1919-03-15 — Page 3

LUCKY LOTTERY TICKET.

AN INTERESTING LAW SUIT.

At the High Court, the Hon. Mr. Justice Macleod, disposed of suit brought by Gilas Weifer Cohen against E S. Gareh for the recovery of Rs. 36,425 being the amount of a prize drawn by a ticket in the War Loan Lottery of the Western India Turf Club,

In May, 1917, the plaintiff, a resident of Batavia, asked one S. S. Gareh, who had a brother in Bombay, to order from his brother, on behalf of the plaintiff, ten tickets in the War Loan Lottery of the W. I, T. Club. Correspondence took place ben tween S. S. Gareh and the

defendant in consequence of which, the defendant enclosed with his letter a list showing the numbers of ten tickets, which he seat him which included No. 17725:

The defendant further wrote to the plaintiff stating that the said rickets had been despatched on the 8th Jane. The plaintif never wrote to the defendent admitting receipt of the tickets and never sent the money to pay for them. He alleged he have had a current account with S. S. Gareh, in which Greh debited him with Rs. 100.

On the 1st August, the plainti telegraphed to the Secretary of the Club stating that he had ordered ticket No. 17725 through the defendant and asking for in- formation as to what steps shouldi be taken to secure the prize.

The Secretary replied that the Club would pay the defendant or any person authorised by him to receive the bonds.

It appeared that the ticker No. 17725 was registered with the Tarf Club in the name of the defendant. The defendant de- clined to endorse the ticket or authorise the Clab to hand over The the prize to the plaintiff. plaintiff thereafter ascertained that the prize drawn by the said ticket amounted to Rs. 36,425.

The plaintiff then filed this suit alleging that the defendant. bought this ticket for and on his behalf as his agent, that it was his duty as such agent to buy them in the name of the plaintiff, and having bought in his own uame, he was bound to do every- thing that was necessary to vest the tickets beneficially in the plaintifi; and alternatively he prayed that the defendant was a trustee for the plaintif of any rights and powers which he held in respect of the tickets and was bond as Baul trustee to do everything that was necessary to vest in the plaintiff the said tickets.

***THE HONGKONG TER GRATH

PIANOS

TO HIRE

FROM

$10.

PER MONTH.

TUNING & REGULAR

ATTENTION INCLUSIVE.

MOUTRIE'S

`Ask for the Original

GALLIN MARTEL

The oldest and one of the best

Brandy Houses in the Trade.

SOLD BY ALL DEALERS.

Sole Agents for Chins

H. RUTTONJEE & SON.

16 QUEEN'S ROAD

JUST

ARRIVED

The undersigned beg to inform the Public that we have just received a New Shipment of Chocolates, Bonbons and Crystallized Froits, as follows:-

Fruits Glaces

Extra

in fancy box

Bonbons Chocolat

ኮነ

11

Caramels Fourres

タテ

"

Nougat

Bonbons in bottle

and

St. Holland Herrings in 10 ib kegs.

THE FRENCH STORE.

tickets would not be enforceable an opportunity of apologizing in this Presidency. It was ob-but he treated the matter with vious that the defendant could contempt. The plaintiff, giving not sus the Club to recover the evidence, eaid that he had lived prize drawn by ticket No. 17725, in the district for 23 years. He so that it remains in their abeo produced certificates showing lute discretion to de'ith the that his wife, himself, and their amount involved.ney think fathers and mothers and grand- parents were all of English birth.

In a further alternative the plaintiff claimed that the defend- ant contracted to sell the tickets the plaintiff and to transfer the sam

o him completely and effectivy with all rights apper tainir thereto; the defendant in fit.

had brea of his contract

After hearing counsel, on the When he heard the rumours he neglected and refused so to trans-question of costs. His Lordship called the defendant's son, and fer tickets and that by reason of said that the defondent would asked him why he had made the The boy said that such breach the plaintiff had have been entitled to his costs if statement. suffered damages to the extent of he had confiued himself to the his father and mother told him Rs. 35,125.

defence of wager. But in his that he was a German. The defendant in his written written statement he had raised witness boxed the boy's ears. statement paro 2 contended that lengthy defeaces, which were On the same night the defendant aabsolutely contrary to the docu-came to the shop and called the agreement subscriber and. the Turf ment of 8th of June signed by witness outside. In the presence. Clab in reference to him, and which had very materi-of a number of persons the defen-' the lottery was by way of wager ally increased the costs of the dant said, "So you are German." and therefore void;

and action. Such conduct on the People in the district were dis- consquently the employment part of the defendant disectitled casing the matter, and betting of the defendant by the plaintif him to any consideration from as to whether it could be proved gave rise to no legal liability ou the Court.

307

between

the defendant by reason of the

His "Lordship ordered each Contract Act and of Section 1 of party to bear his own costs.

Bombay Act III of 1885. The

ed the plaintiff's request

defendant admitted having receivi

to

purchase the tickete through the letter of the 11th of May, but said he never agreed to execute

GENERAL NEWS.

CALLING & MAN & GERMAN.

or not.

+

The

EXHIBITED IN CAGE. Lieutenant Cyril Ball, younger brother of the late Captain Ball, V.C., has arrived home after be ing a prisoner in German-hands for 11 months. He states that he was put in a small barbed wire cage at Ghent and exhibit-

the order for the plaintiff without At London Sheriff's Court eu to the popalace. He received

first receiving the draft for the recently Walter Chuther, an worse treatment at the bands of price of the tickets.

eating-house proprietor, of Bexley the Germans than other prisoners

He denied that be purchased Heath, was awarded £100 because he was the brother the tickets or sent them to the damages against William Frost of Captain Ball. Speaking of plaintiff in pursuance of any Harrington, of Pretoria-terrace the last fight he made when he

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order of the plaintiff. The ten Bexley Heath, for slander. It was taken prisoner, Lieutenant 14 Queen's Road, Central.

tickets which he had forwarded was stated that the defendant had Ball said: "I fell out of the by post to the plaintiff had been circulated a statement that Chu-machine practically as soon as

A terride

purchased by him in his own ter was a German. Mr. Enness, it hit the ground, because the HONGKONG TAILORING CO. name long before he received his for the plaintiff, said that last were still firing at us. brother's letter. The tickets still year it was rumoured that the crowd of Huns did a bayonet stood in his name and were his plaintiff was a German. His charge across the field in which

отд

property, and he never friends shunned him and his my machine landed, and I stood LADIES AND GENTS TAILORING, agreed to transfer the tickets to trade fell away. The rumour and waited for them. They was traced to the defendant, stripped me of my clothes, except

the plantiff.

In diamissing the suit his through his son, who told people my trousers and shirt. The first Lordship observed that assuming that his parents had forbidden thing they told me was that they

to use the plaintiffs were going to shoot me

that lotteries were not illegal, he him

thought that contracts between shop lottery agents and purchasers of The

for

as he was a German, having explosive bullets on my defendant was

given bua,

DRAPERS, &c.,

No. Ic, D'Agullar Street, Central,

HONG KONG

A.

E. HING & CO.

SHIPBUILDING MATERIALS, ́SHIPCHANDLERS AND

HARDWARE MERCHANT9.

*PHONE NO. 1116.

25, WING WOO ST.

CENTRAL

FRENCH LESSONS.

G. MOUSSION,

15, Morrison Hill Road.

THE UNITED BRITISH INSURANCE CO., LTD.,

(INCORPORATED IN ENGLAND) Being AGENTS for the above COMPANY, we are prepared to issue POLICIES - against MARINE RISKS at current

Tates.

-UNION TRADING CO.,

Prince's

~~Chemeral Agentă.

Yorkshirë Insurance Co Limited. ESTABLISHED 1884.

The Undersigned, AGENTS for the above: Company prepared to: ACOKPT RISES