. Mr. Leo d'Almada, Jnr..

and silk gloves of light bine Instructed by Mr. R. A. Wadeson,

matched the trim of the bridal of Messrs. Deacons, was for the

gown. Her bouquet was composed ESTOPPED FROM DENYING

of wine coloured flowers and fern. plaintiffs, and defendants were re

The Defendants also plead that

A reception was held in the presented by Mr. Eldon Potter, "Kof Torbor and Company and im- C. instructed by Mr. M. M. Watson,mediately thereunder the words the Plaintiffs are estopped from Hongkong Hotel and later in thè

that the of Messrs. Johnson. Biokes and held to the order of

packages evening Mr. and Chartered denying

of respect

which Bank of India Australia and in

the departed on a British Liner for claims are made were duly their honeymoon in Manlia, delivered by reason of the "fact Mr. and Mrs. G. B. S. Thomson GODOWN WARRANT

that Torbor and Company were at will return to Hongkong and make Messrs. Torbor and Company ali material times authorised by their home here, Mr. Thomson The Plaintiffs are bankers carry-handed the godown warrant to the the Plaintiffs to act as their agents being connected with the Hong- ing on business in the Colony and Plaintiffs who held it until the bill for the purpose of obtaining the kong and Kowloon Wharf and both the Defendant companies are of exchange was met in full.

In delivery

of the packages, or, al- Godown Co., Ltd. * warehousemen with godowns in the books of each of the Defendant ternatively, that the Plaintiffs re- Kowloon. The Plaintiffs from companies the Plaintiffs were re-presented to the Defendants that' time to time advanced moneys to gistered as the persons to whose Torbor and Company had such. business firms in England against order the goods were held. Bach authority: that within the scope plea of estoppel is concerned Mr. that the true of the Defendant companies issued of such authority Torbor and D'Almada argues

Company produced to the Defen-position is that there was never

THE JUDGMENT Following is the full text of the judgment:-

ווי

bills of exchange drawn on and

accepted by Messrs. Torbor and to Torbor and Company a book of dants forged delivery 'orders duly any authority in Torbor and Com-

Company: The goods in respect of

which Messrs. Torbor and

Com- pany accepted these bills were shipped to Hongkong and on ar rival were stored in the godowns of one or other of the Defendant companies.

Contemporaneously with the ar- rival of each consignment of goods a bill of lading was received by the Plaintifs from the consignors, to- gether with a draft drawn by the consignors on Messrs. Torbor and Company for the value of the goods. The bill of lading and the bill of exchange were endorsed by the consignors to the order of the plaintiffs.

n

BILL OF EXCHANGE Messrs. Torbor and Company ac cepted the bill of exchange and *were handed the bill of lading with the following instructions to

Afraid

to eat?

printed forms of delivery order.

When it was desired to re- move any number of cases from storags Torbor and Company typed on one of these printed forms of delivery order the lot number, marks, quantity and description of the goods re- quired, the distinguishing num- bers of the cases and the name of the ship from which

the goods were landed.

•

SATURDAY, NOVEMBER 25, 1939. -PAGE

Stuart Crystal

WINE SERVICES

SET FOR 12 PERSONS-

PT. TUMBLERS CHAMPAGNE GLASSES

FINGER BOWLS

CLARET GLASSES PORT GLASSES

SHERRY GLASSES" LIQUEUR GLASSES ICE CREAM PLATES

2. WINE 1- JUG

96 PIECES

$540,00

$662.50

$795.00

LESS 10% CASH DISCOUNT

LANE • CRAWFORD LTD.

The House of Quality & Service

ERECTIONS ON AGRICULTURAL

L!

LAND: MANY

MORE CASES

Appeal Is Under Consideration

endorsed by the Plaintiffs, and so pany to all up delivery orders to cover obtained delivery of the goods a greater extent than to claimed for.

cargoes for which they had pald The misdelivery of the goods the Plaintiffs. claimed for, to the detriment of

There is no evidence that Tor- the Plaintiffs, is admitted, but the bar and Company were held out Defendants repudiate liability on by the Plaintiffs as having any five grounds. Of these five four greater authority than that. The are common to both Defendants, forgeries were outside the scope of estoppel, non-declaration of pac- the actual authority of Torbor & kages of a value in excess of $500. Company and also outside their the delivery orders being conclu- apparent authority." The defen- sive proof that the packages have dants knew that the relations be- been properly delivered and non-tween the Plaintiffs and Torbor & sheds or other buildings on agri- responsibility for deliveries made Company were those of pledgee and pledgor, and there was there- on orders in favour of Chinese.

The Hongkong and

fore presumptive knowledge of the Umitation of Torber & Company's

DELIVERY ORDER SIGNED They then signed the delivery order and took it to the Plaintifs. They paid to the Plaintiffs the purchase price of the goods" men. Wharf and Godown Company alone

Kowloon

tloned on the face of the delivery raises a Afth defence; that by the order and the Plaintiffs stamped condition in its godown warrant on the delivery order an endorse-it is protected against loss by mig ment in the following terms: feasance.

"Please deliver to Messrs. Torber HANDLING OF GOODS

Australia and China,"

authority.

·MANY CASES CITED

Eighteen more summonses have been taken out against individuals who have had erected wooden

cultural land in Survey District 1 and Survey District 1. Kowloon City, and several of the land- owners concerned appeared before Mr. Q. A. A Macfadyen at Kowloon Court yesterday.

In support of his argument that

Mr. C. A. Butherton Rass appear- the Defendants here committed aed for seven of the defendants, breach or contract which disen-Mr. J. M. D'Almada Remedios for

Davis

with

having erected buildings on Kowloon Inland Lots 1571 RP and 1565 without the permission of the Building Au- thority, and for three of the other defendants.

and Company or order upon pay. By their reply the Plaintins titles them from relying on the one, and Mr. P. Y. Woo for the ment of all charges due to you. plead that the Defendant Com-conditions limiting liability. Mr. Homuntin Land Investment Co.. For the Chartered Bank of India panies dealt with the goods other D'Almada has cited a number of charged

h wise than in accordance with the cases ranging in date from 1830 contract between the parties, and to 1937. The earliest case is therefore cannot rely on the 'con--i

V... Garrett. 6 Bingham ditions and exceptions pleaded in

The head note, so far as it 13 the statements of defence.

material, reads "Plaintiff put on

Mr. E. L. Curtis, of the PWD. board Defendant's barge lime to be

appeared as complainant, and also conveyed from the Medway to Mr. C. E. Moore, of the Building London. The master of the barge Authority, who requested an ad- deviated" unnecessarily from the

That endorsement was signed by an authorised officer of the Pialn- tiffs. Messrs. Torbor and Com- pany would then present the delt very order so endorsed to the De fendants, who in reliance on such endorsement

Mr. D'Almada's argument for the Plaintiffs is shortly this.

The would deliver the goods mentioned on the face of the order, or, if delivery of all was not to be taken af one time would issue to Torbor and Company sub delivery orders for the balance of the goods.

FRAUDULENT PRACTICE

At all material times Torbor and Company was, owned by U Chan

Defendants contracted with the Plaintiffs to do s thing in a certain way: they have broken their contract by not doing the thing contracted for in the way' contracted for. and they cannot therefore rely" on conditions intended to pro... tect them only if they carried out the contract in the way contracted for.

D.718.

usual course, and during the devia-journment of at least one month, tion a tempest wetted the lime. His Excellency the Governor-in- as an appeal by the defendants to and, the barge taking fire thereby Council that they may retain the the whole was lost. Held that the offending structures is at present Defendant was liable.”.

under consideration.

The next case in order of daté

Mr. Moore said that His Excel- is Lilley v. Doubleday 7 QB.D. p.510) decided in 1881. There the lency had visited some of the The condition exempting the

Defendant contracted to warehouse sites.

The adjournment was granted, Jong, a natural born British sub-Hongkong and Kowloon What certain-goods for the Plaintiff at ject of Chinese race. The fraulu-

and Godown Company from a particular place, but he ware-and the summonses will come up lent practice adopted by U Chan ability for loss caused by mis-housed a part of them at another for hearing again before Mr. Mac- F burning pain or agonising fatulence Jong in respect of the goods the feasance is in any case inap Place where, without any regl fadyen on the afternoon of Janu-

and heartburn make you dread meal- times, take a little Bisurated Magnesia subject matter of these two claims pilcable here, for the condition is gence on his part, they were des-ary 3, 1940. alter your next meal. By neutralising the was this: After a delivery order, clearly stated to apply only to the troyed. The Court (Grove, Lind- excess acid which causes most stomach which bore on the face of it parti- logs of cargo whilst the goods are ley and Stephen JJ.) held that troubles, Bisurated Magnesia brings you scared to dread ceases. You can eat what he had paid for to the Plaintiffs The conditions must be construed liable for the loss of the goods. new, instant relief. The pain you have culars of such packages only as being stored or remain on storage the. Defendant by his breach of contract had rendered himself it with ease. This had been duly endorsed by the contra proferentem. you please and digest blessed relief from pain, heartburn and. other distressing symptoms of indigestion Plaintiffs, he altered, the numbers will improve your spirits and general well- and/or particulars of packages or "being and make you look forward with

You

pleasure to meals. Get a bottle of "Bisurated 1. Magnesia to-day.

Look for the eval

want BISMAG trade mark. *Bisurated

Magnesia

"CHINESE" CLAUSE

The wording of the "Chinese added further packages, and by clause makes it clear that it is delivering these forged delivery intended to apply only to cases of orders to the Defendants obtained mistaken identity or or delivery to delivery of more goods than in a wrong person, and there is no fact the Plaintiffs had authorised justification for extending the him to take delivery of,

clause to cover such a case as the It is, agreed between the parties present. to these actions that the 'value f The exceptions further are not the goods so fraudulently stained surdeiently clearly worded to ex by Torbor and Company is in the clude liability for breach of con- case of the Hongkong and Kow-tract. So far as the Defendants

DOG SUMMONSES

Several residents of Hongkong DEVIATION IN VOYAGE

were summoned before Mr. R. Lepla v, Rogers ‹ (1893) 1 Q.B. Edwards at the Central Magistracy 31 was a case of the breach of yesterday for allowing their dogs a covenant in a lease, and the in the streets without a muzzle or lose was held liable for the na- lead. tural result of that breach. Mor- & Albion Co., Ltd. (1918) 1 K.B. rison & Co., Ltd. v. Shaw, Savill

p.747 was a case of deviation in a voyage by sea,

Ballhache 3. said "The effect of In the course of the judgment

Continued on Page

J

Pte. F. Miles, of Mount Austin

inger, of No. 7 Village Road, and Barracks, was fined $7. Mr. Gut-

Mr. Penn, of No. 1 Babington Path were fined $5 and $10, respective- Road, was nned $3 for keeping s 1y. Mr. M. M. Roza, of No. 15 Gap

dog without a licence.

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