1940-01-29 — Page 25

Monday,

HONGKONG TELEGRAPH January 29, 1940.

Kowloon Dairy Farm Sued By Manager For Re-Possession Of Property

COUNSEL ALLEGES COMPANY "HOPELESSLY INSOLVENT"

Allegations that the Hongkong Dairy Supply Co., Ltd. had boon hopelessly insolvent and had oxisted only through the benevolence of the Hongkong and Shanghai Bank were made before the Chief Justice, Sir Atholl MacGrogor at the Supreme Court this morning, when the Company was sued by Mr. George Emanuel Ahwee for damagos for alleged breach of agreement in relation to the Kowloon Dairy,

Plaintiff also sought to regain possession of the; property, mesne profits from May 31 last, and an injunction restraining defendants from using the trade name "Kowloon Dairy" and trade mark No. 63 of 1925.

Defendants counter-claim damages allegedly suffered through the misconduct of plaintiff while he was in their service

as farm manager.

held on to the property in the hope Mr. Eldon Potter, K.C., and Mr. II.jat keeping alive. C. Maeruara, instructed by Mr. D.

H. Blake, of Wilkinson and Crist, appeared for plaintiff. Defendants were represented by the Hon. Mr. Leo

History Of Broken Promises

ACUTE RICE SHORTAGE IN JAPAN

SPECIAL TO THE TELEGRAPH

Jan. WASHINGTON,

28 (UP).—Japan is facing an acute rice shortage during 1940 ac- The case, went on Mr. Potter,cording to reports received by D'Almada, Jar, instructed by Mr. Dwould be a chapter in the history of the Department of Agriculture B. Evans, of Johnson, Stokes and broken promises. The Arsi was in Master.

connection with mortgage which from Sitanghal, plaintiff had with the Chase Bank for It is estimated that as

#result $30,000. The

import Offered $100,000

Chase Bank desired Japon will

three billion 18 an all- that the mortgage be paid off, and it pounds of rice, which Mr. Potter wald his client was pro-was arranged that the Hongkong and time record.

to the poor The shortage is due very old and well-Shanchal Bank should take it over to prietor of a

Formosa too has suf- established watey farm known as the the extent of $30,000. Anything over Korean crop. Kowloon Dairy. The business was that amount would have to be paid fered in this respect and Japan has founded by his father as fur backoff, and it was arranged that the de- her smallest carry-over for the last as 1002, and plaintiff succeeded to 11 rendant company should pay this to 20 years. in 1921. It was an enterprise very the Chase Bank but not more than well-known in the Colony, and owing $3,000. Actually, the

surpina wax to the energy of father and son It had only $1,500 but when the Company become so valuable that in May, 1039 was called upon to

pay this com- the Dairy Farm offered to buy it for Iparatively triviut sum, they failed to $100,000 in cash.

do so. This was due Iwo alter- natives: either they falled to do so The defendant company wax private limited company and was re-and broke their promise or they were It funable to. It seemed likely it was gistered on September 10,, 1937, consisted of about 28 to 30 members, because of the Intler alternative.

but the actual cash capital at the end

It is stated that the Korean rice harvest is 40 per cent. below that of last season.

Imports are expected to be made from China and south Asia.

LATEST

B.W.O.F.

DONATIONS

YUGO-SLAV PREMIER

IS INJURED

26.

SPECIAL TO THE "TELEGRAPH"

BELGRADE, Jan. (UP).—A train collision to- day resulted in the Yugo- Slav Premier, M. Cvetko- vitch being slightly injured. and the Minister of Finance being seriously hurt.

The two statesmen were en route to Belgrade from a hunting party at Beyle when their train collided with Home railway cars which become disengaged from a previous train.

had

Nazi Trade

Talks At Deadlock

Mission Chief Pays Visit

To Italy

SPECIAL TO THE "TELEGRAPH"

BUCHAREST. Jan. 28, (Domel)Considerable specula- tion has been caused here by the sudden departure for Rome of

MACKINTOSH'S, Ltd.

K Shoe Agents

K

Two feet deep in comfort-

1

Ka look wall, fit well, wear well. That is because they're made in Plus Fittings, with heelparts a fitting narrower than foreparts. Ka give a neat fit at the ankle-freedom for the toes (see diagram).

$24,50

$27.50 $35.00 - $42.50

Less 10% Cash Discount.

Herr Crodeus, head of the Ger- MACKINTOSH'S, Ltd. man trade mission to Rumania,

who has been negotiating with K Shoe Agents

the Rumanian Government for the conclusion of a new trade ♦♦♦ | agreement,

Nazi Troops In Galicia

Report Flatly. Denied By Soviet Agency

Informed quarters believe that the departure of the German trade de- the legata Indientes a deadlock in German-Rumanion trade negotin- |

tlons.

Germany has made a four-point proposal to Rumania in connection with the recent trade negotiations. The German demands include ac- celeration of the transport of Rumanion all to Germany by rail- SPECIAL TO THE "TELEGRAPH"

solc

to of German arms way, MOSCOW, Jan. 26 (Domei).—The Rumania, supply of Rumanian tim- Tass News Agency to-day datlyber to Germany, and fixing of the denies foreign press reports that

exchange rate of German marks,

German troops are guarding the rall Tremendously Important

way in the Sovlet-occupied area in Eastern Poland.

According to reports, the Nazi troops are there in un attempt to secure the transport of Rumanian oil by railway.

The Tass statement declares that not a single German soldier is stationed in Western Ukraine (Eastern The following list of subscriptions Galicia), adding that the friendly re has been received to date for credit lations between Germany

Organisation Soviet Union will not allow the stationing of alien troops in either $316,063.03 country.

War

of The British

Previously Acknowledged nn Mr. & Mrs. E. 1. R. Seltno

Anonymous O.C.A.

Its authorised capital was $200,000. The reason why the Company undertook to pay off the surplus was of June last was $112,300 because certain chares were issued for con-here they had owed plaintifr $6,000 for equipment which they had sideration aller than cash,

As a result of Since June, further cash capital had freed to take over. been raised-$17,050 in July and $250 their failure to pay. the lease was this month. With the exception of held up because it was to be issued three Chinese, the members of the to the Hongkong and Shanghal Bank Company came from what he (Mubject to the mortgage. Potter) might call, the English com- Dealing with the correspondence, Fund, Hongkong Branch. munity of Kowloon and Hongkong. Mr. Putter said the first interview W. Hume (Monthly)....

The Directors of the Company at between the parties took pinen the material periods in 1939 were Mr. April 13 when Mr. Dalziel informed ty Football Match 1st Jan, E. C. Fredericks, Mr. E. Lewis, Dr the plaintiff that the Company could S. S. Strahan and Dr. Arthur Woo.not issue the debenture because the Dr. Sirahan and Dr. Woo left the fongkong and Shanghai Bank would Colony at the crucial periods of April not allow, and asked him to consider and nay, the former for good and the any other form of security, The latter on leave. Mr. Fredericks and reason why the Bank was in a Mr. Lewis also resigned during that dominant position was because the r. & Mrs. J. W. Alabaster period.

Company had a very large overdraft Dalziel.

at that time, Yet in spite of that they had pleaded they were willing

The Secretary

Mr. เกร

Agreement With Plaintiff

THO

Anonymous

Anonymous

Mr. & Mra. II, W. Franer,

ILMS. Corniower

Cantain & Ward Room Officers

E, L. Taverner (Monthly) Arcul Bros,

(Monthly)

Elizabeth Rodgers Kowloon Dock Recreation Club Miss M. n. Trall

at all times to carry out the sgree-Kwok Man Yat Pap

Mooting At The Bank

Mes, Tong Kan Ming

MẸ Từ Hon nha

Ginseng & Medicine Comme

Assen.

Hongkong Fresh Fish Guid Ng Chink Man Wang Foon Man Wong Fol Chi

The business of the Company forment. About the first 12 months was mainly confined to the sale of re-constituted milk, which was not very successful.

The following day, another inter- On October 27, 1938, the Company entered into an agreement with plain-view took place at which plaintiff was thy for the purchase el-his-property informed that the debenture could! Wong Lo Kan and that agreement, Mr. Potter sub-not be sued because not only had mitted, had been broken in almost the Bank threatened to put the com- Tan For Sah

pany Into liquidation but had every material particular.

Vonk wat Clif

National Itellet Commission

alno The Residents of 7th District

Chan Ping Kom

Wang Yik Wing

To Lung Ho Wong Chi Nam Wong Kin Han

Ma Iu Ting

ye shall," went on Mr. Potter, asked them to raise $75,000 more a ton o "prove from admitted documents that capital.

As a result of this interview, a at all material times, the Company was utterly insolvent. They were meeting was held at the Bank the never in a position to carry out the next day, at which Mr. Edmonston, agreement, but in spite of that they Mr. Fenwick and Mr. Watson were Chean Yee Yon

Yu Wong For.... the Bank, and Mr. held on to plaintiff's property from present for

Man Cheons Lung Dalziel and Mr. Wony Pun Cheang November 1, 1938 until the present Fredericks, Mr. date, with the result that plaintif Wadeson for the Company. Plain-Chinese Theatrical Perform had suffered a most serious injustice. tiff attended personally with his bealdes a very considerable loss of brother and his solicitor, Mr. Hugh-

Jones, money."

tongkang Chinese Engine

in nld of B.W.OF.

Asan.

་ ་ ་ * * * ་ * Chalu Chow

Chamber of Commerce. The Bank confirmed that they hnd

Pupils of Mr. C. L Dony Insolvency

not allowed the Company to Issue Sale of Programmes the first debenture to plaintiff, but A. Whittaker (Monthly) Referring to the pleadings, Counsel after the whole position had been. Winter (Monthly

A. C. Wilcox (January) sald that the Company admitted explained, Mr. Edmonston suggested, Ex Service everything except that they were in- that Mr. Ahwee could have the first solvent. They further denied that debenture and the Bank the second, they had falled to carry out the provided that a sum of $50,000 cash agreement and counter-claimed for capital must be raised by the Com. t. Cautherley specific performance of it. Under

pany.

Mr. Fredericks

thereupon the agreement, the Company offered undertool to call a meeting on the to issue the first debenture to plain- following Monday for the purpose of tiff, but in fact at all times they were could be raised or not. He promised

scertaining whether the never able to do because if they did the Hongkong and Shanghal Bank to notify the Bank of the result, but would have put them into liquidation, up to the present day plaintiff was The reason they gave for the delay still ignorant of it. was that they were, temporarily in Anancial difficulties.

10

2,000

3,170

and the

New Russian Railway

5-Year-Plan Project Nears Completion

Germany attaches tremendous importance to the transport of Romanian ail. Under the existing German-Rumanian oli agreement, Romania is to supply

monthly 150,000 tons of oil to Germany bat the actual transit.bitherto has been less than half the fixed amount. In order to improve the transport of olf, Germany has proposed the re- organization of railway stations at the border for the transfer of goods. Rumania 13 understood to have re- fused to comply with the German request, apparently in deference to the Ailled demurches.

Herr Crodeus is said to be visiting Rome to ask for Ithly's good offices the in breaking the deadlock In German Rumanian trade negotia- tions. He is expected to return in d few days to resume negotiations.

Wants Italian Rolling Stock ROME, Jan. 28 (Reuter)-It is understood that one of the objects of the visit of the German trade ex- MOSCOW, Jan. 20 (Domel).—A | pert, Mr. Claudius, is to obtain 62.50 new railway linking Akmolinsk and Italian stock.

Karatal In-Kazakstan is nearing cum- 400.50pletion, eight months after the work

was started.

200

31.23

200

SPECIAL TO THE "TELEGRAPH”.

The chaotle condition of German rallways and the bad state of their rolling stock have long been assumed The rullway extends nearly 800 here, but it is considered doubtful miles and forma the most important whether the Italian railways will rullway project in the third Five-barler away stock when all national 10 Year Plun." --

efforts

"are being devoted to deferice

158.25

100

100

10

50

10

10

100

100

20

10

10

10

A test run on the new line was preparations, though experts believe made

last on Saturday

between that Italy might release a number Karaganda and Magnitogolsk, and ac- of steam locomotives as 05 per cent. cording to an announcement, the new lof Italian railways have been electri- line will formally be opened Lo fled.

traße in n few months time,

The rallway is designed to link the coal mines at Karaganda and the metallurgieal industry in the Ural, {forming part of the projected Southi

Siberian Railway between Karatal 3.198.71 and Karalaishet, south of Irkutsk.

310.30

210,

$351,352.00

BANKER'S ORDER

19

POLICE OFFICER ROBBED

Sergeant Hendridge of the Hong-

Prison For Lottery Organisers

ABDUCTED CHILD

Prison Sentence For Chinese Woman

Chan Kam, 00, widow, was found guilty of kidnapping La Sai-t, an eight-year-old girl on January 20, when she appeared before Mr. Mac- fadyen at the Kowloon Magistracy this morning.

As a result of a raid carried out)

Two others, -Chan Ying, 30, marri- by the police on January 27 at 5ed woman, and Lal Yuk,

49,

а

Bedford Read, second floor, Leung travelling trader were also charged, Po. 40, unemployed, and Lau Kan- but found not gulity, you, 40, widow, appeared before Mr.

Johnston Detective Sergeant J. 1imsworth

the Kowloon Magis- said that on the morning of January tracy this morning.

20, the child left the house to play At that time, the overdraft which kong Poilee, had a set of car tools sion of a printing press without a were alarmed and notified the police. The parents They were charged with posses- but did not return. the Company had will the Bank and a hub cover stolen from his car licence, keeping a

police "I say they were hopelessly in amounted tore it would imparked outside the Military football house for the purpose of a Po Plu went to Tak Mun laland and there

common gaming Acting on information, the solvent and existed only through the seen therefore that it would be in ground at Soalcunpee on Saturday, lottery, and publishing an announce found first defendant. She admitted benavalence of the Hongkong and possible for the debts to be paid: The articles were valued at $03. Shanghai Bank," sald Mr. Potter. even if everything the firm possessed,

abducting the girl and took the police Continuing, Counsel said the case including the

plaintiff's property, from a car which was parked out the charges.

Clothing valued at 300 was stolenment relating to a lottery.

Both defendants pleaded guilty to to Fak Tak Au Village where they found the girl in the custody of the for the plaintiff would be proved to were sold.

side Empress Lodge in Mody Road the hilt by agreed correspondence,

Initialled Memorandum

on Saturday. The loss was reported) Loung, wlio had had previous con- second and third defendants. overwhelmingly i which would also

Chan Ying and Lal sald the first to the Police by Lt. C. M. M. Mon, victions for the same offences was defendant had sold the girl to them. establish that at all material times,

ined $200 or three months' on the] After the meeting at the Banke, Mr. of the Middlesex Regimient.⠀⠀ the Company was utterly Insolvent.

Chan Kam was found guilty and Arst charge, $100 or six weeks and Dalziel had u number of Interviews.

Dr. Lam Shing-fan, sub-manager: 310 or two weeks for the second and sentenced to with platiti, the upshot of which Agreement Described

was a memorandum initialled by of the Bank of China, will speak on third chargos respectively. Lou was labour.

of a recent trip to Aned $50 or one month, $20 or both, setting out among other things the impressions he wen's Club month and F6 or one week, respec GENERALISSIMO that plaintiff should resign from being manager of the farm, give up at their weekly tiffin meeting at the Uvely. The terms are to be served

consecutively. St. Francis Hotel on Thursday, In the Amalgamated his Interests

and that he should Dairies, Ltd., leave the Colony. As a matter at that time that if he could get a sub- stantial payment he would go to Singapore and start a business there.

fact, plaintiff had in his mind at SHOCKING DISASTER:

The Company entered into un agreement with plaintiff on October 27, 1936 to purchase the business at Salkung Road, known as the Kowloon Dairy, for $31,820 to be paid by the Issue of debentures in the form. Other terms agreed were the payment of a rent of 34 for each head of cattle, or $800 a month, and the employment of plaintiff as manager of the farm

On May 11, Mr. Dalılel ́sení a let- at $300 a month, besides commission The Company at that time also under-ter to plaintiff, making a fresh took to raise a further, sum of $100,- offer. In place of the debenture, he 030 cash capital within 24 months, offered 4,000 shares in the Company following which plaintiff should have nad a cash payment of $10,000, Fur- the right to demand for the issue of

the debentures..

After the agreement had been sign ed, it was agreed that I should be

put Into force on December 1938.

T

..

200 BURNT ALIVE

SPECIAL TO THE "TELEGRAPH"

OSAKA, Jan. 29 (Domei)-About 200 people perished in ther the rent was to be reduced to flames when a three-car electric train, filled with a rush-hour- $3 for each head of cattle, and that load of workers, Jumped the track and overturned at Ajigawa, he should no longer 'remila ail manager of the farm. This offer was near Osaka shortly after 7 o'clock this morning. Immediately made known to the

Since then, the Company, had been Bank, who replied that no far as they

nine. months' hard

IN NEW POST

SPECIAL TO THE “TELEGRAPHTM* CHUNGKING, Jan. 20. (UP),—{n addition to the several war-time Dosts he already Alla Generalissimo Chiang Kai-shek is to assume an- other

administration.

has the

The National Government Lssued a mandate, appointing Generalissimo as Director of the Sze-

chuan Provincial Oplum Suppression

Board

Chiang

Ching-kuo, the Generalis

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The follo

must be

Order to: Agent T-17. Agent T-24

Locate counterfeiters' hide-out;

destroy all plates and make necessary arrests.. Do not fail!

Signed

Chief U. S. Soéret Service

Code of the SECRET SERVICE

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L

Fireside

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Cosy-but never stuffy

m has been appointed THE

Special Administrative Superinten- dent of the Fourth Zone in Klangel injured, Province and Peace Preservation

Commissioburied goa : A "Beuter"" report" saya”- thot ja

The rear car, crowded with 300 At least 100 others were

bursting into James, an

During the past two years Chiang

in possession of the property but up were concerned they were not pre-passengers, was derailed and turned many of them seriously. to now they had not paid a single pared to grant any further facilitiestrul scenes followed when gasolineral-ear was derailed and Ching-kuo has been vico-Commander farthing except the rent and plain to the Company which, they under lifts salary. In other words, this stood, was going into Bquidation. about 200 persons were trapped in overturned. Tas casualties are placed of the Fesco Preservation, Commis- hopelessly insolvent company Had

Jalon in. Klangel. The case is proceeding.

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