1939-06-06 — Page 27

Tuesday,

HONGKONG TELEGRAPH

June 6, 1939.

HONGKONG LAWYER WINS CLAIM AGAINST CLIENT. Sequel To Complicated Case

MR. F. E. NASH, solicitor, appeared as plaintiff in a

unable to pay and suld so to Mr.

Nash, who then told him: “I will get somebody to make you a loan."

Mr. Nash eventually tntroduced him to one Wong Cheuk-man who tent him $1,500 on an equitable charge against the property which he ex- peeted to receive out of the ense gainst his mother. Out of that loan, he actually received $1,050 and of this amount, he paid Mr. Nash $400

Summary Court action before Mr. Justice R. E. Lindselled to pay $100 on account. He was this morning, when he brought a claim for $947 against kis former client, Chiu Sze-ming, of 5 Prospect Lane, The claim was made up of $897 for professional services rendered and $50 for money lent.

Appearing for Mr. Nash, Mr. M. W. Lo said that the professional services which his client rendered were in connection with a very complicated case which defendant brought against his mother and which involved property valued at more than two lakhs. After proceedings in respect of this action had been instituted, defendant count. He refused and it was then engaged another solicitor, Mr. Peter H. Sin, and came to a settlement with his mother,

According to the statement of de-stood he was in desperate strafts and fence, continued Mr. Lo, defendant I took in the case in new to alleged that Mr. Nash had agreed to course until he had money to pay. accept a fixed sum of $1.000. for his Did not Mr. Le ring you up and services. Mrr Nash would say there jasle you not to press for payment was definitely nothing of the sort, No, I knew all along defendant was and in any event it was imposable hard up. for him to do so as the action which defendant brought against his mother involved a big sum and might have gone on for months.

case

Mr. Nash In Box Mr. Nash gave evidence to this effect, and nuded that in the course of the

defendant changed solicitor and instructed Mr. Sin, who subsequently wrote him asking for the papers and his bill of cost. These were duly forwarded with a request for payment, und later defendant told him that he would pay after the bill had been taxed.

Did Not Arrange Loan

ent nezouni.

When the statement of claim was about to be filled," Mr. Nush asked on nt-

him to pay a further sum

that Mr. Nush was to receive to

E sm of $1,000 as costs up

the stage the case was to be heard, including the fees for retaining

opinion." Counsel and their

Mr. Lot If you hnd agreed to pay $1,600 to Mr. Nash, why did you no to Mr. Sin, especially when the case was about to be settled? Because, when the statement of claim was to be fled, Mr. Nash naked me to pay a further sum an account. 1 was unable to do so and he then asked me to mortgage another house. I refused and so went to Mr. Sin, who is a friend of mine.

Nash.

Did you subsequently arrange a loan for defendant in order to enable him to pay you?-lie was very badly

Further questioned, defendant ad- in need of money and subsequently he brought to my office a man who mitted having borrowed $50 from Mr. agreed to lend him $1,500, I learn ed from that man that defendant hadi told him he had a good case against { his mother and only needed money to pay the costs first. It was not 1 who arranged the loan.

Judgment For Plaintiff

His Lordship: 1 have no hesita- tion whatever in necepting Mr. Nash's between version of the agreement lain and defendant, and I therefore Judgment for plaintiff with

give

Out of that loan of $1,500, de- fendant only receive: $1,0507 casts. don't know how much. That was a man matter between him and the who advanced the money.

Didn't defendant ask you to fix an

Mr. Remedios applied for stay of exccution for one week, but this was opposed by Mr. Lo, who pointed out that as a result of the settlement

Sir John Simon, Chancellor of the Exchequer, laughingly holds up portmanteau of bndret papers, on way to House of Com- mons.

NO DRIVING

LICENCE: EUROPEAN FINED

Nush, "The bill," went on Me, "was taxed on March 21 and I was allowed $1,297. I wrote to Mr. Sin about this on the same day, at the

A. B. Moir, of "Cornhill," Quarry Bay, was fined $5 by Mr. same time demanding payment of exact amount for your services? which he reached with his mother, $897, defendant having already paid No.

And didn't you say the costs would month was now receiving $200 R. A. D. Forrest at the Central Magistracy this morning, when It was also very likely that summoned for driving a private car without a licence at King's $400 on account. Defendant did" not "

in trial, including he had also received part of the pro: Road on May 8. He pleaded guilty, see me about this but sent a

re-be $1,000 presentative to my office onee or Counsel's fees-No.

perty. Further, it was largely due iwice to ask me to cut down the bill. Re-examined, Mr. Nash said he to Mr. Nash's efforts that the settle

and Eventually, defendant saw me at Me had retained Mr. Polter Mr.ment was arrived at, but in spite of

and

had that defendant had done his best to Lo's office and offered me $400 in Minenumata for the case settlement. I refused and defen- also sought the former's opinion. avoid payment. dant then said that he would

His Lordship observed that that Mr. Remedios pointed out that his Instruct Mr. Remedies to apply for was not very cheap, and Mr. Nash client had only just returned from

agreed. Instalments,

Shanghat and only wanted time to J. Cross-examined by Mr.

Giving evidence, defendant sald get the money from his mother. D'Almada Remedios, for the defen- that before he instructed Mr. Nash His Lordship: He might take the dant, Mr. Nash agreed that it was for the case he had seen four other opportunity of going back to Shang- Mr. Lo who introduced defendant to solicitors, including Mr. Remedios.bui him.

All of them asked for payment on Mr. Remedios: He has just come Mr. Remedios: As a matter of fact account, and as he was unable to do back from Shanghal and there is no Mr. Lo was acting for him before?so he went and saw Mr. Lo, who likelihood of him going there again.

His Lordship refused to grant introduced him to Mr. Nush. Did you not demand payment of Mr. Nush immediately asked him stay of execution, saying that he $500 on secount after he had signed to sign the retainer, and four days disapproved of defendant's conduct the retalner? No, because I under-latter he had done so, he was request-throughout the proceedings.

Yes.

M.

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Aeting Sub-Inspector F. Clarke; said that Moir previously held a Hongkong licence, and prior to going on leave last year, had taken out an International driving licence, which had expired on April 28 this year. The fact that defendant did not have alleence to drive was discover- ed as the result of an accident in which the defendant was involved on May 8.

Miss Daisy Kong. of Lockhart Road, was fined $5 for leaving her car unattended in Chater Road near the Post Office on May 12.

Mr. M. A. da Silva represented

Fred Snite On Way Back Home

BORDEAUX, June 5.

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Miss Kong and pleaded guilty. He iron-lung boy who was stric- stated in extenuation that Miss Kong was in a hurry to get to the General ken with paralysis in China Post Office that day as she had an three years ago, has arrived at urgent letter to send off. Finding no Bordeaux to embark for Miami, available parking space in Pedder

Street or Chater Road, she left her after a tour of Europe that has car in Chater road as she thought she taken in the sights, via a tiny would not be long in the Post Omee. mirror above his head, of She was, however, held up for some Lourdes and Paris, time owing to the number of people buying stamps, ·

For

New Hope- Refugees

Saite has been encased in his iron Jung since he contracted the dread disease. He cannot leave his artin- cial breathing apparatus.

Special trucks and trains are neces- sary to transport the youth, son of a Florida multi-millionaire, from one

city

to another,

In Lourdes he visited the famous Grotto, and sanid to have derived HAVANA, June 6. great comfort as a result of his re- the world- JUST ag the Hamburg-gious pligrimage to

Amerika ling was announcing |

renowned shrine,

From his le mirror he saw, for

this morning that the s.s. St. the irst time, the Notre Dame Louis was returning to Germany Cathedral in Paris.

because hope had been abandon- To-morrow he goes aboard-ship ed of landing the hundreds of again to return to his home in Miami. Jewish refugees packed aboard-United Press.

the ship, fresh hope came that

the people would not have to

return to their country from Old-Time Cheating

which they had been driven.

The President of Cuba has per- sonally interceded In the case.

He informed the Press this morn-

instructed Ing that he hos

the Government to consider waiving the regulations in order to permit the icfugees aboard the St. Louis to dis- embark,

If the Government consents to the

Trick Played

A familiar trick was practised by woman and a youth on another woman at West Point yesterday, ac- cording to a report made by Tong Han, 38, married woman.

She said she was in Queen's Rond

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West when youth of about 16, ac- President's proposals, the refugees companied by a womun, came up to will be allowed to reside in "proviher. The woman told Tong that a sional concentration," possibly on the parcel the youth was carrying con- Isle of Pines,United Press.

Police Make Bird Forays

tained $50 Hongkong banknotes, and asked Tong if she could help them change the money, as they newcomers to the Colony,

were

Tong obliged, and banded the woman $180 in money and jewellery as security while she went to a money-changer's, There the parcel was opened, and was found to con- Santa Cruz, Cnl. tain worthless banknotes. Hastening Police duties are becoming more back to where she had left the two involved and extensive every day. tricksters, Tong found them gone.. In a day here, they were called upon twice to intervene in bird netiviles.

woman telephoned that wood WASHINGTON, June 5-Congres- peckers were making holes in her house. The police used T BU-gun-onasional action to-day completed the bill authorising the appropriation of them. Another woman complained $100,000,000 for Government that pigeons were wrecking her gar-quisition of strategie raw materials. den. The police entlerd them away The bill will now go to President by sprinkling grain for them.

Roosevelt, for his signature.---Reuter.

Theft From City Office

Mr. L. P. Knige, principal of the Knige Hydro-Therapeutic Institute, King's Building, has reported the theft of a stop watch and a' table cloth, valued at $24, from the In- stitute on Sunday."

ACKNOWLEDGMENT

The "Telegraph" has received $10 from "Sympathiser". The

amount

has been handed to, the Kuttner family.

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11th June

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