1926-08-31 — Page 7

RENT CLAIM.

SUMMARY COURT JUDGMENT,

In the Summary Court, this morning, Mr. Justice Wood gave judgment in a case in which a claim for rent was made against Mr. A. Gustat, of the Albert Cafe, in respect of a house at Kennedy Road. There was also a counter claim. The judgment was follows:

48

The landlord's claim cannot succeed. The landlord claims a sum accrued due as rent and for this sum, according to the evidence submitted to me, full discharge has already been given.

There has been a conflict of

evidence as to the considération in respect of which the receipt for rent was given. The receipt itself having been acknowledged to be -valid,-it-is-not necessary, in dis- missing this claim, to decide what was, in fact the consideration accepted on the landlord's account, The claim is dismissed with

. costs.

CHANG KAI-SHEK'S

STRATEGY.

COMPARISON WITH OLIEN

DAYS.

THE HONGKONG TELEGRAPH, TUESDAY, AUGUST 31, 1926.

ASBESTOS COMPANY.

BUILDING UP ITS RESOURCES.

The possibility that the com- pany may dispose of its fuvest ments in order to improve its cash Position was mentioned at the on- aual meeting held this morning, of the United Asbestos Orientai Agency, Limited..

"The Kuomintang, Intelligence De- partment reports that General Chang, Kai-shok has well upheld his title as "Siao Chu Gort or "Chu Gert the Leager," the name given

Mr. T. G. Weall occupied the to him when he was the Chief of the General Staff to Chan Kwing-chair, and thera were also present ming.

Mr. W. C. Shiner, Mr. H. J. Silva, Mr. B. S. Vieira, and Mr. G. R. Edwards (Secretary).

The Great Chu Gort, in the time of the Three Kingdome, was the most famous strategist of his time, and has been regarded as such ovër | since. When he found that he was beset by a big armada carrying an immense number of enemy forces, he let loose's swarm of small craft loaded with all manner of com- bustibles in the middle of the night. These drifted down with the car rent in the direction of the enemy ships, and the result was that the was completely great aramudu caught in this great blaze and every ship was burnt and the whole army perished.

The tenants' counter-claim can not succeed as a claim for money

General Chang Kai-shek, says the paid at the landlord's request. Kuomintang, employed the same No evidence of any such request means at the battle of Yochow, has been brought. In the alterna- which was considered amply defend tive: the-sum-is-cluimed-by-the- tenant as damages for the landed by light draught gunboats, lord's breach of covenant. In the agreement for the tenaney the landlord covenanted to supply gas fittings for the demised promises

but these had to beat a hasty re- treat down the river in order to

escape the fire. Thus was Yochow captured casily, and without much loss to the Revolutionary-Army: It I find as a fact that when posses-is also stated the the Northern sion was given under the agrees soldiers, when they saw a great ment, this covenant,had not been dark mass moving silently and fulfilled. I find also that the eum slowly towards the gunboats, were claimed as damages was the sum in fact expended by the tenant to greatly mystified, and when, all of a sudden the black, mass gave place make good this brench of

to a tremendous blaze, the greatest covenant and also that He

consternation was created among expenditure was reasonable.

them, and the soldiers took to flight in disorder, leaving their arme and ammunition behind..

It was suggested for the land lord that the counter-claim must Tail because the expediture was incurred by the tenant without notice to his landlord of the alleged brench 'of covenant. This defence does not seem to me to have weight... The notice by the tenant, which is necessary to create a breach by the landlord of a covenant to repair, is not neces- sary to create a breach of this covenant.

1

CORRESPONDENCE.

HONGKONG NEEDS.

(To the Editor of the Hongkong Telegraph.]

This covenant is to supply gas fittings at the commencement of a tenancy and at a time when the Sir, "Common Fry echoes the landlord had already means of full sentiments of some thousands of knowledge of his own default; long-suffering individuals in this The real obstacle to the success Colony, of the counter-claim is evidence Certainly it is time for a public given for the landlord with com-protest- All in favour signify in pensation, for this breach of the usual way-send in your let covenant had been already given ters to the newspapers. It will to the tenant, by the credit allow be a simple matter to stage the ed, of the sum expended, in the protest. Let us hear from other account for rent.

BufferersYours, etc.,

According to the evidence for the landlord, "this credit W13 allowed, in account. The tenant claims to have made a full pay- ment of his rent in money. If the

WEARY.

Hongkong, Aug. 30th, 1926.

tenant's story be accepted, he has | KWANGTUNG UNREST.

THE "ANTI-REDS" .ACTIVE,

Taking advantages of the absence of a large force, of Kuomintang troops at the "front" in connection with, the Northern Expedition, "anti-Reds"

The notice convening the meet- Ing was read by the Secretary,

ון

CHAIRMAN'S SPEECH.

The Chairman sald:Gentle-

men, the balance at credit of profit and loss account for the year end- ing 31st May, 1926, is: $4,678.78. after allowing for depreciation making réservation for bad and doubtful debts. With the sum of $4,481.12 brought forward from previous year, there is the sum of $9,159.90 to be dealt with.. It is proposed to appropriate $5,000 to write down cost of patent rights,. plant, etc., of Metallisation, Ltd., and to carry forward a balance of $4,159.90 to next account.

necessary

of stocke and

It is to be regretted that figures do not permit is to recommend, a dividend on this occasion, but it is many years since you have had to go without a dividend and I am sure you will agree that it is far better to build up our resources than dig into reserves at the pre sent time.

The accounts call for little com ment, except that it may become advisable to dispose of our invest- ments in order to improve our cash position, Conditions in our line of trading have been deplorable dur- ing the whole of the financial period under review and I think we must consider purselves lucky to have come out on the right side.

I referred at our last meeting to the fact that we had secured. the patent rights' and parchased a plant for a proces of spraying different metals, called "Metallisa- tion." I had hoped that the re. sults of working would have been reflected in the present profit and loss account. Unfortunately, we

faced with have been

circumstances unforeseen delay in making a start with this process here has been unavoidable. The plant is now "practically ready to start up and we hope, to give a demonstration to our en gineering friends and any share- holders that are interested. All we shall require after that will be plenty of work.

many

and

I now propose the adoption of the report and accounts as pre- sented and when this has been seconded shall be glad to answer any questions to the best of my ability.

Mr. Vieira seconded, and the report and accounts animously adopted.

were

un-

not yet been compensated in respect of the landlord's default, and the counter-claim succeeds. If, on the other hand," the land. lord's version be accepted, com- pensation has been paid to the tenant and the counter-claim falls. On this issue of fact the onus of proof lies upon the landlord, who affirms that compensation has been paid, and he must prove his affirmation: It is on the grounds In addition to Kwangling, Wu-Mr. Silva and carried unanimous- that this onus has not been dis- hut, and Kukkong, where the ly

OTHER BUSINESS.

The re-election of Messrs. Lin- stead and Davis as auditors at a several districts of Kwangtung remuneration of $300 was propos- ed by Mr. Shiner, seconded by are now very active, '

in.

charged-by-the-landlord-that-my-nti-Reds" have inflicted severe This concluded the business of decision resta. Without having it

blows on the "Reda"" before the the meeting. proved as a fact that the tenant has paid his rent in money, (it latter, could reduce the rentals is not necessary to do so), I still originally paid to the landlords, give judgment for the tenant, the Volunteers in Heungshan- because the landlord has not the champions of the people satisfied me that the credit alleged whom the Kuomintang are aiming was, in fact, given ir account to to suppress at every opportunity the tenant..

The counter-claim, therefore, in my opinion succeeds with costs. "I will add that I and nu reason to question the bona fides" of the landlord himself,

are now taking exception to the actions of the Kuomintang and Strike Committee pickets On August 22nd. Volunteers near Nam-long Heungshan, disarmed A picket squad, arresting eight "I give judgment for the defend-pickets who could not get away.

of The 200 members ant on the writ, both on the claim And on the counter-claim with

costs.

A temperature of 94 degrees was registered at Amoy yesterday.

The master of the s.8. Hong Ping from Rangoon, reports the death of a steorage passenger from heart failure.

To mark the annual feast day of ricksha and chair coolies who are natives of the Waichow district, a lengthy and noisy dragen proces sion was held in the town to-day

VALENTINO'S OBSEQUIES.

COFFIN CARRIED THROUGH CROWDED STREETS.

New-York, Aug. 30.

The cinema star Rola Negri, most tearful and accompanied by a doctor and a nurse, was promi- thenont among the film celebrities Peasants Corps at. Tahyun, a crowding St. Malachi's Church for north Kwangtung district, have a Requiem Mass for the late wired to the Kuomintang Hend-Rudolph Valentine. quarters for aid, stating that nine The coffin was carried two miles villages, in which both, the down crowded main streets and Kuomintang and the Peasants later was borno back to the mor Lengue Headquartórs are situated, tuary where it will remain until á have been destroyed by the burial place has been selected. People's Volunteers who, they say, Hundreds of police controlled, are some 500 strong." The Velun- dense but orderly, crowds and teers are being accused of having hundreds of motor slain 11 number of so-called Rudolph's first wife and a repré- "Reds." The Kuomintang-ites in sentative of his second wife fol- Fahyun are accusing the Volua-lowed the coffin.-Router's Ameri- tears of having accepted advice con Service.. from the "anti-Reds" to oust their comrades from Fahyun.

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cars.

The 1st Batt. King's Own Scot tish Borderers are due to arrive Visa fees between Japan and the In the Colony on October 22nd. United States will be abolished The 1st Batt. East Surrey Regi- for temporary visitors. Japanese ment will embark for India on studenta travelling to the United October 27th. The Surreys will States and American missionaries hold a special ceremonial parado port has been adopted unanimous travelling to Japan remain unex on October 15th; when the colours

7 by the Bavarian Diet.

will be trooped.

A Nationalist resolution 'request- ing the Bavarian Government to make representations to the Reich Government with a view to the re-examination of the Dawes Re-

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