Intimation.
WM. POWELL,
LIMITED.
'LADIES'
DEPARTMENT, "ALEXANDRA
BUILDINGS,"
Des Virue Roud.
MAKING!
DRESS-
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All orders turned out in First-class Style.
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NEW GOODS
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PRETTY
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DAINTY
RIBBONS.
CHIFFONS
AND LACES.
A. Splendid Stock of LOVELY
MUSLINS
at very reasonable prices, and a large range of wash- every known ing fabric for summer dresses.
INSPECTION INVITED.
THE HONGKONG TELEGRAPH WEDNESDAY, APRIL 5, 1905.
Kutimations.
THE WISE MAN
BUYS A SINGER"; IT'S TRUE ECONOMY.
-5 Years' GuarANTÈE;
FREE INSTRUCTION;
EASY PAYMENTS It's something you need.
SHOW ROOMS: WYNDHAM STREET. flongkong, 25th March, 1905.
CHINESE ENGINEBRING AND
MINING CO..
JUDGMENT FOR THE PLAINTIFFS, JUDGE'Á STRONG REMARKS. [Continued from yesterday.] CONTRARY TO THE PLAINEST PRINCIPLES
OF EQUITY,
Under the circumstances, I am of opinion that to allow the defendant company, while they insist on retaining the benefits of the transfer, to escape from the obligations of the 148 memorandum upon any such pretext "as that
MPLOYE de caminerce, Agd dat 29 ans,
d'importantes fonctions dans de grosses maisons, connaistant à fond de comptabilité en partie double, parlant comammen: le Francis, PAL- Jemand, le Hollandais, Plodies" et l'Anglais désirerait une situation dans l'une des villes de
Epoxie de mise, ayant did occupé,
la côte de Chine.
Très bonnes références-Appointements: de 5 a 6,000 dollars par an. Ecrire aux initiates L. V. an Journal "POpinion " de Saigon.
Saigon, le 2 Mars, 1905.
Пloover or De Wouters were not authorised to
Now
Entertainment.
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HONGKONG AMATEUR DRAMATIC. CLUB.
“ONE SUMMER'S DAY," A Comedy in 3 Acts by H. V. ESMOND, will be produced FRIDAY, 7th April, 1905. SATURDAY, 8th MONDAY, 10th 19
Prices
L
TE
11
$3, $1 and $i. Sailors and Soldiers in un form half-price in Fit Stalls and Pt.
Hongkong, 24th March, 1905,
[4
ing soro of these shares are allotted as fully paid up to the defendant Moreing and 150,000 as fully paid up to the Oriental Syndicate, and It was resolved that the board tigree to allot to the nominees of the Chinese Company $375,000 liares. These, of course, were for the share- holders of the Chinese Company, and then (this is the extraordinary part of it) to the nominees of the Oriental Syndicate 474,993) shares that, is, all the rest of the capital, deducting the seven shares required for the signalories of the memorandum of association think there 414,000 odd shares are not in the minutes, if I recollect rightly, exp essed to be fully paid up, but as I understand they have been always so treated and dealt with. agree to its terms, or that it was impossible for the plaintiffs, very naturally, complain of this the defendant company to perform some of transaction. Suppose it be granted that the these terms without altering its constitution, would be contrary to one of the plaines $9,000, and even the 150,000 (making together principles of equity. It would be to sanction 200,000 shares were to go for promotion
profils if indeed that were allowable-why Booking Office at ROBINSON PIANO CO., such a flagrant breach of faith as, in my opinion, could not be tolerated by the law of were 424,993 fully paid-up shares of the com.en on and after MONDAY, 3rd April, from any country. In this Court a purchaser of real pany to go among the nominees of the syndi-9 AM 04:30 PM., each day.
ARTHUR CHAPMAN, cate for no consideration that I have been estate, even though he may have obtained
Business Manager, possession and an actual conveyance may have able to discover? In short, it appears to me been made to him, will not be allowed to keep upon the facts that transpired in the course of this trial, that there are at least plausible the property without discharging the considera- tion for the same.
Both at law and in equity a grounds for contending that the company has person who claims under a deed, though he been defrauded of nearly 425.00 shares, to the injury and loss of the Chinese shareholders, my not-have executed it, must give effect who were justly entitled to the 375,000 shares. all its provisions; and for the purpose of apply. These shures, as I understand, are not of a' ing th's principle to the present case, 1-am entitled, I think, if necessary under the cir- merely nominal value, but are being or have cumstances, to consider the transfer and been sold at a price above par: for the plaintiffs memorandum as practically one instrument. Say, and it seems to me with reason, that the value Nevertheless, the defendant company, not be of the 375,000 shares coming to the shareholders of the Chinese Company for the purchase of ing able, or not choosing to agree with his
their property, undoubtedly of great value, is Excellency and the Chinese shareholders as to the meaning and effect of the memorandum, substantially-it may be to the extent of one or finding it inconvenient to fulfil its obliga-half-reduced by the issue, for no consider. tions, took up the position that vis a vis the ation whatever, of these fully part-op shares to the promoters or their nominees. The defend- defendant company the memorandum was of an binding effect; that the agents who obtained ants have endeavoured to excuse the promoters by saying that of these shares 250,000 had been See our Grand Christmas Display.
and exvented the so-called transfer had no Cakes, Bonbons and Confectionery of all authority to enter into the memorandum, and so on; in short, the defendant company, the defendant Morcing being then a director, and, as he now says, overborne by his colleagues, repudiated the memorandum and set the plaintiffs at defiance; and thereupon the pre- sent action was instituted,
1332
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Hongkong, 17th December, 1954.
146-
LEVY HERMANOS
DD,
MERCHANTS, JEWE LERS AND WATCHMAKERS.
في
In due course defences were delivered, one The Weissmann Most Up-to-date Café by the Moreings and the other by the company in the Orient.
I do not consifier it necessary to discuss these in detail, Suffice it to say that buth, as I read them, dispute the inemorandum, insisting upon every objection, whether well founded in fact or not, that could be raised to it, some of these objections, to my mind, being under the circumstances not very creditable. Ultimately his Excellency and Mr. Detring, as I cannot help suspecting somewhat to the disappoint ment of the defendants, came over to this coun- try for this trial and gave their evidence before At length, after the evidence and cross- examination of his Excellency were completed, and Mr. Detring, the other witress on the part of the plaintiffs, had been examined in chief and cross-examined on behalf of the Moreings, and in the midst of his cross-examination by the lead ng counsel of the defendant company, a remark of mine clicited the statement, then for the first time made, that the defendant com- pany did not dispute the memorandum. Tadeed, in my opinion, after the evidence
EASTMAN'S
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Prices Modera. Telephone No. 329 Hongkong 1st October, 1904
AN APPEAL.
EGC
done so with the slightest prospect of success, or, indeed, as I think, honestly. But they began lo suggest questions as to the construc tion or effect nl the document and technical diffira ties in the way of the plaintiffs obtaining the relief which they claim in the action. Later on it appeared that the counsel for the orein,s also were not able, or, as they pos sibly would say, did not care to dispare the In other words, the memoran- dum is now it may almost say admittedly) binding, as, indeed, it always was. This memorandum, however, does not, in my opinion, either with or without the transfer, constitute a contract of such mature as this Count could decree specific performance of. cannot directly order that it should be carried Gentlemen's Shirts made order, and Cuffa into effect, and I think there would be great and Collars relesed on old ones.
THE SUPERFRISS of the ITALIAN memorandum
CONVENT, CAINE ROAD, begs most res restulie to ANFAL in the Residents (1 Hongkang and the Coast Ports, for their kind patronage and support, and desires in state that she will be pleased to receive orders for all kind: of NEEDLE WORK.
Ladies and Chulden's Under-clothing, Em dren's Dresses, and all kinds of Embroidery, Materials can be supplies, if required.
The Superioress will also be most grateful Deany PAPER, orald ENVELOPES to be made m's Ranks for the Children of the Poor Schools, who are tight to the Sisters
Hongkong, 1, nt Anglais
JUST UNPACKED.
ESSRS. PEEK. FREAY & Co's well.
difficulties in the way of the plaintiffs main taining an action for damages upon it against any of the defendants, But I bald and declare that the memorandum dated February 19, 1901, is binding as against the defendants, and that the defendant company was not, and is not, entitled to take or retain possession or control of the property comprised in the transfer or the benefits thereof without complying with and performing the provisions and obligations con- lained in the memorandum. In other words, I am of opinion tha', unless within a reason- able time the provisions and obligations of the memorandum be complicù with and performed, this Court ought to do what it can to restore to the plaintiffs the mines and property, the
given as a bonus or additional consideration to persons who subscribed, £500,000 to the cam- pany upon the security of debentures, which debentures were issued without the consent or knowledge, so far as I can make out, of the Chinese shareholders. The plaintiffs reply that it was not necessary to issue nearly so large an amount of debentires, and that of the money so raised, £200,000 or thereabouts, has never bech expended, but is still to the credit of the defendant company with their bankers, and also that the money, if required, could have been obtained without sacrificing the shares. No offer of the debentures was made to the public, but the promoters, as I understand distributed the shares and allotted the de- bentures among themselves and their-friends, who I suppose still hold the debeatures and the 424,993 fully paid-up shares, for which nothing has, in fact, been paid. Now ertainly the proceedings of the Board of Directors of the defendant company in the month of May, 1992, are of a remarkable nature, though I de not pretend to have given a complete state. ment of all the facts. They have not yet been fully investigated: At all events, it seems to me I cannot set the matter right in this action, which was not framed and is not properly con. stituted for the purpose. The only materiality in this action of the apparently unauthorised Issue of fully paid-up shares is that it is put
Notice of Firm,
TRANSATLANTIC FIRE INSURANCE
COMPANY OF HAMBURG.
beg to give notice, that WE HAVE RESIGNED THE AGENCY of the above- named Company from This Date.
STEMS ÉN & Co. Hotikong 31st March, 19-5.
Cantor,
Intimations.
ΑΝ
Entimations.
WANTED:
N EXPERT TYPEWRITER, Good
Salary to a Quick Worker, JOHNSON, STOKES AND MASTER... Hongkong, 31st March, 1905.
THE EAMOUS Hab
A SHARPUTTLE SHAVER
• WEIGHT LESS THAN OUNCES.
(430
Razor
THIS RAZOR by Razor ty HIS DWARF KAZOR has superseded
its use Shaving becomes a pleasure. It is manufactured in Sheffield, England, from a special saialgum of steel which makes imita tion unpossible, and in consequence it enjoys the largest sale of any Razor in the World Thousands of Testimonials testify that the
·Mile "MAUI” is the finest shaving implenient ever produced.
Will be mailed to any address on receipt of the price (S2), post free.
To be obtained from Tux MUTUAL STORES, WATKINS, LIMITED, and all first-class stores in the Colony.
Sole Agents for Far East, HOWARD & Co., 29. Des Voeux Road,: Central, Hongkong, Agents wanted in every part.
For particulars and teṛnis, apply lu-m
HOWARD & Co,
[63
Hongkong, 24th November, 1901.
ESPECIAL OLD TON GIN.
[Marshall and
Elvy's
Satinette
THE HONGKONG ROPE MANUFAC- TURING COMPANY, LIMITED,
HE TWENTY-FIRST ORDINARY TANNUAL MEETING OF SHARE "HOLDERS in the Company, will be held in the Company's Offices, &. George's Building, No. 6, Connaught Road, Victoria, on SATUR DAY, the 8th April, 1995, at 1 A.M., for the purpose of receiving Statement of Accounts and the Report of the General Managers for the year ending 31st December, 1904, declaring a vident and electing & Constking -Com-," mittee and Adaos.
The TRANSFER BOOKS of the Company will be CLOSED from WEDNESDAY, 5th, *ATURDAY, 8th April, both days inclusive
SHEWAN, TOMES & Co., General Managers. Hongkong, 25th March, 1905
S. MOUTRIE & CO., LD., PIANO AND ORGAN MANUFACTURERS. 40
14, QUEEN'S ROAD, PIRST FLOOR,
(417
a
AVE just received a shipment of second HAVE free for 5:00 upwards, and when guarantee for a test period of TWO Years given for each instrument.
A large consignment of records at the low figure at $1.80 each, 5, on wholesale unders.
The largest and most varied Stock of Music in China. Inspection solicited. Our work-
forward as a ground for a claim to damages aneu are experienced men.
made against the defendant Moicing in respect of the consequens diminution in value of the 375,000 shares going to the shareholders of the But this claim, as i Chinese Company: appears to me, if it could be dealt with in this action, must be founded upon a breach of the terms of the memorandum, which was no Boubi executed by Hoover as agent for the defendant Murcing, do not, however, find in the memorandum any contract by th defendant Moreing that no shares shall be Issued as fully paid up, nor indeed do I see anything to prevent full paid-up shares being issued by the defendant cum priny bona fide for a proper purpose and a proper consideration Nor do I see how the Moreings are directly respon ible to the plaintiff for the improper issue of fully paid-up shares to the Oriental Syndicate or as nonunces (if such issue was improper); in other words, i do not think I am able to make the defendant Morcing, or his firm, responsible in this action for any loss sustained by the plaintiff, through the mis feasance of the directors of the defendant Company or of the Oriental Syndicate as promoters of the defendant company. But my jud, ment in this action be expressed to be without prejudice to any act on ur other proceedings that may be taken by or on behalf of the defndant company, or against any of the defendants by a y nue in reference in the promotion or formation of the fendant company, or the issue of any shres or debentures thereof or any of the transacuons of the same company or its directors.
[To be continued.]
COMMERCIAL.
Mknown BISCUITS of the day, viz-subject of the transfer, and, probably by in- EVERTON, FAMILY, MARSENA, VEDA, junction if necessary, to prevent the defendant
VENICE and PLASMON.
company, its agents and servants, from relain- PLASMON BISCUITS are more easily digesteding possession. The plaintiffs, therefore, suc and afford greater nourishment and sustenance ceed upon the principal issue in the action, France-Blank T.T. than any other. PLASMON is a pfeparation which answers in the scientific knowledge of and, in my opinion, are entitled to their costs. the day all the Requirements of an Ideal Food.
1
MESSRS, CHAS. SOUTHWELL'S PREPARATIONS. JAMS and JELLIES in Glass Jars are
specially prepared from Fresh Fruits. NONREILS, VOICE JUjubes, Lime Dates,
SWEETS in Glass Jars as follows:-MIXED
PLEE DATES, MIXED PASTILLES.
Inspection Earnestly Solicited.
H. RUTTONJEE.
THE QUESTION OF DAMAGES.
must
WE DEFY COMPETITION. INSPECTION INVITED. Hongkong, 4th March, 1905.
THE HONGKONG
STUDIO,
[305
HIGHER CLASS PHOTOGRAPHER, 41 & 43, QUEEN'S ROAD CENTRAL, TOP FLOOR.
ORTRAITS, GROUPS and ENLA GING and COPYING in all Sures
LANGE SELECTION OF VIEWS ALWAYS (N HAND.
PRICE VERY MODERATE Hongkony, reth September, igra
MEE CHEUNG.
PHOTOGRAPHER,
TOP FUDOR OF ICH i sr.
For if we fou
159
15 now in a position, in us New ant Com 1 tatems Premises, in et lapsa, as seen at ALL POTOGRAPHIC ART PRACTICEL a the Lanny or in any part of the Far East.
GROUPS AND VIEWS
riskanų, pand Septembr. 10%
56
10 16 THE W ricHow REMEDY
TAY'S EXCHANGE,
Selling
Do.
London-Bank T.T.
demand
...... 101
Do.
4 months' sight
10
TRADE
2.31
...142
1971371
137
72
10
months' sight L/C, 6 months' sight L/C.
4 months' sight
Buying.
America-Bank T.T. Germany-Bank T.T. India T.T. I now proceed to consider the plaintiffs' Do, demand ................... claim to damages. The de'endant company Shanghai-Bank T.T. has all along claimed, and still claims, to have | Japan-Bank T.T. acquired all the property of the Chinese Com-lava-Bank T.T. pany by virtue of the transfer of February 19, igor, expressed to be made in pursuance of the agreement of July 30, 1900. Nevertheless, by an agreement dated May 2, 1901, nearly three months afterwards, and expressed to be made between the Oriental Syndicate of the one part, and the defendant company of [58 the other, the whole of whose nominal capital was £1,000,000 in a shares, the 'syndicate effect to sell to the company the benefit of the aforesaid agreement of July 30, 1900, for 3 purchase consideration of 979,993 of these 1,000,000 shares to be allotted as fully paid up to the syndicate or their nominees, and the sum
5, D'Aguilar Street, Hongkong. 37 & 38, Elgin Road, Kowloon,
March, 1905.
Hongkong, 22
NOTICE.
HE Public are hereby informed that no THE
change has been hade in the Rates of Subscription to the Hongkong Telegraph and
TEN CENTS (10cs.) per Single Copy.
THE MANAGER,
Wm. POWELL, Ld. they are warned against paying more than of £2,000 odd in cash, being the amount of the
HONGKONG.
Hongkong, tat April, 1905,
Hongkong Telegraph Co., Ltd. (35) Hongkong, th September, 1993.
fees paid by the syndicate on the registration
of the defendant company. This agreement
do.
..'108.
30 days' sight San Francisco & New York 457 jo days' sight Sydney and Melbourne 4 months' sight Frones. 6 months' sight
..1/10
..2,36
2.35
ท 4 months sight Germany..................... 1.92 Bar Silver...................ELETTE Bank of England rate .............
OPIUM QUOTATIONS. To-day's quotations are as follows:-
Malwa New
Old
1
12
Older
Oldest
"
.2%
Per picul @ 1,130
@.1,175
@ 1,250
@ 1,330
Per chest
of May 3, 1901, was sealed at a meeting of the Paton New ................................. @ 1,1271 board of the defendant company held on the Benares Now...............@. 1962): asth of the same month of May." At that most. | Persian (Paper) ....................................@ 780/910
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4 quarts Sig.co
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Hongkong, tóth March, 1905.
No comments yet.
Private notes are available after approval.