1931-06-09 — Page 7

SLANDER ACTION.

$10,000 CLAIM. ON INTERPRETER.

ALLEGED DEFAMATION OF CHARACTER.

GIRL AND UNCLE,

AMAH STEALS TOY MOTOR-CAR.

PROPERTY OF KOWLOON LADY.

At the Kowloon Magistracy this morning, woman, naned Chap Sam was charged with the theft of

toy motor-car, the property of Mrs. R. T. Nunn, of No. 3. Pratt Bullding, Kowloon.

The defendant anid Mrs. Nung nd discarded the motor-car A claim for $10,000 for de-asked her to take it.

and famation of character, arising out of a serious accusation al-ed that the defendant had former Mrs. Nuun, giving evidence stot leged to have been made by aly been employed as an amah by Chinese. police interpreter her for three weeks, and had been against the uncle of his flancee, discharged, as she was unsatisfac was commenced in the Supreme tory. She had never given the de- Court this morning, before the fendant permission to remove the Chict Justice (Sir Joseph toy. She identified the toy, even

though it had Kemp). Plaintiff is Se Slu-wan. She missed it on Friday inst.

been repainted. No. 15. Ma Tan Wei Road,

Hunghom, and defendant is The owner of a store in Lascar Chau Woon-fun, a police inter-Street said he bought the ear preter AL Hunghom Police from the defendant, who said it Station,

belonged to her. She did not

Mr. F. C. Jenkin, instructed by Mr. A. el Arculli, is for plaintiff, while defendnul, who denies the allegation. Is conducting his own

CNBC.

Mr. Jenkin said that plaintiff was a partner in the Cheùng Wo Leather Manufacturing Company, of Her Street. He was 24 years of nge by Chinese reckon. ing, unmarried, and, at the time of the alleged stander, was living with his older brother, Se Chi- kwan, at No. 1 and 17. Ma To Wei Road, Hanghom, where A number of members of the family were alto living. These included Se Chi-kwan's wife, two bines, sisters,

sun, three daughters and Reveti amaha,

Jan.

Plalutiff Girl's Uncle.

Comeu.

in the atroci,

Mr. Hamilton convicted the de. ferdant and sentenced her to two months' imprisonment.

THE HONGKONG TELEGRAPH. TUESDAY, JUNE 9, 1931.

CHAMBER'S PLEA FOR PEACE.

SHANGHAI MERCHANTS WANT

PACIFIC SETTLEMENT.

NANKING PREPARING.

APPEAL FAILS ON ALL GROUNDS.

CASH VOUCHERS AND

A FRAUD.

CROSS ESTOPPEL.

WRB

Shanghal, June 8. Holding that the appellants had The Chinese Chamber of Com- failed on all grounds, the Full merce helt a big meeting this Court this morning dismissed the morning and decided to dispatch appeal of the Chip Cheong firm telegrams to Marshal Chiang Kai-against the judgment of Mr.

which shek, the Nunking Government, Justice Lindsell," General Chan Chui-tong. and stelivered in an action in which Messra. Sun Fo and Ilu Han-min. the appellants were defendants

The telegrams

urge the Gov-and the Cheong Fat Loong Kee crnment to solve the Canton Isauc plaintifa

The Chief Justice (Sir Joseph by diplomatic means without re- sorting to force. While

Kemp) in reading his judgment

accept Mar- refused over

of Pressing antisfaction

any points, whai Chiang's proposed vinit

to the

แหล่ Mr. Justice connexion with anti-Lindsell signified his agreement Kiangxi in Communist work,

with the judgment. the Chamber deplores the fact that Nankinged by Mr. Leo D'Almada, jun.. The appellants were represent- intends to launch un expedition instructed by Messrs. Lo and Lo. against Canton.

and the respondents by Mr. I. G. Sheldon, instructed by Mr. F. C. E. Rendall.

and

The telegram calls The atten tell him that she had picked it uption of Mr. Sun Po to the teach inge of his late father, Dr. Sun Yat-sen, who desired peace the uniflentions of China above all else. The Chamber requests Mr. Sun Po to exercise is influence to bring about a pacife settlement of the outstanding dispute be. ALLEGED THEFT OFtween Marshni Chiang and

40 TELEPHONES.

Kuomintar factions.

STOREKEEPER AND CLERK

CHARGED.

of the felt and switch type.

The first defendant is being re

had auther daughter named Al presented by Mr. F. H. Legeby,

Therefore, plaintiff was the who was not in court, unete or Se Ah-mul, the girt con-second defendant by Mr. cerned in the alleged alander.

da Silva.

Athl the

M. A.

to

The Judgment.

Sir Joseph Kemp 'said:→This is an appeal on the ground of law

dreision of Mr. from

Justice Lindsell, P.J., sitting in summary the jurisdiction, giving judgment in favour of the plaintiffs. The infacts are stated his judgment in

the Court below. There juin

appeal on the ground of fact.

The first ground of appeal was thank there was

no evidence which the learned Puisne Judge could find that the defendanta bad held out Lam You as having au

All Chambers of Commerce the Provinces are asked tu the peger movement.

War Expected Soon.

Nanking, June 8.

of

aust Canton are imminent.

מן 13

Was Ho

thority to pledge their credit.

01

1

think that this ground fails. It was admitted, and it could scarce-

Two employees of the Teleplane Company. Ng Sau-chlug, stare. With confirmation at news

Tong Wal-kwan, Marsha Chiang Kai-shek's visit keeper, and elerk, were both changed before to Pukien and langs for a con- Al Hamilton,

at the Kowloonverted rive against Canton and Magistracy This morning. with the arrival of large contingents ofly have len destied, that the de- One of the daughter was having on May 7 stolen from the Chiang's troops at Pukaw yester- 1 fendants sent Lam Yau to make!

Company's stare in Cameron day awaiting transportation to Ah-mui, who was now 21 years Road, Kexlom, forty telephones Hankow, keen observers believe that representation to the plain-

age by Chinese reckoning,

that hostilities between Nanking and he obtained goods from them tis. He visited the plaintiffs Her mother was one of Se Chi- kwan's concubines, Se 1.-shi, who

on the credit of the defendants. c.Et, Session this morning, at theference that he made the repre

Presiding at the Kuomintang It seems difficult to avoid the in-) | Central Kuomintang Headquarentation which he was sent to tors, Marshal Chiang ndvocated an make. though he may not have extraordinary Firth Kuomintam done so in express words. In any The hearing was axed for Mon-Plenary Session Saturday, ease, it cannot be said that there day morning, June 15. The ste There

twenty-two Are

Corn-

was no evidence. fendants were granted bail in missioners of the Central Execu-

That presentation was never $1,000 each.

tive and Supervisory Committees negative until it was too late, and in Nanking, which will ensure a I think that it must be regarded The meeting will conas having, ris-a-vis the plaintiffs, Vice-Presidents for five Councils chases to which the action relates, November 25 is absolutely untrue.nl the dismissal of tenders who and as having emased the plaintiffs,

have never, at any linie, accused

joined the anti-Chiang on the ocension Se Sin-wan of having had earnal movement in South China.

each order, to alter their position for the worse. knowledge of Se Ah-naul, either by force or with or without her con-

That being so, the defendants are estopped from denying the authori- sent, nor do 1 or have f ever be loved or had reason to believe that sonnet of the Government are ex-

pory which they hold nat Lum Yau as possessing, unless they can show he ever had such knowledge.pected as a result of the coming that this prima facie estoppel is | Under these circumstances it in ini-election, Mr.. Yu Yu-jon has made excluded by some other considera-

possible for me to sign any sach a statement denying current re-

tion. document as your draft letter." ports that he has been asked to

Mr. Jonkin said he was unable | become ucing President of to arrount for the delay in taking Government and Executive Council would be called and facta establish the Kiungsi.

that attitude, but witnesses during the Marshal Chiang's visit

ed that emild result in only one

Te-

at about

quarum.

o'clock, anil defendant Wrote:-"The statement contained firm the election of Presidents and continued during the various pur-

Counsel continued that since December, 1929, defendant bad been engaged to Se Ah-mui, and on Saturday, November 9, 1926, the two were out together and plaintiff was away at a

Defendant and Se Ab-m turned to the house, eleven spoke to the girl's father about the girl, in consequence of which he tried to get her to be examined by a doctor, On the threshold of the doctor's house, the girl yofused to go further and made a certain statement which involved plain tiff.

Consternation Caused.

As one might expect, said Mr. Jenkin, consternation reigned in the house, because the girl had lived the whole of her life with the family and such a thing has never been suspected before. The girl's muther, Se Li-shi, and Ah Mui's

in your draft letter sent to me on

Government Changes.

Drastic changes in The

that

Second Ground. This introduces the second ground of, appeal. It is remarked.

a party is not extopped by a The arting President, added Mr. representation of the other side. representation induced by the mis-

mintang C.B.C. while Marshal

tiffs, by issuing notes which were Chiang's work on the Executive not in the usual form for credit Council would be assumed by the sales, misrepresented the sales us Vice-President, Mr. T. V. Soongensh sales. The remark and state-

sister, Al Jan, went off possible result, a verdict for plain. Yo, would be elected by the Kuo-and it is pointed out that the plai

in search of plaintiff, and they fif

finally returned to the house with

him in the early hours of Sunday Burning

ad

Plaintiff's Denial.

the

defendants took place before reet, but the holding out by the misrepresentation by the plain- tiffs as to the nature of the sales.

On his arrival, defen- Evidence was given by plaintiff Marshal Chinng is expected in dant, who had left the house a bearing out Mr. Jenkin's opening Hupeh before the 15th instant and ment of fact are undoubtedly cor- the meantime, was sent for, remarks, saying that defendant attacks on the Cantonese forces nerated plaintif freused him of a serious offence are expected to commence imnie

against the girl eight years ago,dinitely after his arrival. defendant saying "I believe you. Se Sin-wan, must have done that." Mr. JenkinIs this accusation true or false?-It is not true.

was

of

the

And you clutas damages for that defamation?--Yes.

In cross-examination, defendant! suggested that they were sitting side by side and he defendant) whispered something in plaintiff's

GREAT-GRAND-

Dr. Wang Chung-bui. the retir-The holding out relied on by way ing President of the Jadicial of estoppel was therefore not in- Council, arrived at Tsingtao this duced by the misrepresentation of morning on his way to Dairen en the plaintiffs. Indeed, the plain- route to Europe.

tiffs misrepresentation induced no representation at all on the part of the defendants. At it

.must, con. Armed the defendants in the belief, fiance on the word of their which they had arrived at in re

servant, Lam Yau, that they were doing business on a cash basis. In might, perhaps, have

that argued the plaintiffs on their side were estopped from anying that the ende were credit sales.

FATHER'S ARITHMETIC.

own

been

(Continued from Page 6.) Defendant:- put it to you that ter Man who went into treland the whole matter is trumped-up with 20 Tun of Cheese." and is an invention by you? No. Some of the problems sound think that the argument would

dant

said, in that

ene

others'

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WAR ON CHINA'S BANDITS.

HONAN FORCES TO HELP GOVERNMENT.

Nanking, June 9. General Shih Yu-shan and Sun Tien-ying, two Northern military commanders with considerable influence in Shantung and Honan, have telegraphed to Peking, pledg ing their allegiance to the Central Government and suggesting it dispatches its Honan forces tu assist the Government in the coming war against Communist bandits,

General Shih is on his way to Tsinanfu to confer with General Han Fu-chu-Rensha.

separate

of cross estoppel as a thing. He there staled that Shrin's Case (1879), 6 Q.B.D. 188, was case of estoppel against estoppel, but in that case there were not two contending estoppels. It was not ted that there could be any against Burge & Co. It was, so far as this point is con- cerned, merely an instance of the principle of paragraph above. It must have been in that sense that Farwell, J., used the expression "estoppel against estoppel".

Fourth Ground,

The well-known dictura from Lickbarrow v. Mason was put for ward as a fourth ground of appeal, That dictum is very difficult to apply and I know of no case where the decision rested only on the principle said to be embodied in that dictum. Lord Halsbury, who quoted an American form of the dirtum in Henderson v. Williams (1895) 1 (2.B., at p. 629, expressed At 12. 332, his surprise that In Farquharson King (1902).

two of the learned judges in the case seemed to be under the im- pression that the proposition waą

that "that any person who has enabled another by any means to commit frand must be the person to Bu

are in

4 serious ofcher against his finner when shr years of age, A good - dial quarrelling ensued and defendant, when he finally left, said he was going to take the mutter up with the Secretary for Chinese Affairs. Counsel went on to say that, in view of the defence filed, denying that defendant

even spoke ur published the words complained of it was necessary to deal with what

Anbsequently occurred

Un morning of the following day eur, (Monday, November 10) plaintiff Plaintiff No, you spoke very interviewed Mr. A. el Arculli who loudly. wrote a letter to defendant which was not answered, and a writ was issued on November 17 elitning damages for defamation of charac- It was put to plaintiff by defen-strangely familiar, such as the probably have failed, partly on the

Two or three days after the issue when the girl wave fint, these tracters she can not intended

erratic and ground that the representation was to Inditee the de- of the writ, a friend of defendant, she told him that when she was suffer Leung Shing-yu, ulso a police in seven years old, plaintiff had be- though bound for the same town, any way, and could not reasonably company fendants to alter their position in terpreter, intervened on behalf of haved in an improper manner to but A must needs start two hours have been taken as indicating any defendant, and as a result a meet her.

before B, and both at any cost avoid such intention, and partly on thu ing took place at the Toto Siu Plaintiff denied this, saying that, poor C. Or that irritating and ground that it did not in fact enuse Restaurant at about five o'clock on in fael, defendant accused him of pedantie parent who tells his inquir- them to do anything. They mere- Saturday, November 22, Those

ing son, "If you take 4 Years from ly continued the course which they present were plaintiff. Se Chi- more serious offence. kwan, Lau Siu-sang, a

my age, the Remainder will be had already adopted on the word of a clerk in Mr. Argulli's employ, Cheung Kung-

But if you take 1 from your Age,tion on the part of the yung, manager of the Chuk Dam Replying to his Lordship, plain half the Remainder will be the The point, however, was not Club, who was asked to be present tilf said that when defendant or Square Hoot of my Age." One There seemed to be third as a witness for plaintiff, defen-rived at the house he (plaintiff) wonders if any modern parent ground of appeal, baked on what dant and Leung Shing-ytt.

was told to go and see him. He did would dare such an evasion; and was referred to as "cross estop- Apology and Firecrackers. so and they ant aide by side. A just what Mr. John Hill gent. pel or estoppel

fer estoppel against few words were first spoken in a would make of "So's your old I confess I fail to appreciate "It At that meeting defendant normal voice and defendant asked man!" by way of reply 1. agreed to sign a letter of apology him why he did such things. Plain-

a separate ground. It is true that which was to be drawn up by Mr. tiff anked "what things?" Defon-book carefully back upon its shelf, times, but I think that they express Well, it's time to put the old the above two terms are used some- Arculli, and undertook to give a dant then thumped a table, raised and for the honour of the family no more than the principle referred dinner to members of plaintiff's his voice, and made the accusation we choose to think that Garretto, in paragraph: 4 above, in, that household, at which he would make in the presence of people who were Van Gelder, told the whole truth a party cannot rely by

way an open apology and discharge firecrackers.

when he said he "Maid this Book toppel on a representation induced Evidence was then given by Ses Servente at command." On Monday morning (November

wn misrepresentation. In- And by his own

deed, Spencer Bower, in Estoppel 'twere a gallaut victory! 24) defendant called at Mr. Ar- Chi-kwan as to what defendant

by Representation, 1923, P. 1903, culli's office for the draft apology told him, and as to a plece of

anys that is the

the but he was informed it was not paper, on which were ́ Chinese ·

old formula that against ready. It was sent to him on No characters written by So Ah-mui

estoppel doth out the matter at vember 25, but it appeared there and concerning her, which defen-

Iarge". There seems to me to be was a stumbling block caused dant handed to him. This paper, through an agreement by defon said witness, was handed back to

no question of two prima facie estoppels cancelling one another dant to pay plaintiff's costs being

out. contained in the letter.

Nothing was heard from defen- dant until December 4,, when he

present.

Accusation Made.

twice The Number of your Years. Lam Ynu without any

repai

کسی

WEATHER REPORT.

The Royal Observatory reports defendant. Mr. Jenkin said he had that the typhoon is about 160 not got the paper and would not miles N.W. of the Bonins, moving take the point any further.

The case is proceeding.

east. A depression

over Tongking.

la

shown

A

of

| RV

of ca-

Farwell, J.. in Dixon v. Kennaway (1900) a Ch. at P. 840, was cited as an authority for the existence

when two innocent persons

question."

As he proceeds to point out, it depends on the sense in which you are to under. stand the word "enabled." Here I do not think that it can be sald that. It was the cash, youchers which enabled the fraud to be committed, though they may have

facilitated it, and though the is

sue of credit notes might have checked it.

For these reason I think that the appeal should be dismissod with costs.

In any future case, the full Court must be supplied with copies of all the documents to be referred to, or, In the case Clitnene exhibits, with copies certified transitions.

of

of

Mr. Justice Lindsell:-I agree. with the judgment read.

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