1930-01-08 — Page 7

BANK'S LIABILITY ARGUED.

DEFENCE IN DIAMOND LOSS, CASE.

MR. POTTER CONTENDS THERE WAS NO CONTRACT.

LENGTHY SPEECH.

were entries of two packages A safe deposit book in which having been placed with the Banque de L'Indo China for safe

custody by Mr. Kornitzer was pro-

duced by Mr. Eldon Potter, K.C Counsel defending the Bank in the Supreme Court this morning, when the action over a lest packet of diamonds was continued. Counsel argued that the entries meant that when Mr. Kornitzer and the Bank intended articles to be held for safe custody, the entry was.made and Mr. Kornitzer would get his proper receipt, but] in the present action there was no entry, no receipt and no letter of advice to Mr. Kornitzer Informing him that a package held for sufo custody was awaiting delivery.

Mr, Potter urged that as cogent reason why the Court should find that the bailment of the missing parcel was not one of safe custody, but something entirely different.

a

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|

FORMER JAPANESE

THE HONGKONG TELEGRAPH.

ATTEMPTED TRICK:

0.

AGENDA.

LEAGUE COUNCIL

WEDNESDAY, JANUARY 8, 1930.

CHIT SMUGGLED INTO GAOL.

CHINESE SENT TO JAIL AT

INTERESTING ISSUES FOR DISCUSSION.

MESSAGE TO WOMAN HIDDEN

“IN LOAF OF BREAD.

MINISTER.

ENTERTAINED BY GOVERNOR.

`OF HONGKONG,

ALSO VISITS CANTON.

.i

KOWLOON.

Yet another attempt to obtain money under the pretext of having) been sent by a relative in the COVENANT AND PACT.

5.6. Canton from Haiphong on under false pretences. Monday after a brief tour of about!

on

tral Magistracy this morning.

SILENCE ADVISED. country came to light before Mr.) Mr. K.. Yoshizawa, former Whyte Smith at the Kowloon Mu-

London, Jan. 7.

How a chit, commanding her not Japanese, Minister to Peking, has gistracy when a Chinese was Mr. Henderson, the Foreign to make any implicating statements, been on an unofficial visit to Hong-charged with trying to obtain $3 Secretary, leaves London on Fri-into the gaol to a woman prisoner, was smuggled with, a loaf of bread kong, having arrived here on the

day next to represent Great detained

of charge a According to the prosecution a Britain at the session of the being concerned with the print- a month at Haiphong, Salgón and

ing of po-pui lottery tickels, Was described by Inspector other cities in French Indo-China, woman living in Kowloon City League of Nations Council, which Mr. W. Suga, who is a secretary letter to her, and intimated that Travelling with Mr. Yoshizawa is Rond the defendant presented a opens at Geneva on the following Clark to Mr. Hamilton at the Cen- attached to the Foreign Office at he had been sent by a relative to, Mr. Yoshizawa, it will be re-to comply with the request. The collect $3. Complainant refused called, was Minister to Chinn defendant returned later and was while the Tanaka Cabinet was in handed over to the Police. power and while Mr. Yoshizawa was in office in Peking he showed much diplomatic skill in solving many obstacles during one of the most crucial periods in Sino- Japanese relations.

Tokyo,

His Worship imposed sentence of one menti's hard labour.

11

WOMEN QUARREL.

WOODEN CLOY USED AS

WEAPON.

Monday.

Great Britain will be specially interested in the outcome of a proposal made on her behalf to the League Assembly last Sentember, that certain articles of the League Covenant, which do not at present definitely rule out war in all cir- cumstances, should be amended in order to bring them into line with the Kellogg Pact.

The Police Officer said that a raid was carried out by him and Chinese detectives at 131, Third Street on defendant in a bedroom, with po-pui January 6, when they discovered the kattary printing type on a shelf some printed above the bed and documents relating to the lottery.

The following afternoon, whilst accused was in gaol, a Chinese wo man brought her some food, and ed to a loaf of white bread, was a a constable discovered that; attach-

piece of paper, with Chinese char- acters. He seized it and the paper was translated in the following terms: "I have subscribed enough. money to bail you out. Be

One of the items on the agenda'is the appointment of a committee of eleven persons to draft report on the amendments necessary. careful not to admit that the pro-

Another item of particular in-perty is yours. You may say that terest to this country relates to the It was left behind by your brothers, proposal made last September by and you may also say you are a wɔ- Mr. William Graham, the Presi- man and know nothing about these dent of the Board of Trade, for things."", them struck the other over the jan international tariff truce for forehead with a wooden clor ful two years, pending an agreementing the bread for the prisoner was lowing a dispute as to who should on a general reduction of tariffs, cook a men first. Both partiest were ordered to sign personal bands for their future behaviour.

COTTON INDUSTRY.

Various Governments were ask- ed to state their views on this proposal before the end of 1929 and on the strength of those replies which have been received, the Council have to decide whether ja conference should be held at the

earliest possible moment.

Entertained By Governor. Yesterday, Mr. Yoshizawa, was the guest of His Excellency the Governor, Sir Ceell Clementi, K.C.M.G., and Lady Clementi at

Two Chinese women appeared tiffin, Mr. Suga and Mr. M.:

before Mr. Whyte Smith at the Nonomura, being also present.

According to Mr. Nonomura, Kowloon Magistracy this morning Mr. Yoshizawa's visit to Hongkong in an assault case.. is purely for sight-seeing, and is 1 was alleged that one of non-political in nature. The ex- Minister left Hongkong last night for Canton. He intends Case Ched.

spending only one day in Canton, Dealing with the question of and ng he is travelling incognito it ballment in general, Mr. Potter is not expected that he will meet referred to a docision given by Sir any of the Canton Government William Rees Davies, in 11 Hong-officfuls or the consular represen- kong Law Reports, Page 80. Intatives at Shameen. He will re- that case, the plaintiff was turn to the Colony this evening travelling trader, and having sold and will leave here to-morrow on his goods he asked a merchant the Sourabaya Maru for Formosa, with whom he was dealing to keep expecting to reach Tokyo on the the money for him until he called 3rd instant, for It. Defendunt put the money with his own, in a locked drawer. As would appear from the According to Mr. M. Nonomura, facts, the money was stolen, and, who is acting Japanese Consul in as far as could be seen, It was Hongkong, the new Consul Gen- stolen because the drawer next to|era], Mr. T. Yoshida, recently ap that which contained the 'money pointed, will arrive in Hongkong could be quite cusily taken out, about the 18th Instant from Jupân when access would be given to the on the Siberia Mara. The other drawer. In that ense, said | Consul has had much experience Mr. Potter, the Judge held that as in Chinese affairs, having at dif- arrangement the defendants, had taken reason-ferent times served as Consul at contractural arrangement. If the anointment of a commission to able care they were not Hable, Foochow and as Vice-Consul at agreement were broken, then the settle finally the respective claims Newelwang. In recent years Mr. aggrieved party could sue for dam-of the Jews and the Moslems to the Wailing Wall at Jerusalem.- Yoshida has at various tinies been ages, Consul at Honolulu, Portland, and

British Wirelcas. Chiengo, while his last post was Second Secretary at the Japanese Legation in Holland,

Mr. Potter continued that it was an interesting caac, ns it adopted what was undoubtedly the law that a person was not responsible for the fraudulent act of his employee. Also the Judge mads une of the fact that plaintiff him- self knew where the money whs deposited, but apparently he made no complaint about it.

New Consul Coming.

How

in the present, ease and no letter from the Bank to Mr. Kornitzer advicing him that a mackage on safe deposit የክፍ awaiting delivery.

RATIONALISATION PROCESS

CONTINUES.

London, Jan. 7.

There will also be a discussion [an the report of the Permanent Mandates Commission, containing the observations of the Commis- The Lancashire Cotton Corpora-sion on the administration of the tion has increased its capital by British mandates for Irak and the 1,051,000 in order to provide Cameroons and of the New Zea funds for the absorption of aland mandate for Western Samoa. further twenty-nine mills.- Reuter.

†

Mr. Hamilton observed that leav-

a tactical error.

Inspector Clark:-Yes. She was not expecting bread.

The Magistrate convicted and fined defendant $100, or two montha' imprisonment. He also ordered the printing type to be confiscated.

CINEMA OWNERS.

'NEW LOCAL COMPANY

BEING FORMED.

The China Entertainmcat "and"

Land Investment Co., Ltd. has been registered and incorporated under This report will also rive the the Company's Ordinance with the view of Mandates Commission on object of acquiring, the" Yes Sang the proposal forwarded to it by Fat Building and developing it on the British Government as from any other November, for the

last the lines reported on Monday. immediate The authorised capital of the com- pany is one million dollars; made up of 100,000 shares of ten dollarn ench, A small part of the capital is to be offered for public subscrip- tion in the near future.

Mr. Potter asked if it could be seriously suggested, on the facts of the present case, that if the Bunk haud refused to accept a registered parcel on behalf of Mr. Kornitzer, he would have had any claim for On the other hand, sup- damages? posing the Bank wanted to bring un betion for damages, on what ground could they bring it?

"

HOIHOW REBELS.

GUNBOATS BEING SENT FROM CANTON.

'Canton, Jan. 7,

The Chairman of the Board of Directors will be the Hon. Sir Shou- son Chow and Mr. Chang Fat - and Mr. Linng Chi-lino ard the two joint managing directors. Mr. Liang Chi-hao has been chairman of the S.C.A.A. (1922) and chairman of the Tung Wal Hospital, and has also served on the Committee of | the Chinese Chamber of Commerce.

Mr. Potter said, in the present case, he did not mean to say that there was any obligation on Mr.

The answer would be because Mr. Admiral Chan Chak, Commander. He is the present managing direc- Kornitzer to have pointed auf to

Two Receipts.

Kornitzer broke his enntract, but, In-Chief of the 4th Naval Squadron tor of the Majestic Theatre, Kow the Bunk that the jewels were in

The Bank moved their premises before that could be said, a contract will leave Canton to-day at noon loan. a place which was manifestly not

Mr. Chang Fat is the present sufficiently safe. There was no in 1924 and some old and useless had to be formulated; and Mr. Jen-with five gunboats to visit Hojhow

kin had not formulated one. in Kingchow, where the regiment | manager of Mesara Yen Bang Fat legal duty on him to do that, but receipt books had been lost, or, it was very cogent evidence that maybe, destroyed, but they had there was a contract in the present under the command of Gen. Wong and is the vendor of the property. recently created dis- Among the directors of the coin- the property was being kept book which referred to a. 1921 Mr. Kornitzer

discovered the tabs of a receipt case, it would be to the effect that Seung,

would give tele- turbances in the districts by pany are anveral well known Chinese properly if the plaintiff was fully deposit book which they had been graphic business to the Bank in con-mating and threatening their merchants, including the Hon. Dr. 8 W. Tho, Messrs. Shum Pak- aware of where it was being kept unable to find. Two of those tabs and made no complaint.

referred to Mr. Karnitzer, both registered mail for him,

bing the rebels to book, and to and others. dated. September 8, 1921. One

Counsel submitted that the evi-restore order in that area. He stated:"Received · from Mr.dence did not even begin to support takes with him his marine corps

auch a contract and the test would and machine gun parties who The primary object of the China bes-Could It be seriously argued should be able to quell the rebels Entertainment and Land Invest- that the Bank could bring an act in a few hours.

ment Co. Ltd. in to establish, main- against Mr. Korniter for not ki-

consist of the tain and operate a first class and ing them enough of his telegraphic Chung Shan, On Pei, Man Sang, up-to-date cinema theatre in Hong- transfer business?

Fook On and Kwong Kum kong and to exhibit the best films The ease is proceeding.

Canton Gazette.

to the general public.

Degree of Diligence.

It was also atated in the Kornitzer one small parcel, con authority, said counsel, that the tents unknown, scaled with ten red degree of diligence to be exercised senis, marked 'K' to be placed in by the depository must be de-safe custody and to be delivered present receipt" termined by the special facts of against this each case, and he would submit The other was the same, except for that that was undoubtedly the the description, which stated that law. It would be most unjust, the package was sealed with three

red seals. said Mr. Potter later, if, bearing

Mr. Potter, pointed out that in mind that the receipt for the those documents and entries would parcels was merely for the con- come into existence by reason of venience of Mr. Kornitzer to pro-a man going to the Bank with a vide evidence in the event of parcel and asking them to keep it parcels being tampered with, the in safe custody. The Bank would Bank's liability was increased and not pay any attention to the con- they were put in the same position | tents and the customer would get as a person who had definitely his proper receipt. undertaken to keep them in. safe! It was clear that where Mr. custody and preserve the parcels Kornitzer and the Bank intend- intact.

ed to have a package placed Counsel then produced a safe de.in Hafe custody, they went posit book, saying it had not been through the ordinary procedure disclosed before. Because he between customer and banker, thought it was not necessary, as They did not put it any

than that,, but it merely dealt with bank practice, higher the Mr. Jenkin said he had not seen

of great importance the book and he might possibly the defence. He would submit that want to consider his position after that was another very cogent rea- seeing it, but his Lordship said he son why the Court should find that, did not think he could grant an in fact, the bailment was not one adjournment but would take the of safe custody, but something en- point when the book was proved.. tirely different:

Mr. Potter said the book con- tained the numes of people who had deposited various articles for

Wan

No Contract.

It

to

Mr. Petter went on to refer to Mr.

safe keeping and it was interest-Kornitzer's evidenco in which he ing to note that the name of Mr. suggested that the matter was ball- Kornitzer appeared twice for ment for reward. Counsel remark- deposita of small packages.ed that he could not help feeling Although the book did not state that Mr. Kornitzer had put forward what was in the packages, it was that case as the result of the dis- fair Inference to draw that they covery that the law said if a mon contained diamonds. Ong was deposited on January 27, 1922, and placed a greater liability on him was a ballee for reward, the law was delivered on February 1 than if he were a gratuitous 1922. Another was deposited on

hailee. To make the bailees March 3, 1922, and delivered on March 9, 192212

for reward there would have been a contrac- Counsel submitted that it was to have the common procedure, when tural relationship between the Particles were really placed in safe Bank and Mr. Kornitzer, supported custody, not only to keep a regia by a valuable consideration. As he ter, but to give a customera (Mr. Potter) viewed the law, the receipt, and there was no receipt same results would flow from that

deration of their agreeing to receive commanders.

The Admiral's mission is toming, Wong Kwong-tin, Li Kowann.

$

©1919 NEL SERVICE WE

pose it's

The gunboats

Other Cinemus Possible.

An reported yesterday, the Com- pany has acquired the valuable site known sa Inland Lot No. 16, now occupied by the Coronet Theatre and the Yee Bang Fat Building. It is also intended in due course, should conditions warrant it, to operate Cinema theatres in Kowloon and elsewhere in China.

Apart from an imposing entrance hall the main frontage of the new building in "Queen's Road Central will consist of modern shops and stores, while there will be six storeys available for office accommo- dation or restaurante,

The cinoma, which is being equipped with nearly 1,200 seats, will include the most up-to-date. system of air cooling for the hot seasons. Lifte will be provided for the drens circle and no expense will be spared for the comfort of patrons.

Cost of the Site. -Although the main object of the company is the flotation of n cinema, it is expected to receive between 88,000 and $9,000 pee month from the rent of the shops and offices.

Mr. Chang Fat is interested in the site as vendor and has agreed to sell the same under an agreement in writing for the sum of $865,000/ Showing his confidence in the under- taking he has agreed to accept, this sum on the condition of the allot- ment to him of: 28,094 ordinary" shares and siz founder shares re- spectively in the company credited nefully paid, and the balance of 2065,000 in cash, tran

The estimated cost of the under taking is $885,000 for the land and

300,000 for the new building. tata Rof:$1,085,000

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