1941-05-15 — Page 5

Page

HONGKONG DAILY PRESS CLAIM FOR DAMAGES:

COURSE OF TUITION IN MOTOR CAR DRIVING DOES NOT INCLUDE

A CURE FOR NERVES-JUDGE

HOLDING THAT HE WAS SATISFIED THAT THERE HAD NOT BEEN EVEN A'PARTIAL FAILURE of consideration and that defendant had performed his undertaking to the best of his ability and skin, Mr. Justice P. E. F. Cressall at the Summary. Court yesterday delivered judgment in favour of the defendant in an action claiming damages for failure to give sufficient tuition in motor car driving.

וי

The plaintiff, represented by Mr. C. A. Sutherton Russ, was Atter Singh, of No. 17 Morrison Hill Road, a registered money lender, and the defendant, defended by Mr. Kan Furt-keung, was Q W. Sing, of No. 59 Lockhart Road.

not accept the plaintiff's statement The judgment was as follows: that the understanding between In this case the plaintiff's claim them was for an unlimited course is for the sum of $70 money paid of instruction.

THE JUDGMENT

facts

GENERAL

1.

Cabaret Entertainer Sues Merchant For A Breach Of Promise: Judgment Reserved

ALLEGATIONS THAT ON A PROMISE OF MARRIAGE SHE ALLOWED INTIMACY WITH DEFENDANT as the result of which she became pregnant were made by Cheung Li-lam, single woman, of No. 1 Min Fat Street, Arst floor, Wongrelchung, who brought a claim for $1,000 damages against Chan Ah-ng, merchant, of No. 128. Wing Lok Street, first floor, before Mr. Justice P. E. F. Cressall at the Sum- mary. Court yesterday.

Plaintiff was represented by Mr. M. A. da Silva while Mr. C. A. Sutherton Russ was for the defendant.

Plaintiff claimed that in or about July, 1940, plaintiff and de- fendant verbally agreed to marry one another within a reasonable time and, relying on this promise, plaintiff alleged, defendant in or about August last seduced her whereby she became pregnant of a child.

On Feb. 13, 1941, defendant by j Asked why, witness replied that

I am satisfied that a letter from his solicitor re- because he paid her but when and determined the pressed further he added he would to the defendant upon a considera-ihe defendant taught the plaintif pudiated

his part and ab-not be surprised if it was proved tion that has failed. In the alter- to the best of his skill and know-agreement on native he claims this amount a ledge and the fact that his pupil solutely refused to be any longer by a blood test.

Counsel for defence then object- damages for the failure of the de- failed on the occasion to satisfy bound thereby, plaintiff therefore.

claimed damages to the amount of ed to the way the conduct of de- the examiner's wus nat in my fendant to give him sufficient tui-

fendant was attacked. option due to lack of tuition but $1,000 and costs of the action. tion in moter car driving.

The defence denied that there...

SCENE IN CAFE to the plaintiff's nervousness and

In answer to a further question the relationship between defen- | by Mr. Silva defendant denied that lack of self-control. The plaintif was such an agreement and that himself admits that he was nervous when undergoing the tests and Ian and plaintiff was one whereby it was a fact that finding he was

prostitute and was paid for. pislatim acted as an "amateur unable to sedute the girl he then

made the promise of marriage.

Evidence was given by Wong Shing that he was present at the Canadian Cafe when he witnessed fendant. He did not know the Defendant, had made no cause. suggestion to him of marrying the girl,"

CABARET HOSTESS Flaintiff. In evidence, stated that she became a cabaret hostess in

The following are the which gave rise to the action The plaintiff being desirous of ob- taining a licence to drive a motor fall to see how any person, be he car, arranged with the defendant

a tutor of motor car driving, cab who Is the owner of a driving driving or even rickshaw pulling, school to take a course of lessons can be expected to Include a cure In the mysteries of the art of drive for nervousness in his curriculum shanghai at the age of 18. She a scene between plaintiff and de- ing a car in Hongkong and the ad- Jacent territories. It was agreed On the facts as proved to my between the parties that the fee for satisfaction. therefove holu that the course should be $55 and athere has been not even a partial sum of $30 was paid on account, failure of consideration since I am The defendant thereupon gave the satisfied that the defendant, per- plaintiff a stamped receipt worded formed his undertak.ng to the best us follow

of his ability and skil

To a comprehensive course of motor driving tuition uniti prof- cient to pass the Police Test for a local private car, licence inclusive of car and gasoline-fty-five dollars ($55,00). If no driving tuition is given money will be refunded." Re- celyed with thanks $30. (thirty dollars) on account."

CONFLICT OF EVIDENCE

It appears that the words "limit.

聲

TRAGIC DEATH

OF P.W.D. MAN

Mr. J. D. Bickerstaff Found Shot

married the next year but her husband died in 1939. She had to earn her living again as a dancing hostess in Haiphong and came to Hongkong in May last year and worked in the Cathay Ballroom..

She lived in a cubfele at No. 57 Sing Wo Road, third floor, the re-

sidence of Yim Pang who, in July

introduced her to defendant. Three weeks later defendant came

home with her after work. After

supper defendant told her: "I love you very much and if you have no

objection I shall marry you." and

she replied "I do not trust you."

a

her.

Hls Lordship reserved judgment | which will be delivered on Friday! morning at 10 a.m.

CHAMBER MUSIC

CLUB CONCERT

Second Recital By

Dr. Lovelock came to Hongkong

examiner recently

for the Trinity College of Music (London).

following selections:

The programme consisted of the

Library, Suprepa

THURSDAY, MAY 15, 1941. -PAGE 5

-NEW-

TAPESTRY

WOOLS

15c.

SKEIN

Justrived!

LANE CRAWFORD • LTD.

The House of Quality & Service

1252525252525.

Dr. Lovelock - HAD NO WIFE Witness said that she told defen-

Dr. Willam Lovelock, D. Mus. dant he would not like" to marry (London), F.R.C.O., FTCL, LR.

A.R.C.M. Ike her, meaning a AM, woman

second gave a ed to fifteen hours driving" were The death occurred yesterday, Į dancing girl. Defendant then pianoforte recital at Government inserted by the defendant, but under tragic circumstances, of MR. pulled her cut to Vim's room and House last night under the aus- these were subsequently erased, JAMES DOWIE BICKERSTAFF. of asked the fatter if he (defendant) plces of the Hongkong Chamber presumably at the request of the the Public Works Department. at was not a good boy and had no Music Club." plaintiff The course was duly his

Prince wife. Defendant, witness added, residence, No. 182,

also told Yim he wanted to marry commented, the plaintiff paying the Edward Road, Kowloon. balance of $25 during the period The late Mr. Bickerstaff attend of the course. There is a conflicted to his duties as usual yesterday and she then consented to the They went back to her cubicle

D. O. SOUTH of evidence as to the actual num-morning, and returned to his quar-marriage. Defendant told her he A Group of Choral Preludes ber of lessons given, the plaintif ters for lunch. Later in the after-would have to consult his elder (Bach)-(a) Jesu Joy of Man's DEPORTEE GAOLED alleging that he received only eight noon, a shot was beard and the brother about the fixing of the Destring (arranged by Myra Hess), of roughly 15-20 minutes duration servants.

"Owing, to the Japanese attack- on rushing in to Mr. wedding date, and she agreed: (b) Come Thou Saviour of the

forced each during a period of about 30 Bickerstaff's room, found him dead.

ing Sha-yu-chung I was Ten days later defendant came Gentiles (arranged by Buson!), (0) days. while the defendant insists

Mr. Bickerstan was born on to her room and that night they Jesus Christ the Son of God (ar-o come back. My wife-and child were killed by the Japanese," that he was given 15 to 20 lessons of a minimum period of 30 minutes Sept. 23, 1905, and joined the local had intimacy. Defendant, witness ranged by Rummel); Fantase in each, Be that as it may, the fact Government, service, arriving in said, told her to make her mind C Major in 3 Movements (Schu- pleaded Li Tal when charged be fore Mr. S. F. Balfour yesterday Hongkong on July 1, 1929 when easy as he would certainly marry mann). remains that on Oct. 30 last the

Intermezzo in B Flat Minor and with being in the Colony before plaintiff presented himself for ex-

was appointed Land Bailiff her. After that she had had fre- District Office, North.

quent intimacies with defendant, Intermezzo in C Major (Brahms); the expiry of a déportation order amination, but, unfortunately, or

in her house. When, she found Prelude in A Flat Major (Chopin); made against him on July 16, 1940. fortunately as the case may be, On June 4, 1931, Mr. Bickersta herself pregnant she told defen- La Cathedrale Engloutie, La Fille The order was for life. failed to satisfy his examiner. was transferred to the District dant who asked her to discontinue aux Cheveux de Lin and Minstrels Accused, who was arrested Thereupon a further arrangement Office, South, as a Land Balliff, dancing. About a month later de- (Debussy); Ragamuffin (Ireland), May 12, was sentenced was made whereby the plaintiff was and remained there until Apr. 1. tendant stopped visiting her. . Several of the selections were by months' hard labour, given some extra lessons for an 1933. when he was re-transferred

special request.

Sgt. Galvin prosecuted. additional sum of $15. On Dec. 3ft District Office, North.

he

WENT ON LEAVE

'on

to three

Condemnation Of Enemy Cargoes Granted

GAVE BIRTH TO SON Witness continue to say that he made another attempt to pass

from Sept. to Nov. last defendant the examination but once again he

gave her $30 or $40 per month to was doomed to disappointment. He went Home on leave on Apr. support her but in December she These shortly are the facts and 18. 1936, returning on Jan 20 in had to resume work at the Para- the question I have to determine the following year when he was mount Ballroom. She only worked is whether, in these circumstances, posted to the Public Works De- for short time when she was forced the plaintiff is entitled to claim his partment. In Dec. of that year he to give up by her pregnancy: She

Four appleations by the Proper Officer of the Crown, MR. T. J. money back,···

was transferred to the District gave birth to a son some three

weeks ago.

GOULD, for condemnation of cargoes, belonging to, or consigned to, Office, Scuth, remaining there until

Cross-examined, witness denied enemy firms and seized in Hongkong as droits of the Admira'ty Now, it is common ground that as to the P. W. D.

Sept. 24, 1938 when he went back that defendant paid her money, were granted by the CHIEF JUSTICE, SIR ATHOLL MACGREGOR.

a general rule a person là 'entitled

Before the promise of marriage de-at the PRIZE COURT yesterday.

COMMON GROUND

failure of such consideration neither the whole nor any part of

such sum can be recovered (Allis-Cantonese and Hakka fuently.

Chalmers Bullock, Ltd. Vs. Hut-

chings (1912), 11 ELR. 350 C.A.N.),

Thus where a pláintar apprenticed

his son to a watchmaker and jewel- POLICE RESERVE

LARGE TURN-OUT AT PARADE

The application was granted.

FREE-FOR-ALL

ON PRAYA

Malt

The

Ladies' Salon

MEZZANINE FLOOK.

from the

Tel. 28151.

ISASTISAGESAGTASETSEI

British Commonwealth is the basis of this Beer

Mr. Bickerstaff was very popular fendant had stayed in the house The frat case concerned part|spect of parcels seized on board to recover on a total failure of the with his colleagues, and was well some ten odd nights but no in- cargo on board the ships Elbe, the Hakozaki Maru, and

which consideration but where the money has been paid for on entire consi-his sudden death will come as a question by his Lordship witness Rickmers.

liked by all who knew him, and timacy took place. In answer to a Kulmeriand, Nordmark and Sophle were consigned to Germany, was deration and there is only a partial shock to his many friends,

They had cargo for granted by his Lordship. replied she fell in love, with de- Hongkong and under lien to banks The fourth application was in The late Mr. Bickerstaff spoke fendant because he was kind and in the Colony and at the outbreak respect of part of cargo seized on

gentle to her.

of the war took refuge in neutral the Agamemnon," Mr. Gould said Evidence was given by Yim ports.

the goods seized had been released Pang."

Certain brokers, to whom the for sale and the proceeds paid to NO PROMISE MADE

cargo was under Hen, stood to lose the Marshal-in-Prize, and asked Defendant said he was assistant a considerable amount if the port for condemnation of the proceeds to his brother at the Tung Hing dues were not paid and the Crown of the sale, ler for the term of six years pay-

rice merchants. He had never issued a licence to pay these dues. ing to the master a premium of

made any promise to marry plain on the condition that the goods $25 and the master died after

tiff. He was not introduced to her. were brought to Hongkong. The having given only one year's in-

He knew her at the Cathay Ball-surplus of goods sold was to go struction, it was held on any netion

room and on the third night took into the possession of the Crown. brought to recover the whole "or There was a large turn-out for her home. He had intimacy with This surphis amounted to $120,008 part of such premium an the the weekly fade of the Hongher that fight and on the morn- which his Lordship condemned as ground of fallure of consideration Kong Police Reserve at the Murraying handed her $50.

droits of the Admiralty after de- that the failure being anly partial Parade Grounds yesterday after He had several Intimacies with duction of charges involved in the action was not maintainable noon, under their respective Com- plaintif for which he gave her bringing the goods to the Colony,

Whincup v. Hughes 24 LT. 78), maridis officers.

money the last occasion being in

FIRST OF NATURE On the other hand, however, there

The second application and, ac- Although the raw recruits made September at the Nathan Hotel. is a distinction between a failure of nufferóis mistakes when Put On the next day following the last cording to the Proper Officer of in two of the former being part of the consideration, and a through their pates in squad arul, occasion he gave her $80 as plain the Crown, the first of its nature "partial failure of the consideration, as all recrafts do, the "old hinder tiff wanted to go back to Shang- to be brought before the Court seriously injured.

Over 60 men were involved in it having been held that a fallure presented an exceedingly marthal. Altogether he had given her during this war, concerned parcels: of part of an entire consideration appearance in their uniforms, steer about $350. He had no intention and letters seized in Hongkong as the fight and the Emergency Unit is a fallure of the whole considera-helmets and 'riot truncheons at all of marrying plaintiff

contraband. They were of two from Central Police Station had to tion unless part performance has Little, if any, fault could be found

Mr. Siva: Am I right in saying categories-financial and food and be summoned to disperse them.

Two of the ship's' employees who been accepted, in which case it be the way in which they respond that you found plaintiff an easy clothing. He asked for an order

for the financial contraband, com- were injured in the fight in which comes a partial failure of the whole ea to the commands of the in-

conquest?-No. consideration (Allis-Chalmers, Bul-structors;

EASY TO OBTAIN

prising of cheques and drafta, to tron bars, wooden clubs and dag. lock Ltd. v. Hutchings supra). ⠀

May I put it this way, then. She he delivered into the bands of the gers were used, were taken to the Among the officers present were was easy to obtain Yes Witzless Crown and for the sale of the Queen Mary Hospital. BEST OF SKILL

It is learned that the hooligans Mr. W. R. Chester-Woods, A.-S. P. added that he gave her the whole parcels, Having Carefully reviewed the Mr. O. Eager, D. §. F. (R), Mr. Book of dance tickets,

The application was granted. were prevented from boarding the evidence given I have no hesitation B. C. Randall, A. 8. P. (R), Mr. His Lordship: Would you be mur- A further application for con ship by the Chinese employees who In saying that I accept the defen-Teo Taun-on, Adjutant (R), Mrprised if it is proved by blood tests demnation and for the proceeds of were decoped from the ship yes- dant's version of the whole transac- FETOZ ALL, A. S. P. (R), S-I. A. W. that the child born is yours the male to be delivered into Court terday and attacked as soon as tion as the correct one and 1 do Mooney, 8-1. Chau and 8-1, Souza, would be surprised,

as droits of the Admiralty in. re they left the wharf.

A free-for-all occurred on the waterfront near the Harbour Office yesterday morning when Chinese employees were attacked, by a gang of hooligans resulting

1

LABE

BLUE

BRITISH

BREWED

Lager

BEER

STALLERVIER

HONGKONG POLWERTED

More people are drinking

Blue Labal

.