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Agente
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HONGKONG
Turn Over Can Be Too Rapid
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THE
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French Bank Building, Hong Kong. Tel. C. 1500.
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LITIGATION ENDS.
DISPUTE OVER FISHERMAN'S ALLEGED DEBT.
The considerable litigation which arose consequent upon a debt which was alleged to be due from a Taipo fisherman to a Taipo fish. shop has been finally settled. Mr. Justice Jacks yesterday deliver- ing a written judgment in Which he found in favour of the fisher- man with costs.
Originally the fisherman, Les Wo-huen, brought a successful action for damages for wrongful Imprisonment against Cheung Ta kwai, Cheung Kang,, the first named master of and the latter assistant at, the Wo Shing Hing Lung Fish Shop, Talpo, and Lai Shing, a de- tective at Taipo Police Station. He was then given judgment for $500 damagės. It Wis in the course of trying to collect the alleged debt that the action for damages arose.
Following this the fish shop brought an action in the Summary Court for the recovery of the debt, cluiming $588.17, being $351.60 the balance due in respect of loana, which debt was assigned to the plaintiffs, and $36.67 for money lent and goods sold and delivered. Of this claim Lee Wo-huch admitted that he owed $36.57 which money he paid into, court, but denied the remainder.
Mr. G. S. Hugh Jones was for the plaintiffs and Mr. A. el Arculli defended,
The Claim.
TUESDAY, DECEMBER 18, 1928.
On the Prairies of Canada Baby's Own Tablets are A Household Remedy. This Mother Says She Has Found Thom Wonderful For Children's Troubles.
You do not have to coax and threaten to get the little ones to take Baby's Own Tablets. The ease with which they are given as compared with liquid medicines, will appeal to every mother. None is spillet or wasted; you dose has know just how big a reached the Httle stomach,
As a remedy for the Ills of childhood arising from derange- monta of the stomach and bowels they are most satisfactory.
con-
Mrs. Rose Voyer, Willimantic, Conn., saya:-"I used Baby's Own Tablets in the Canadian North- went and found them a wonderful medicine for children's troubles, especially indigestion and stipation. I have also given them to my children for simple fever and tho restlessness accompany- ing teathing and they always can recommend gave relief. I
Own Tablets to all Baby's mothers."
sold
Baby's Own Tablets are by medicine dealers, or by mail at 60 cents a vial, from The Dr. Williams' Medicine Co. 60, Kiang- se Road, Shanghai.
Giving judgment his Lordship FRESH COFFEE
said: The plaintiffs in this setlon claim the sum of $588.17 from the defendant being (1) as to $351,00 the balance due by the defendant in respect of loans made to him between the 14th day, 1st. moon,
ROASTED AND
... GROUND DAILY
AT
Yuct Chau year, and the 16th day. GRAECO EGYPTIAN
11th moon, Ting Mau year, by the Wo Shing Hing Lung Hop Kee, of Han On Street, Taipo, which debt was assigned to the plaintiff by the Wo Shing Lung Hop Ker on the 16th day, 12th moon, Ting Mau year (8th January, 1928). (2) as to $36.57 the balance due by the defendant to the plaintiffs in res pect of money lent and goods sold and delivered.
The defendant denies the first part of this claim but has admitted the second part and has paid $36.57 into Court.
The plaintiffs base their claim for $351.60 on an assignment dated the 16th day of the 12th moon. Ting Man year, whereby some of the partners in the Wo Shing Hing Lang Hop Kee assigned the whole of their business, the amounts advanced to various ships both large and small, and book. debis, signboards, the foundation. fund of the Guilds, furniture in- side and outside the shop, the whole concern in fact to Cheung Tal-kwai and Leung Che-kwal, who now carry on the business as the Wo Shing Hing Lung..
The Assignment.
This assignment was drawn up by the secretary of an institution which calla Itself the Chamber of Commerce of Taipo. I do not know how thin Society is constitut- ed or what its local reputation is. Certain of its members appear to have taken the trouble to go through the books of the old firm and draw up a summary of debts and credits.
All this might give the transac- tion some weight amongst local traders but would not, of course. cure any legal defects.
!
The plaintiffs, as asignees, then proceeded to give notice of the transfer of the business to all the debtors of the firm of whom the defendant is alleged to be one The plaintiffs have put in the books of the old firm as evidence of their claim.
The defence is, firstly, that the *ssignment of the business to the DIL a is not valid as all the partners A old firm did not join in it to assign or interests. Secondly, that he, the defendant, received no notice of the assign- ment. Thirdly, that he did not owe any money to the old Arm.
Partnership Question..
With regard to the first polut Taang Tsap-wo, who was one of the managers of the vendor firm, admitted there were eight part- ners. Only four were described in the assignment as "Makers of this document for the transfer of the whole concern of the business." There is no evidence that the other four partners concurred, in fact one has given evidence to the effect that he knew nothing about it until four or five months aftor.
Section five of the Partnership Ordinance, No. 1 of 1897, provides that "Every partner is an agent of the firm and his other partners for the purpose of the business of the partnership; and the acts of every partner who does any act for carrying on in the usual way business of the kind carried on by the firm of which he is a member, bind the Arm and hia partners, unless the partner so acting has, In fact, no authority to act for the firm in the particular matter and the person with whom he is deal- (Continued on Page 10.).
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