1931-01-31 — Page 2

THE

HONGKONG

PENINSULA HOTEL:

HONGKONG HOTEL: REPULSE BAY HOTEL! PEAK HOTEL

and

SHANGHAI

ASTOR HOUSE: PALACE HOTEL:·

HOTELS

LIMITED.

Ja Lesociation with the Grand Hotel Das Wagons Lits, Peking.

KOWLOON HOTEL

KOWLOON.

UNDER THE PERSONAL SUPERVISION AND ATTENTION OF-

W. J. WHITE.

Phone No. 58008.

Cable KowLOTEL Hongkong.

PALACE HOTEL

Tel. Kowloon No. 3,

Tel. Address "l'ainer."

A Firal Cinas Rosidential, and Tourist Hotel with all the on- ventences of a Home. Under Entirely European Management. Cosy Lounge and Billard Saloon. Three minutes from Perry Familie apecially entered for. Moderate term.

Music

Daily.

MRS. J M. OXBERRY,

PENANG

RUNNYMEDE

Dinner

Proprietress.

Dance

Twice weekly

HOTEL.

The Premier Holt in Molno.

With beautiful private lawns to the Sea.

TWENTY ADDITIONAL ROOMS-COMPLETELY MODERN15)

AND RE-FURNISHED ARE NOW READY.

CABLE. "RUNNYMEDE."

RUNNYMEDE HOTEL, LTD. George Goldruck. Manager.

EUROPE HOTEL

SINGAPORE.'

RENOWNED BY RECOMMENDATION"

DANCING:

MUSIC:

GRILL:

After Dinner every Tuesday, Thursday and Saturday. Un the VERANDAH every Saturday from 12 noon to 1.30 p.m. and every Tuesday, Thurs- day and Saturday from 7.30 to 8.30 p.m.

Telephone. 5341 (8 lines) Cables "'EUROPE" Singapore.

THE EUROPE HOTEL, Ltd.

Arthur E. Odell Managing Director.

E. HING & CO.

SHIPBUILDING MATERIALS, SHIP CHANDLERS

HARDWARE MERCHANTS.

25, Wing Woo Street.

H

THE HONGKONG TELEGRAPH, SATURDAY, JANUARY 31, 1931.

COMMISSION CLAIM

SUCCEEDS.

SALESMAN GETS JUDGMENT AGAINST NEONLITE CO.

The case in which Mr. J. M. Xavior, No. 2, Granville Road, Kowloon, sued the China Neonlite Company, Ip Lan-chuen and Ip Tai-Kwong, partners, No. 21a, Des Voeux Road, Central, was conclud- ex in the Summary Court yester- day afternoon, when the Puisne Judge (Mr. Justice Jacks) gave judgment in favour of the plain- tiff.

Plaintiff claimed that by verbal agreement made between himself and defendants in Decem- ber. 1929, it was agreed that in equsideration of plaintiff introduc ing purchasers to the defendants for the purchase of Neonlite signe, the defendants would pay plain- tiff a sum by way of commission equal to ten per cent. of the value of any sale effected by any pur- chaser introitueed by plaintiff. As a result of introductions mude by plaintiff, the Asiatic Petroleum Company (South China) Limited.

The Standard Oil Company of New York, and the Hongkong and Shanghai Hotels Limited, were among those who made auch par- chases.

defendants.

Plaintiff as that hat failed to pay the mureed cam- mission and claimed. (1) an ac vount of all sales made by defen- dunts to the purchasers mentioned and (2) payment of commission at Teu per cent. On the Aaroun! or consideration of the sale

The Judgment.

In giving judgment his Lordship sold The defendants adritic that the plaintiff would have been titled commission at the rate of ten per cent, on these contracts but for the fact that on April 30. 1900, he waived hi, elaim to cran- mission and remmested defendants to divide if among older salesmen Ita defendietats" empty. The claim and the defence rest entirely on the evidence of plxiuf!!! on the one hand, and Mr Malarky on the other Both gave their videner ir a perfectly' draight forward 2014. They Teste different lories, but I think this is due to a misunderstanding.

MARVELLOUS RECORDINGS | The

RECORDS OF

THE MOMENT ISSUED. DURING THE LAST

TWO MONTHS ON Columbia

DX162-Here we Åre

Song Medley. BX165-11 aclo

Trobel Baillie. DX159-Merry Widow

Vocal Gems. DX137--Kerry Dance

Doris Vane. DX156-- There is a Green Hill

M. Brunskill,

DX138-The Railway Guard

Will Fuffe. DX135-Ballad Memories Organ

DX116- Rhapsedie in Blue Organ.

DX106- The Midshipmite

Norman Allin. DX81-Maid of the Mountains

Vucul GemM,

AT

ANDERSON'S

FINANCIAL CRISIS

AT CHICAGO.

NO MONEY FOR PAY OF THE CITY EMPLOYEES,

Chirago, Jan, 30, While denying reporta that Chicago is in serious monetary dif- eulties, officials admit that the Municipality is again facing a fin- aucial crisis, rendering payment of efty employees' salaries impossible. Matters are expected to come to a hend on February 9, when tax an- ticipation warrants will be offered for sale,

It is possible that plaintif, la a fit of impatience at the slow pro- ! The Strawn Committee, which Fress which was being made with | last year canu? to the crvene, by the business be introduced, may | raising $74,000,000. now de- have said he would throw up the clares that banking interests will whole matter and forego any rom- mission to which he might have been entitled, in which enne de fendants would have been free to

o what they liked with the com-" mission.

But, did he really say this? 1 he did, did he really mean it? J doubt this. He does not appear to be a man who could' afford to Blow muney away in this magnet, If plaintiff really meant this, think Mr. Malarky should have ob- lained some release in writing in

order to be quite safe in paying

nway the commission to anyone Dise. The question appears to be, diet plaintiff abandon his right to the commission as alleged by des fenints? I think. in view of Their admission. that he was en- titled to it. the onus is on them to Drove their allegation. I conTM sider they have failed, to do this.

Position Misunderstood.

I do not doubt Mr. Malarky, but I think he misunderstood the position. If plaintiff did make any statement of the type alleged, and it was taken seriously, Mr. Malarky, as I said before, would have been well advised in making written memorandum of the abandonment, by plaintiff, of kiş right to any commission which might be due to him. I believe that Mr. Malarky acted quite honestly in the matter as he un- derstood it. but, on the facts given, I cannot believe that plain- tiff abandoned all his rights in the manner he is alleged to have done.

not support tax anticipation loans. unless the system of lux collection be simplified-Krater's American Service.

trial as to the issue of whether second defendant is a partner or not.

the

Hi Lordship added that fourth defendant on the writ (Mr. Malarky) was not a party to the action as it now stood and his name would be struck out.

Mr. J. T. Prior, for defendants, said he hoped that the judgment

di not amount to a declaration that plaintiff was entitled to com- mission in respect of any other work done by defendants with the three parties to the contracts concerned in the case.

His Lordship said that his judg- ment concerned only the three contracts in question.

On Mr. Prior's application, Mr. D. L. Strellett, for the plainti offering no objection, his Lordship formally limited

claim $1,000.

the

EUROPEAN

10

WATCHMAKER, JEWELLER & ENGRAVER. 18, Nathan Road. Eawloon.

Bals and Repsixing of Gold and Silver Goods. Any kind of Watches, Chronometers, Chreno graphe, Repenters, Speedometers, Typewriters and anything in this line of delicate mechaniəm. All orders secuted, promptly at moderat

M. BOGDATERY.

I give Judgment for plaintiff against first and third defendants with costs. If the plaintif wishes | ritm to obtain judgment against, second defendant, he must apply to the court for a late to be fixed for i

PENINSULA HOTEL

At the request of numerous patrons who will be attending

the Dance to be given by Officials of the Canadian Pacific

on board the

R.M.S. "EMPRESS of JAPAN”

A SPECIAL DINNER

will be served in the

ROSE ROOM

from 7.30 p., on

TUESDAY, February 3rd, 1931.

$5.00 per person.

Make your Reservation early.

།

Phone 58081.

THE HONGKONG & SHANGHAI HOTELS, LTD.

White

Label

NEST SCOTCH WHISH

John Dewar & Sons

OF GREAT ACE

OISTILLERS

"PERTH

DEWAR'S

WHITE LABEL

White Label OF GREAT AGE REST SCOTCH WHIS

OD Dewar & Sonst

DISTILLERS

PERTH

E

you fully

ALSO THE DE LUXE WHISKY—

VICTORIA VAT:

If you would, ses your

children grow stronger each day-become

rosy, plump and fall of life-try SCOTT'S Emul- mon, the mother's ..friend? Ask for

SCOTT'S EMULSION

SALESMAN ŞAM -

GOLLY, WE'RE. TH' DOCTOR'S MEAL TICKET ALLRIGHT! FIRST ITS ME, THEN

TH' WIFE!

THERE SHE IS, BACK FROM "TH

DOCTORS NOW,

V'LL BETCHA-

RING!

RING!

·RING

Does Seem Unreasonable

WELL, WHAT DID Doc bo FOR YOUR

SORE THROAT?

HE PAINTED (T

AND CHARGED ME TEN DOLLARS !

$10?

YES!

By Small

AND ONLY LAST WEEK

I HAD MY WHOLE KITCHEN PAINTED FOR SEVEN-FIFTY!