1934-05-02 — Page 17

LIABLE TO CHARGE OF CONTEMPT

MR. Y. K. MOK AND

SHARE DISPUTE CASE

THE CONCLUDING

SPEECHES

THE

Mr. H. G. Sheldon appeared on behalf of Mr. Croucher.

HONGKONG · TELEGRAPH.

WEDNESDAY, MAY

amination yesterday morning. Mr. having had notice of the assign. Sheldon said he had not yet re-ment to the second mortgagee. MR. FORSYTH AND A CREDIT. turned from Canton. He had left On the other hand Mr. Woo was

Mr. Forsyth

further the Colony, because, as head of bound_to_entisfy any claim Mr. cross-examined by Mr. Sheldon the Taikoo Sugar Department of Croucher had on the shares. when the hearing was Mesers. Butterfield and Swire, it resumed this morning, and agreed was essential that He attend that from the books of the fato mesting of the Canton Government Mr. Woo he had ascertained thero in regard to n large project in bad been a taking over by him of hand. He had been warned that 8,000 Tramways and several China if he was not In Court he would

dents in respect of loans on

which the mortgagors milic. faulted.

Mr. Sheldon: I think there was and June 18? Yes. They did a rise in Watsons between June go up for a day or two.

be liable to a charge of contempt of Court. He had been telephoned and telegraphed to but he had not come back this morning. Plain his case without the evidence of tiff would therefore have to rest Mok which his Lordship would have to strike out.

DEFENCE ARGUMENT..

It must bo nasumed that, if there was a forward contract there was a forward seller and that the person had the sharca.

made

2, 1984.

DANGER OF WAR

IN PACIFIC

(Continued from Page 1) Yuan, of which Mr. Sun Fo is the President. has unanimously MR. CROUCHER'S POSITION.

reached a decision on the attitude to be adopted toward Japan's Another point

by Mr. hegemony claims. Sheldon, and it was an interesting Recommendations embodying the point, was what was Mr. Greu-following principles, are to be cher to get out of the arrange-submitted to the Central Govern- thing? For the Root reason that ment? Why should he get any-ment for adoption:

(1) The Government to take there was power for him to pre-effective atops, in accordance with Then supposing Mr. Groucher

vent the transaction, Assuming the provisions of the Nine Power Had sold these shares and after

that the transaction related either Treaty and the Covenant of the The stare dispute claim at the June 18 had come to you with n

to an assignment, of Mok's equity League of Nationa, to check Supreme Court in which Mr. cheque to whose account would you

Summing up for the defence, of redemption or a further charge Japan's aggressive acts in China, N. V. A. Croucher, local share creilit that cheque, that is of courie Mr. Potter said, with due respect, what would naturally follow was (2) Chinese diplomatic repre- broker, la auing the executors of before you found

the letter of he could not agree with the point that Woo would have to satisfy two sentatives abroad to be instructed the cainte of the late Mr. Woo June 17-1 would require more mate in cross-examination by the thies. The first was to satisfy to take measures to provent for Hay-tong for $81,188.93, was con- Information.

plantiff's Counsel that the trans himself that Croucher had got the elgn nations from being misled cluded this morning when the. If Croucher suld Woo Huy-tong Retion was a forward purchase if shares and secondly he would in- by Japanese propaganda and Chief Justice Mr. A. D. A. Mike-] had bought some shares he held indeed there was a sale, was on the forms Croucher of his assignment (3) The organisation of Gregor reserved judgment, follow for Mok what would you do then? same pinne as a forward contractor further charge. That being tional defence schemes. Central ing brief speeches by counsel.

would credit it to Woo, liny-left entirely unanswered what dune Mr. Croucher had nothing News. Defendants were Messrs, Strath-tong.

was a crucial point in the case, more to do in the matter. He mort Tatham Bullin and Henry And after you had found the namely, why should Woo Hay-kiew. Lowever, that Woo had e- Russell Forsyth, chartered uc- Hefter of June 17-I would also tong undertale contractual liability quired an interest in the shares commiants, of Gloucester Building, credit it to deceased's account. to Mr. Croucher to pay $69,500 either by way of assignment or executors to the esinte of the late Atenkin the case for the defenec case, there was not the slightest if he wished to exercise his rights, After a brief re-examination by when, on the proved facts of the second mortgage, and, inevitably, Mr. Woo Hay-tong, who were re- presented by Mr. Eldon Potter, was closed.

necessity to do so, because Mr. he could only do so by paying K.E., Mr. F. C. Jenkin, K.C., and Y. K. MOK'S NON-APPEARANCE. Croucher was bound as a matter every farthing owed. Mr. H. C. Maenamars, instructed Referring to the non-appearance of law to notify Mr. Woo Hay-tong by Messrs. Woo and Nash.

of Mok Ying-kwal for

cross-ex-before he sold the shares, he

REALLY

Charming by day -'enchanting by night. Kayser stockings are always at their best. They're so clear, so sheer, so faultless, so beautifully made. They hug and slim the ankio. They flatter-from silken toe to very top. Kayser's skillful designing, fine workmanship, smart colours will appeal to every womon.

AT ALL THE BETTER

SHOPS

KAYSER

:

FOR THE SENSITIVE FOOT.

What distinguishes a Rennet Shoe from all others

is the braced foot fit. Here are fashion shoes which literally corset the feet, giving that support

under the insteps and that freedom Across the front of the foot which makes for elegant cate

while walking, and gives utmost comfort at all

times.

SALE

THIS WEEK

PAUL RENNET ET CIE

186-190, Nathan. Road,-

(Corner Austin-Nathan Roads).

All Nathan Road Buses stop outside our entrances,

an

r'c.

Woo Hay-tong Ind only assignment of the equity of demption or a further charge or a promise to pay over the differenec to him it would be impossible for Woo lay-tong to make any entry in Mok's account because at the time he did not know what the charge would bring him. Plaintif had falled entirely to prove con traetant liability between himself and Woo Hay-tong.

INCENUITY OF COUNSEL.

Mr, Sheldon said: This case in somewhat important not only from

RUBBER PRICES

LATEST SINGAPORE QUOTATIONS

130-

Messrs. Benjamin & Potts are in receipt of the following Straits from Singapore to-day for raw currency quotations (buyers)

rubber:

Spot

May/June July/Sept Oct/Dec

23 cta. 21 cla,

24 cts.

25 ela.

Market-Stendy. Steadily ris- Ing prices expected.

Persia's first Consul-General to

who arrived here

the point of view of monetary China, M. Key Ostovan, was amongst liability to Mr. Croucher for this the passengĒTS reason. It seems to me a bargain yesterday by the s.8. Tilawa. He has boon appointed to Shnaghat. Ac- made between perfectly decent companying him are Miles. Marie and business mon, and understood by Lily Ostovan.

them has to be upset by legal Ingenuity of Counsel, submitting

from the documents and books and assigned the equity of redemption. evidence before the Court a con- Such things did not happen in ren! struction that was never before life. The right of ♫ second dreamed of. I do not in the least mortgagor was that he could sull mind what happened between Mok whatever right he had with the and Woo. All I am concerned about is what was the real agree-zo into the market and sell the hed equity of redemption but could not inent between Croucher and Woo.shares. How was that recon- Happily we all agree that Me. cilable with Woo's atatement that true when he sold he would give Mr.

Croucher'a evidence 18 evidence and his statements entirely unchallenged.

་

are Croucher the brokerage? It was.

impossible to reconcile the two

Dealing with the two lines adopt-things.

ed by the defence in attacking the REMARKABLE POSITION. plaintiff's case, Mr. Sheldon said: The second point of the defence their first was that on the evidence was that if there was a sale by there was no sale to Woo by Mok, Mok to Woo, Woo did not make but Woo merely became second himself liable to Croucher. From mortgagee. He disputed the pro- that the remarkable position arose position that it was an

ordinary that

Woo had a right to the 5,000 transaction. It was an unusual Watsons on payment of $69,500 matter that there should be aand at the same time Mr. Croucher second mortgagee on ahares. The had a right to sue the unfortunate equity of redemption was not Mok for the money. Mok'. He was the mortgagor.

LIABILITY ISSUE.

He contended that at the inter- perfectly-normul view there was'n'

algnment of equity of redemp According to Counsel for the tion. The two lines of defence. defence the man who was Jiable were built on fallacies,

for the shares to Mr. Croucher was The real facts were that Woo Mok, the owner of the equity of suist to plaintHT "I am taking over redemption. Mr. Sheldon question he shares and will give you ed whether his Lordship had ever brokerage." The law. Implied the heard of the assignor of equity of promise to pay. redemption remaining liable on the lis Lordship reserved judg mortgage when he had netually) menf.

OTARD'S

ESTADO 1705.

THE BRANDY WITH A PEDIGREE

From

| $9.50 to $32.50

GOOD NEWS to Tennis Players

& GIFTS #

TIN OF 4 SLAZENCERS

TENNIS BALLS

or

1 TIN OF 3 SLAZENGERS

BALLS & 1. RACKET PRESS

ΤΟ

EVERY PURCHASER

OF

ONE TENNIS RACKET Spalding. Slazengers, Alexanders, Wright & Ditsons, étc.

FROM SINCERE'S

Sports. Dept. Ground Floor.

LIGHT - WEIGHT SLIPOVERS.

SPECIAL

REDUCTIONS

FOR

THIS WEEK ONLY

•Those Slipovers have been

most carefully selected for their weight and quality

of the wool used in the

making.

THE KEENEST

IN THE COLONY.

$5.50.

PRICE

BERNARDS' OF HARWICH

CHATER ROAD St. George's Bldg.)

HONGKONG. Tel. 28365.

Mossa. KOMOR & KOMOR'S

SPRING EXHIBITION

OF

PICTURES

WATER COLOURS

By the Foremost Artists of Japan

FOR

!!ONE WEEK ONLY!! From MAY FIRST

OPEN from 9 a.m. to 6 p.m.

PRICES RANGE FROM $2.50 Upward Most suitable for Birthday or Wedding Presents. AT THE ART ROOMS

OF

KOMOR & KOMOR

York Building.

Hey

Art & Curio Exports.

Chater Road.

EMERGER!

„diddle..

A diddle

'THE CAT AND THE FIDDLE·· The HOLLYWOOD

PREVIEW

was

Ramon NOVARRO

Jonnetin MacDONALD. CAT AND THE FIDDLE

They change so fast, there should be a now picture at least once a year, for photographs of the children never grow up.

Make an appointment to-day. THE MING YUEN STUDIO 17, Queen's Road Central (First Floor). (Between the H.K. Hotel and Dairy Farm Store, Queen's Road C),

Tel. No. 24310.

الا ان السلام