1941-06-07 — Page 11

HONGKONG DAILY PRESS

PRESIDENT LINER

Sailings

To SAN FRANCISCO and LOS ANGELES

vis SHANGHAI, KOBE & HONOLULU

5.S.. "Pres. Cleveland" June 9

SS. "Pres. Coolidge" June 16

To NEW YORK and BOSTON

via MANILA, SINGAPORE, FENANG, COLOMBO,

To MANILA

and CAPETOWN

8.g. "Pres. Garfield” Aug. 24

8.8. "Pres. Hayes" Aug. 9

To SINGAPORE via ·MANTLA

9.8. "Pres. Coolidge". June B

15.8. "Pree. Madison"

Jupa $4

*Dorothy Luckenbach

June 21

*Harry Luckenbach

June 28

To NEW YORK and BOSTON'

Ta SAN FRANCISCO, LOS ANGELES and PANAMA

S.S. "Frés. Taylor"

June 10

Harry Luckenbach

July 26

8.8. "Pres. Madison"

July 15

Andrea Luckenbach

July 19

*S.S. "Pres, Harrison"

Aug. 12 Aug. 98

+Omits. Boston

+ Singapore direct

*Dorothy Luckenbach"

• Cargo only

AMERICAN PRESIDENT LINES

"ROUND-WORLD SERVICE” AGENTS FOR TRANSCONTINENTAL & WESTERN AIR

AND UNITED AIR LINES 12. PRODER ST.

THL 28171.

N.Y.K. LINE

SAN FRANCISCO & LOS ANGELES via. Honolulu.

YAWATA MARÜ

ASAMA MARU

SEATTLE & VANCOUVER (Starts from Kobe).

HIE MARU”

* NAKO MARU

441

Wednesday, 11th June Wednesday, 2nd July

Monday, 23rd June

Thursday, Saturday,

NEW YORK via Japan & Panama

*NOTO MARU

26th June 19th July

Japan Holds No Menace If U.S. Is Firm

קט

GLASS DEALERS WIN CLAIM FOR RETURN OF FREIGHT DUES TOTALLING $1,166

Written judgment in the action in which the Lung Kwong Firm, of No. 55 Wellington Street, ground floor, dealers in glass, claimed Shipbuilders was delivered by Mr. Justice F. E. F. Cressall at the $1,000 from Chan Sik-hong, managing partner of the Shing Hing

Summary Court yesterday.

NEW YORK, May 1-Japan re presents no menace to, the United States provided this country takes

Plaintiffs brought the claim against theong Tin-lai, the Shing a firm stand in the Orient and follows

her warnings with Hing Shipbuilders and Chan Sik-hong for the return of $1,168, the forceful demonstrations ace.rd-equivalent to Chinese National $5.300, being money paid on account og to Maf Ronald Bodlev. British to defendants as 60 per cent of the freight charges in a deal to veteran of the first World

transport goods from Hongkong to Shul Tung Ching" War

Plaintiffs were represented by Whereas I received on Feb. 22 this Mr. Alfred S. K. Lau and the de- year from the Lung Kwong Firm fendants by Mr. F. H. Loseby. the sum of Chinese National $5,300,"

THE JUDGMENT

being the amount of freight and whereas the ship is being (or has been sold to some other party, I am willing to refund in full to the owner of the goods on the 15th in- stant without fall the amount of freight originally received by me.'

and one-time professor in a Jap- anese university..

"During the whole time I was in tha Orient. I saw but one thing In this Japanese-American rela- tionship-intense fear on the part of the Japanese for the United States." Major Bodley "said in an address before a meeting of the English Speaking Union here yes- terday.

RESPECT FOR FORCE "Ther have no affection for England or Germany or, Italy or America. All they care about is themselves and their future in

Asia.

His Lordship said.

In this case the plaintiff's claim the sum of $1,000 which they allege is due to them by the defendants.

Put shortly the facts are that the plaintiffs agreed to ship cer-} tain goods from Hongkong to Shul Tung Ching by the first defen dant's junk and pald the sum of $1,166 on account of the freight.

The second and third defen-

dants signed a guarantee dated Feb. 2 under which they made themselves table in the following

terms:-"

But they do respect force "If the Japanese believed they could occupy, Borneo and Sumatra

In the event of the junk meet and Java and then. Australla with- vut encountering serious oppost-ing with any Japanese war vessel. lion, they would du so tomorrow. or pirates, or a typhoon each party Moreover, they will do it and pre- shall abide by their own fate, But sent the accomplished fact to the in the event of the owner of the world, unless the United States Cheong Tin-ta's junk causing a makes it definitely clear that such loss to the cargo or conspiring to an action will lead to war."

defraud in respect of the freight

WORTHLESS PACT

to

Major Bodley said the Japanese- Russian Pact W3Ls Intended frighten the United States and intimidate the British and Was "worth practically nothing." Both almatories will observe the arti

The money was not refunded,

however, hence the present action.

Now so far as the guarantee is concerned it is clear that neither of the contingencles guaranteed tiffs received back their goods and against has occurred. The plain-

admit they suffered no loss in that

respect. They also agree that the which could be termed Junk owner has done nothing

а Соли

told by him that he proposed to spiracy to defraud since they were

sell the junk and were apparently satisfied to remove their goods from the ship...

PLAINTIFFS' CÔNTENTION

for the plaintiffs, however, that It is contended by the solicitor

duly received in advance by him the guarantors, namely the Shing: Hing Slipway, shall bear the whole the plaintiffs are entitled to re- ceive the money upon a considera- responsibility and pay compensation which has falled, or altera- tion in full...

FAILED TO SAIL

tively as money had and received by the defendants to the use of the

I fail to see how such an argu- can be sustained against

The junk having falled to sail plaintiffs. cles of the pact only while it is from Hongkong. the plaintiffs off! convenient for them to do so, he loaded their goods, and obtained ment held, addlog. it had "po more from the owner of the junk a do- the second and third defendants. significance than any of the other cument worded as follows:-

"I Cheung Tin Tal non-aggression agreement signed during the past 10 years

maker Of .this written

SOUTH AMERICA (WEST COAST) vin Hilo & San Norway's Shipping

Francisco.

HEIYO MARU

COLOMBO & MADRAS via Singapore

* TUTTORI MARU

Tuesday,

24th Juno

Friday,

20th June

Monday"

9th June

SYDNEY & MELBOURNE via Manila...

*ONOE MARU

SAIGON

• TOTTORI MARU

* LIMA MARU

Friday,

20th Jane Saturday, 28th June

BOMBAY via Singapore & Colombo.

ANYO MARU

• TOYOOKA MARU

RANGOON & CALCUTTA

* LIBBON MARU

* LIMA MARU

KOBE & YOKOHAMA

→ MATUE MARU

YAWATA MARU

• NAKO MARU

ASAMA MAR"

⚫ Cargo only."

28th 'June

Wednesday. 11th June Saturday, via Singapore

Saturday, 7th June Saturday, 28th June

Thursday, 12th June Wednesday, 11th June- Thursday, 26th June Wednesday, 2nd July

NIPPON YUSEN KAISYA

N.Y.K. King's Building

Telephone 30291.

TRAVEL A.-0. LINE

To AUSTRALIA

Calling at Manila, Thursday Island, Cairns, Towns-

ville, Sydney & Melbourne, etc.

In The War

1:

ami

Their role in the transaction was the that of guarantors for the per- proof.formance of something by a third

party. It is true that they signed. the receipt for the money' received but that does not in my opinion make them parties to the contract of carriage. That contract was ar- ranged between the junk owner and the shipper and if there is any ability to refund the money it is his and not the guarantors.

Losses

Let 128 therefore examine the position of the junk owner ie, the first defendant.

The first comprehensive figures on Norwegian shipping - losses during the war bave been released by the Norwegian Shipping and Trade Mission in London. Since the European war started In Septem- ber, 1939, and up to, and including February, 1941, Norway lost 159 ships, or a total of 562,521, tops. To this must be added six shipwreck-

·LIABILITY ADMITTED ed freighters with a combined tonnage of 20,805 tons.

From the evidence I am satisfied During the period from Septem, sailors have lost their lives since that he failed to carry out his un- her, 1939. to April 9. 1940, when the European war started. From deftaking and that he admitted his Norway was invaded, M. Norwegian September, 1939, to April 9, 1940, ability to refund the amount paid ships totalling 118,283 tons were 800 crew members of Norwegian to him (see Exhibit 0). He 15. lost. However, so many ships were ships perished; while 313 addition- thus, in my opinion. Hlable to re- added to Norway's merchant mariul lives were lost between April fund the money he received.. ine during those months that her and December 31, 1940, including

There will, therefore, be judg- total tonnage was slightly larger 45 allen seamen. To this total mustment for the plaintiff as against on April 8, 1940, than in Septem- be added 100 sailors who have beep the first defendant for the amount ber, 1939.

reported as missing, although it is claimed with costs and judgment believed that some of them have with costs for the second and third

AFTER INVASION

For the months following the in-been taken prisoner by the Ger-defendants The execution of this vasion until December 31, 1940, thejmans. In the months of January-Judgment under section 371 of the loss of Norwegian ships amounted February, 1941, 98 lives were lust. Code of Civil Procedure so far as to 77 with a total tonnage of 354,- The Royal Norwegian Govern the imprisonment of the judgment 322 tons. Two Norwegian ships inent today still operates some 300 debtor or debtors is concerned is (11,267 tons) were sold during this ships with a tatal tonnage of 3,600,- stayed with liberty to the Judg- period.

000 tons. These modern freighters ment Creditor to apply. In the month of January. 1841, are sailing under the Norwegian Norway lost 20 ships representing flag, and a large number of them LONDON, "June 6 (Reuter)—Ad- 64,361 tons, and in February. 8ars carrying vitally needed supplies miral Esteva, Resident General in Norwegian ships totalling 24.955 to Great Britain. Those who manTunis, arrived by plane in Vichy tons were gunk

these

ships are truly Norway's on Thursday evening reports the More than 3 thousand Norse front line soldiers.

Swiss Radio...

SATURDAY, JUNE 7, 1941. -PAGE 11

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