1921-12-30 — Page 3

NOTICE.

Moutrie

Pianos

Made specially for the

Climate

Solid Teak cases

Best materials

Guaranteed seven years

Prices on application.

S. MOUTRIE & CO., LTD.

CEATER ROAD.

E. HING & CO.

SHEFEL DILNIO MATERIALS, SHIPCHANDLERS AND

HARDWARE MERCHANTS.

'PHONE NO. 1110.

25. WING WOO ST.

CENTRAL

DINNER SERVICES. TEA SETS

(FOR 11 PERSONAY

RUCS

CARPETS & TABLE COVERS

HOP CHEONG.

Telephone No. L

Complete House Furnisher

55. Queen's Road Central

C. E. WARREN & CO, LTD.

EXPERT,SANITARÝ ENGINEERS

30 & 32 DES VOEUX ROAD.

HONGKONG.

BEC TO INFORM THEIR NUMEROUS CUSTOMERS

THAT FROM

1st January, 1922.

THEIR OFFICES, SHOWROOMS & GODOWN

will be

98A WANCHAI

TH. No. 269

ROAD.

JUST PAST No. 2 POLICE STATION)

Lager

SOLE AGENT,

DAI NIPPON BREWERY COMPANY "LISTER TOKYO, JAPAN „SPECIALEY BREWED FOR EXPORT

MITSUI BUSSAN KAISHA, LTD.,

HONGKONIL

THE HONGKONG TELEGRAPH. FRIDAY, DECEMBER 30, 1921.

THE BANKRUPTCY OF

MR. HUMPHREYS..

Judgment for Hongkong

Bank.

Judgment was given in HM Supremel'ourt, Shanghai, on Decem- ber gird, in the appoal by the Bank of China against a ruling by his Honour Judge Grain in the matter | of the Coel Hamphreys carpet fao- tory. Both the Hongkong & Shang- hai Bank and the Bank of China elaim the property as security for loans, and the Assistant Judge de- rided in favour of the first named Bank

The Chief Judge said: The facia are that in January last the bank. rupt Humphreys was seeking money for his business and he Saw the manager of the appellant Bank about it. As a result, the letter of January & was written by him and the proposals, therein contained were accepted by the Bank on the same day.

The Banks Dispute

The letters were read, and his Lordship proceeded: The effect was an undertaking by the Bank to advance monies for packing cre- ditor the purchase of raw material up to Tls 30,000 at any vie time: interest to be at per cent, the smount to be guaranteed by Cecil Humphreys & Co. and liquidated by shipments: all banking business in relation to the factory was to be done through the Bank of China. anil a proper legal doctinent of

rearity was to de iraan ng Ex 4] to be noted that the whole mattre was arranged in reference to our carpet factory. No logament of security was ever drawn up and r real stets ever own to have been taken by H Rank"by get önet no monies were advanced for parking credits or the purchase of **W material It not argued by counsel for the Hongkong Bank that if any such advance hai Yeen! made, there mesh hat

equitable charge created in favour of the Bank of China on the fac

tory.

L-

ACEAL

MANUFACTURERS REPRESENTATIVES

MACHINERY & HARDWARE

OF ALL DESC«IPTIONS

ALL BRITISH

Anglo-Chinese Engineers Association, Ltd.

Tel 673

3 Queen's Buildings.

Show Room-

REISS & Co. 15,18 Connaught Rd.

(REISS BROS., LTDJ

EARLIER TELEGRAMS.

P

FRANCE AND THE NAVAL AGREEMENT.

Washington, Dec. 99.

Mr. Rest has submitted to the Naval Committee a proposal for- bidding the torpedoing of commercial ships without warning and insisting that submarines observe the rules regarding visit and search. The proposal was referred to a sub-committee.

Definite agreement is reported to have been reached limiting! the size of guns oi auxiliaries to eight inches; and on capital ships to sixteen.

The French delegution declared their adherence to the capital ship ratio despite the submarine disagreement, bat made a reserva- tion that France desired to begin building replacements in 1917, the stipulated although she did not intend launching before replacement period.

Disappointment and Resentment.

What actually happened was that a few days laser Humplates told the Bank that he hail tot yet got the factors and obtained from them

Landan. Dec. 29. some Tis is for the purpose of,

Keen disappointment and even some resentment are expressed purchasing it; and with that sui

In the United States and Britain af the French adherence to the did actually purchase it. The

claim for 90,000 tons of submarines. It is stated that both 3r.. {cheque is dated January = and it Balfour and Mr. Hughes, replying to M. Sarraut, deplored the fis really in aspect of this sout that French attitude. The British, Japanese and Italian delegate [the changes is claimed Later intimated that this involves the abandonment of the proposed; in the are amuth after other limitations upon their construction of submarines, and it seems it negotiations with the Bank of China, is admitted that the question cannot be re-opened, at any rate at the International Back and the this Conference. It is also calculated to lead to considerable build-1 Hongkong Shangbai Bauk. ing of anti-submarine craft. Humphreys obtained very consider-,

It is suggested in some quarters that the motive of France is able sums of money from the last

to retain the question of submarines as a bargaining factor in the named Bank and executed proper settlement of Anglo-French differences. Meanwhile there is no indication whatever that the capital ship agreement will be affected. American observers, however, fear lest recent talk of a fatore gathering should incline Japan and China to delay a settlement between themselves.

The Motive of France.

Shantung Agreement Wished For.

It is pointed out from Washington that the Shangtang ques tion is the test of the sincerity of Japan's liberal protestations, and the ability of the Chinese leaders to distinguish between dress and realities. An immediate settlement would give the sadly needed impetus to composing other difficulties and could not fail to have the happiest effect on American opinion, while postpone- ment will inevitably raise suspicion and distrust. It is stated that the Japanese delegation has received instructions from Tokyo not to make farther concessions regarding Shantung. It still remains to be seen what mediation Mr. Hughes and Mr. Balfour can do: but for the moment they are occupied with events in the Naval Committee.

TO RESTORE EUROPE'S COMMERCE.

London, Dec. 29,

The question of holding an international Economic Conference, which is on the agenda of the meeting of the Supreme Council at Cannes on January 6th, is at present evoking more interest than the other subject of reparations. It is evident that Mr. Lloyd George faveurs the inclusion of Germany and Bassia in such a conference, but it is indicated here that there will be no attempt to include them except by the desire of the Council as a whole.

legal documents of security to them on the carpet factory. It is not disputed in any way that the deci. sion of the Court below that the charge of the Hongkong Bank is a good one is wrong: what is claimed is that the decision is wrong in that the Judge decided that the Bank of China had no charge under the circumstances above detaited.

Having dealt with the decision of the learned judge below and the ground on which the appeal was based, the Chief Judge proceeded;

In the view I take of the matter, izia unnecessary to decide the difficult and technical point on the Statute of Frauds, nor need I say more than that the Lez Loci Rei Sitar governs, according to the law administered in this Court, trans petions in land in China. For, ad- mitting for the sake of argument that the contention of the Bank of China is correct that the Statute of Fraads does not apply and that Chinese Law does not require a transaction like this to be in writing. it is undoubted that an English Court would scrutinize very carefully in- deed any alleged parol variating of a written contract. Each varia tion of addition must be positive and definite; and the evidence tendered here is nothing like strong enough to carry me to the conclusion that any such was agreed upon. There is only the one witness to it; th other party is not here; his sabse quent dealing with the appellant Bank and with the other Banks do [not lend colour to the story thay tiny such was made, and lastly to [hold that such was done would be to following.

convict Humphreys in his absence of gross fraud-s conclusion from which I shrink unless driven thereto by clear and unmistakeable " evi- dences. The appeal, therefore, mu be dismissed, and the appellantă |

British Businessmen's Plan.

NOTICE.

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THE SINCERE CO., LTD.

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HONGKONG HOTEL STORES.

OPEN DAILY

(Sondays and Holidays inclusive) FROM 7.30 am. to 10 p.m.

BUTTER

Canadian Creamery “Shamrock" Brand

CHEF SE

"McLarens" In balf pound jars Canadian Twin Cheese American Fancy Flat

Canadian Salmon. Canadian Haddock... Canadian Kippers Canadian Bloaters ....

Canadian Turkey

Canadian Potatoes...

...$1.10 per lb.

./

31.25 per far

1.00 per lb.

80 cts. per Ib.

FISH

65 cts. per lb.

50 cts. per »

50 cts. per

50 cta. per

POULTRY

VEGETABLES

...$1.50 per Ib.

08 cts. per lb.

FRUITS

Californian Grape Fruit and Oranges. Canadian Apples

Having the facilities in our refrigerators for carrying large.

The British businessmen's plan for the restoration of Europe's stocks of Meat, Poultry and Game (both cooked and unicooked) we commerce, which will be submitted to the "Allied trade experts at are in a position to supply the public, with produce ready for the Paris to-morrow, and it approved to the Supreme Council, involves table at short notice.

the formation of an International Financial Corporation whose capital will be privately subscribed by the interests it is calculated

to benefit. All orders resalting will be allocated fairly.

Russia's Changed Mood.

·

INDIAN NATIONAL CONGRESS.

Ahmedabad, Dec. 29.

Meanwhile, it is reported that negotiations are pending in London between the Soviets and a British financial group. One Indication of the changed mood of Russia is an offer from Moscow The Committee of the National Congress passed, à resolution to resume the broken off negotiations with Russo-Asiatic Con- that all other activities should be suspended in order to concen solidated for the return of its Immense properties. "..

trate attention on civil disobedience. The resolution urges the

It is now expected that the Cannes meeting will last over ten organisation of meetings throughout the country, notwithstanding days. Sir Robert Horne and the American Ambassador have left their probibition, and appeals to all to offer themselves for arrest. for Cannes. Sir L Worthington Evans and other Britishers are by becoming volunteers. It invests Gandhi, or his successore în--

THE IRISH TREATY.

London, Dec. 29,

case he is arrested, with full powers over Congress organisation, with the proviso that he is not authorized to conclude any term of peace with the Government without the previous sanction of Congress,

The split mentioned on 28th December Khilafat Conference which met slminitapedusly)with the Committee of the Nationalist Congress, The Na It la bellered in Dublin that ratiscation of the treaty is asidized with a dozen dissentients adopted Gandhi's e Unamirmed reports state previously adopted by the Subjects Commiiton between, the followers The resolution xlão, recounmends the mankštais

nce, creed

must pay the faxed costs of the when the Daf Birssan residen Hongkong Bank in this Court

The Assistant Indge concurred

that compromise has been reached

De Valšta and Grinth in favour of