1939-01-30 — Page 27

Monday,

HONGKONG TELEGRAPH

January 30, 1939.

INSURANCE COMPANY ALLEGES FRAUD Supreme Court Case of $30,000 Claim Opens

ONE MONTH SET

OVER

ASIDE FOR HEARING

VER A MONTH has been reserved for the hearing of a claim against an insurance company which com- menced before Sir Atholl MacGregor, Chief Justice, at the Supreme Court this morning.

he

The Cheong Shing Hong, commission agents, No, 31, Bonham Strand West, claimed $30,906.23 from the China Underwriters Ltd., No. 4A, Des Voeux Road, in respect of policies covering goods destroyed by fire a year ago.

Mr. Eldon Potter, K.C., and had been marked off by the assessors Mr. H. C. Macnamara, were as fraudulent. Apart from the fact instructed by Mr. E.. Davidson book mintaites, patently obvious as that the so-called fraud consisted of of Hastings & Co, for the plain- such from an examination of books tiffe. Tho Hon. Mr. Leo and Invoices in the possession of the D'Almada and Mr. D. J. N. assessors, would be ridiculous, Anderson were instructed by Mr. Counsel suggested, to believe that his O. E. C. Marton of Messrs.ient would risk losing the $70,000 of Deacons for the defendants.

was assured, by 127 fraudulent alterations in order to , set In their statement of claim plain-anollier $50,000

which

one fraud alone tiffs set out that they had three was sufficient to nullify all claims. several policies of insurance for The plaintiffs had fifteen days in $15,000, $10,000 and $15,000 made by which to prepare their claim but since the defendants in consideration of the representative of Nelison which

ich premiums were puld. By these Malcolm, the Insurance Company's efendants Insured plaintiffs assessors was anxious to get back to

loss or

damage by fire of Canton, the claim was prepared and merchandise stored in the Chrong handed in in three days, this haste Shing long Godown at No. 103, no doubt contributing to the errors Connaught Rond West.

made in it. Plaintiffs had live other policies,

other companies in respect of these to

Counsel described the books of the Foods

the

amount of $110.000 inaking a total of $150,000.

firm and said the Weight and Price: The goods were destroyed by fire

book which was alleged to have been on January 7, 1938

and the loss forged, merely permanent sustained by plaintiffs was $115,-ecord of the invoices of the goods as 090.36. Plaintifs claimed $30,000.23. ey were received from Japan. The

alterations but these could at once booit contained many errors and

detected by comparison with

the original invoices which wer

were handed to the assessors four days aft fire. The items

the after have been called improper claims and

complained ot

should corrected as such but they should ever have been described as fraudu lent. In their zeal for discovering

with

being the rateable proportion of the toss to be borne by defendants.

ALLEGED FRAUDULENT CLAIM

In the statement of detence, de- fendants said the policles were sub- Ject to the following conditions: "If the claim be in any respect fraudulent if any false declaration be made or

or

"DANGEROUS PRECEDENT"

was

bc

Brazil-U.S. To Have Secret Talks

KIŲ JANLIKU,.

Jan. 29.

on

THE Foreign Munster, Sen. Aranha has gone to tho United States the invitation of President Roosevelt to discuss means for establishing closer rela- tions between the two coun trica.

Strict secrecy is being preserved about the subject of the talks, but it is under- stood that trade arrange- ments will be given pro- minence, and дл attempt will be made to reach an agreement enabling Brazil to buy more from the United States-Reuter Special.

ANY FARTHINGS IN H.K.?

Girl Collector In England Sends Out Appeal JOAN CALEY, who set

$78,000 Grants To Refugee Organisations

GRANTS FOR $78,000 were made to various refugee organisations at a meeting of the Board of Administrators of the British Fund for Relief of Distress in China (Hongkong and South China Branch), held in the Council Chamber last Friday.

The money has been granted as follows:-

$10,000 to the Tung Wah Hospital for Shum Chun Refugeo

Camp.

$3,000 to the National Association for the Care of War

Orphans, Hongkong Branch.

$60,000 to the Emergency Refugee Council.

$5,000 to the Shum Chun Rural Welfare Centre.

Among those present at the meet- ing were the Hon. Mr. N. L. Smith (Chairman), Hon. Sir Robert Kote- wall (Deputy Chairman), Hon. Mr. W. J. Carrie, Hon. Mr. 2. N. Chau, Hon. Sir Shouson Chow, Sir Vonde- leur Grayburn, Hon. Li Shu-fan, Hon. Sir Henry Pollock, K.C., Rt. Rev. H. Vallorto, Mr. M. K. Lo (Se- cretary). Father Ryan attended by invitation.

It

was revealed during the meet- ing that, on the application of the Chinese Sub-Committee of the Fund, the Hongkong Football Association had kindly agreed to arrange

foot- ball match between the S.C.A.A, and the Rest of the Colony, to be played

Governor Visits Exhibition

Ancient Paintings At S.C.M. Post

HIS Excellency the Governor

on February 20, in aid of the Fund. and Lady Northcote, accom-

un

The Chinese Sub-Committee of the Fund are organising

Chinese a

During the meeting, it was decided

panied by Capt. S. H Batty

used in support thereto, or if any the "fraud" the assessors had picked out at six years of age to/nection with their Shum Chun Re-ing Artists Guild, and the plc-

fraudulent means or

ang or devices are used

They

on 127 items necessitating great ex-

items

the

Bazaar in aid of the Fund during the Smith, wore interested visitors Chinese New Year holidnys. "This to the exhibition of ancient Bazaar will be held at King's Col-Chinese paintings at the South lege

China Morning Post Board Room lorant $10,000 to the Tung Wah 10-day. The exhibition is ar- Hospital for initial expenses in con- ranged by the Hongkong Work-

Care of War Orphans, Hongkong fuger Camp.

tures, which are being shown, Another $3,000 has been granted are to be exhibited in London in to the National Association for the

the near future. Branch, on tie basis of $500 a month for six months, aid of that Asso-ese masters of the Yuan, Ching, Tang The delicate work of the Old Chin- clution in looking after orphan chil- and Sung Dynasties, were praised by interested in a painting of the Ta His Excellency, who was especially Tung Palace by General Li Ssu-hgu in the Tang Dynasty.

dren.

A grant of $60,000 will be given the Emergency Refugee Council in the first six months of 1939. respect of their refugee work for gronting

by the insured or anyone acting on pense, research and scruting on the collect 100,000 farthings be- his behalf to obtain any benefit under plaintiffs part to combat the allega for her sixteenth birthday, this policy.

at! benefits under this tions. Such a precedent was danger- policy

Bhall be forfeited."

for if insurance ous alleged that the plaintiffs in their lightly alleged fraud, in many

companies thus

hushas extended her appeal to original claim on January 10 made one of which if proved, would in- Hongkong. ก fraudulent declaration of loss validate the particulars of which were given, and feel that he could not bear the ex- claim a claimant might until they obtained Inspection of the pense of going to court to contest each lection in order to repay

She decided to make the col- plaintiffs documents, they could not item.

the to It would be seen from the kindness of gay whether

particulars were translated accounts that many of the Green Children's Hospital, which the

the Paddington complete. Detatis were given of tenis

clatmed were Items claimed at prices higher than mistakes that could be corrected, 50 patently

saved her life. the market prices.

that fraud should Mr. Potter, in his opening, said his suggested. Yet even on these, plain- March. Already ale has

never have been clients were a partnership started in tin was put to the burden of proof 94,483 farthings from various parts She will be sixteen years of age in 1006 and

collectca engaged

Importing marine and the court would have to Inves of the Empire. Side by in foods from the Yu Ching Hong in tigate each of these items.

side, Kobe. The manager of the plaintiff

Counsel said the point of charging

'coins would stretch more than a mile, Arm In Hongkont was Mr. Wong higher than existing market prices for Yung-tong, n n director of the Bank of goods could not be sustained as fraud. Avenue: Yiewsley, Middlesex, is gel- But Joan, who lives at 23 Yew East Asia and man of some position When ordered by the Judge in Cham-ting anxious. In a letter to a friend In Chincte financial circles. It was bers to give what they thought was in Hongkong she asks admitted that the fire was an

was an ae- the market price, defendants had had would be possible to collect any far- whether it eldental one and that goods of the to resort to plaintiffs' books to get things in this Colony. She still needs plaintiff were in the gedown to the the information. There was no such over 5,000 farthings to fulfil what she value, by defendants' own estimation, thing as a market price for the considers her debt to the hospital. of between $70,000 and $80,000. This particular goods here since they were was a debt owing to the Insured com- imported by only one or two firms. pany but payment was now denied Counsel

unsel then went over several of them on the grounds that they had the contested items and said bad dellberately forged the Weight and bookkeeping on his clients part was Price Book to get greater value for several times met with mistakes by the goods from the insurance com- the defendants' side and Items which

She was made a Life Governor of the hospital when she was twelve.

been

graciously plensed to approve of the

His Majesty the King has pany. There had been other charges were at first agreed to be non-award of the Imperial service Medal but they had been dropped. The use existent had had to be restored to the must be unique in insurance claims claim.

to Mr. Sung Teng-man. lately Ac- since of the 137 items put in, 127:

countant of the Medical Departmen!, Hongkong.

NEW

The hearing is proceeding.

ANCHOR

Butter

NOW

$1.15 per pound

ZEALAND FINEST GRADE

THE WORLD'S BEST

CHO

"ANCHOR" BUTTER IS UNVARYING IN QUALITY AND GUARANTEED BY THE GOVERNMENT OF NEW ZEALAND TO BE THEIR "FINEST GRADE" BUTTER,

The

of this amount was decided

...have Your

TRIED

"with MILK?

and

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with AN EGG'

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the fullest nourishment in a mert ugrásabla form. with SODA WATER? A sparkling and palatable

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EWO MALTONIC

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or from JARDINE MATHESON & CO., LTD., Tel. 80311.

For Day-long Freshness

Head and Ahoulders above all other soaps when it's

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right's

Coal Tar

Soap

WRIGHT'S Coal Tar Soap

The collection, which was that of

at the meeting after a note had been the late Mr. Tse Tsan-lal, included taken of the audited accounts of in-nger paintings of the Imperial col- come and expenditure of the Emer-lection of A.D. 581.017——"Fishing." gency Refugee Council.

"Afforestation,' "Agriculture," and After considering the appeal from "Education" by Chan Tsu-chien. the Shum Chun Rural Welture Cen- tre, the meeting decided to grant ject to ald Chinese refugees farmers $5,000 in connection with their pro- in Shum Chun and surrounding ter- ritories. that his firm is prepared to act as Mr. J. H. Selh has kindly intimated Hon. Auditors of the Fund.

Manchukuo

New Staff Officer For H.K. Arrives

Col. A. G. Neville, M.C., new G.S.0.1. of the China Command ar- rived in Hongkong on Saturday by

Col. N. M: S. Irwin,

Foreign Trade Imperial Airways to take over from

Unfavourable

Hsinking, Jan. 30. Manchoukuo's foreign trade for the second ten days of January resulted in an adverse balance of 21,220,000 yuan, offeln figures re- leased here Indicate.

Col. Irwin, who has inished his term of service on the China Com- mand, will leave by the steamship Sarpedon on February and will take over command of the 16th Bri- gade in the United Kingdom,

The new G.S.0.1. comes from the post of military assistant to the Chief of the Imperial General Staff. LIAISON OFFICER During the period under review, Manchoukuo exported 13,003,000 yen Eady, M.C. arrived from London on By the same plane Col. H. G. to Japan and imported 29,257,000 yen a visit. He is neting as liaison officer from Japan. Manchoukuo's trade for the War Office.

with Chins

in the

same period in- cluded 3,507,000 yuan of exports and 2,047,000 yuan of Imports.

The country's trade with other foreign countries consisted of 7,120,- 000 yuan of exports and 14,482,000 yun of imports.-Domei,

Army Medical·

Stores Theft

Sergeant A. Smith, RA. Dental Corps, reports that somebody stole

Cabinet Re-Shuffle articles valued at $52 from the Milt-

Paris, Jun. 20, The British Cabinet reshuffle has aroused considerable interest here, particularly the appointment of Lord Chatfield, whose mission, says the "Excelsior" will be to "prepare the way for new spcrifices to be asked from the country, and acceleration of the re-armament programme in all its sphères." Reuter,

BUY "ANCHOR" IT IS THE BEST DRPAT's

AND HAS NO EQUAL

FROM ALL COMPRADORE STORES IN THE COLONY

LANE, CRAWFORD, LIMITED

1

(SOLE AGENTS AND DISTRIBUTORS)

the genuine

"DOCTOR" Pipe

lary Dressing Shed in Chatham Road on January 28,

Lau Nin, of Lower Lascar Row, has reported to the Police that some person stole 12 dozen gross of sewing needles from him yesterday after- noon. The needles were valued at $103,

While standing in Shanghai Street yesterday, Lai Hol, of Oak Street,; was robbed of $150 in money.

PERFECT

POPULAR

PIPE

$3.50 only

at INGENOHL'S CIGAR STORES "LA PERLA DEL ORIENTE"

and other tobacconists,

FOR

VIGOROUS HEALTH

P & O-BRITISH INDIA (APCAR) AND EASTERN & AUSTRALIAN LINES

(Companies Incorporated in England.

Taking Cargo on through Bill of Lading for STRAITS, JAVA & BURMA, CEYLON, INDIA. IHANIAN GULT, MAURITIUS, E. & B. AFRICA, AUSTRALASIA, INCLUD NG NEW ZEALAND AND QUEENSLAND PORTS, RED SEA, EGYPT, EUROPE. ETC

“ENINSULAN & ORIENTAL FORTNIGIFTLY DIRECT ROYAL MAIL STRAMIBI (Under Contract with HM, Government,}

aŭ vessels may call at any ports on or cif the route,—and the route and all sailings sa subject to change of deviation with or without notice.

Steamers

*LAHORE RAJPUTANA

•SEHAR

RANCHI +SOUDAN

RANPURA RAWALPINDI

. †*BURDWAN

CANTON

Tans From H'Kong about

0.0004 Feb.

17,000 41 Feb. 6.000 11th Feb.

17,000 18th Feb. 7,000 25th Feb.

17,000) 4th Mar, |17,000 18th March 0,000 25th Mar.

16,000

1st Apr.

Destination

Straits, C'bo, B'bay & K'chi Bombay, Marseilles & London. M'ecllies, Havre, L'don, Hul, Hog, R'dam & A'werp. Marsellies & London. B'bay, M'soilles, Havre, L'don, Hull, H'bg, R'dam & A'werp. Marseilles & London. Marscilles & London. B'bay, M'actiles, Havre, L'don, Hull, H'bg, R'dam & A'werp. Marsellies & London.

• Cargo only † Calls Casablanca All vessels may call at Maita

TILAWA

SANTHIA TALMA SIRDHANA

SHIRALA

BRITISH INDIA APCAR BAILINGS (80UTIL)

10,000 11th Feb.

8,000 25th Feb.

10,000 11th Mar.

10,000 28th Mar,

8,000 8th Apr.

15'pore, Port Swettenham, Penang, Bangoon & Calcutta.

bo.

DO. DO... DO.

1.1. Apcar Lina Biompers have excellent accommodation for ist'à 2nd class Dispenger" MANTERN & AUSTRALIAN BAILINOS (BOUTZL)

NELLORE TANDA VANKIN

4th Mar.

7,000 3rd Feb., 11 a.m.) 7,000

7,000

1st Apr.

Manila, Rabout, Brisbane, Sydney, Melbourne & Habari

Kagular shonihly sailings from Hong to Shanghai & Japan & Iskong to ametralla.

SANTHIA RANPURA

TANDA

TALMA

Hong Kong to Mydney-10 days. SAILINGS TO SHANGHAI & JAPAN.

0,000 2nd Feb., 7 a.m. Japan. 17.000

3rd Feb., Noon.

7,000 3rd Feb.

10,000 18th Feb,

RAWALPINDI 17,000 17th Fol

*BURDWAN

SJRDHANA

CANTON

6.000 18th Feb.

10,000 2nd Mar.

10,000 3rd Mar.

Cargo only

Shanghai & Japan.

Shanghai de Japan.

Shanghal & Japan.

Shanghai &-Japan.

Shanghat & Japan. Japan.

Shanghai & Japan.

All dates are approximate and subject to alteration without notionŭ peresir MAERZINE MOR more than 50gt. will; be received at the Company's Omos up to nee an the day::previous tá sailing

sraing

For Paimade Hatas, Wandoonia, Fraight, etc., apply.

MACKINNON,MACKENZIE & CO. P