1940-02-23 — Page 27

COURT ACTION OVER H. P. AGREEMENT Judgment For Defendant

Judgment for the defendant with cosis was given in the Sunimary Court this morning by Mr. Justice Lindsell in the action brought by the Southern Trust nad Finance Company, Limited, against Chiu Sze-ming, allas Chiu Chak-yuen, in connec tion with instalments under a motor car hire purchase agree. ment.

Mr. M. A. Da Silva was for the, James were the executors of the wh plain and Mr. J. M. D'Almada of a deceased under which a legacy Remedion for the defendunt. Lordship wald:

I am satisfied that this claim can- not succeed.

the

£40

of £150 had been left to Holland's wife but had long remained unpaid: Holland then sued the Clarks for the amount of the legacy and for certain In S. J. Action No. 482 of 1935 in other sums. James paid £40 into which the parties were the anime, the Court with an admission of liability defendant was sued (1) for eleven pre tanto, Holland took the instalments such of $100 due under out of Court, and discontinued his the hire-purchase agreement: (2)--in action against Junes, and later filed The alternative for $1,300 (represent-his bill in equity against the brothers ing the full value of the car leas the claiming payment of the. legucy only. amount of one instaliment puid) ay For the defence the objection was damages for breach of the agreement taken that the action and the ne- by the defendant in giving a bill of ceptance of

into puld money sale on the car under which the Court therein were bar io the grantee had seized and sold

demand in equity, but the Court held In respeel of each item of claim the that the proceeding in the action did surplus over $1,000 was waived in not necessarily create an estoppel order to give this Court jurisdiction. the suit in equity, but that, in order In settlement of the action, before to determine the enleney of the suit, it came on for trial, the defendant it was competent to the Court to paid $1,000 and an agreed sum for 'enquire on what decount the money costs, and obtained a receipt worded had been paid in in the action. In as follows

other, words the Court held that ac- ceptance of the £48 in settlement of the Jetion would be a bar to the suit only if it appeared that the sun had been paid in respect at the whole of the plaintiff's claim and had so

"Re S, J. Action No. 482 of 100 received....the sum of Dollars One thousand and seventy only being in full settlement of claim and costs herelo.

H

In the present action the plain!ft heen necented by him. claims $200 being the amount of the j Satisfies Whole Claim two remaining instalments due under the hire-purchase agreement, and the: sole polni i have to decide is whether the claim is maintainable.

Here the payment of $1,000 made by the defendant was clearly Intend- ed to satisfy the whole of the plain- ti's claim in S. J. Action No. 482 Defence's Submissions

of 1939 and in face of the nature of Mr. Remedios submits thut the the receipt given I hold it is not prezent claim is for nothing else than now open to the plaintiff to say that part of the amount sued for in the he did not accept that sum in full seltlement of all his claims or that

alternative claim in the earlier he allocated it to the item of instal tion, that everything claimed in that he nction Was met by the payment of ments. Ifad ha dentred to do so he $1,070 which the plaintiff accepted in could have made it clear to the de- full settlement, and that there has fendant at the time that he accepted therefore been accord and satisfne- the $1,000 without prejudice to his tion such as to debar the plaintin right of netion for the two outstand- from making any other clalm ining instalments when they fell due. respect of the same cause or causes On the other side of the picture it is an obvious inference that knowing

of action.

In support of this view he has cited he was able for the full $1,300 the Williams v. The London Commerein defendant was only too glad to get Exchange Company (10 Exchequer rk of that liability by payment of understood Reports, 509) in which, there having $1,000 unly which he been a number of matters in dispute plaintif to be willing to accept in between the parties some of which full settlement. were the subject

For these reasons I hold that the In action and;

the plaintif present action is unmaintainable and having agreed, in consideration of give judgment for the defendant with

same were not, and

the defendants' consenting to go to cosis. arbitration in the mattera

of the action, that he would accept the arbitration award as full satisfaction in all the matters in dispute, it was held that payment by the defendants to the plaintiff of the amount award- ed by the arbitrator was a complete bar to a subsequent action by the plaintiff in respect of the matters which were not the subject of the first action.

Plaintiff's Case

Friday,

HONGKONG TELEGRAPH

February 23, 1940.

Bolow we publish further photo- ..

HONGKONG PREPARES: graphs of now

sories, specially taken by Norman Soong, of Hongkong's defence preparations.

photographs will appear daily in the "Telograph",

Thera

A WIRING PARTY of Tommies erecting a barbed-wire barricade on one of Hongkong's beaches. Possible vulnerable shore areas are being thus protected.

PROBLEMS OF DEFENCE against shore landing attacks are worked out during munoeuvres. A unit of Indian artillery

France Curbs lands with the aid of Navy units.

Rising Costs Shanghai Concession

Prices Rocket

For the plaintiff Mr. Silva con- SILANGHAI, Feb. 23, (Reu- tends that Williams' case (supra) is ter)The French Concession not in point since there it was the authorities have issued regula- agreement to refer all the matters dispute to arbitration and to abide, tions to curb the sky-rocketing by the arbitrator's award, an agree costs of living.

ment of which the defendant hod. The-Freneli-Concession will fix duly performed his part, that barred maximum prices for daily necessities the subsequent claim, whereas here while taxes will not be increased in

there was no such agreement. In order not to give impetus to any price the present case the principles to te rises. appiled should be those, of "resi The stocks of merchants will be Judicala" rather than those of "ace checked and any contravention will Ford of satisfaction."

lead to confiscation of goods which The primary claim was one for will be distributed to the indigent or arrears of instalments, and the pay-old for their benefit.

Million Russians Ready for Drive

SPECIAL TO THE "TELEGRAPH"

COPENHAGEN, Feb. 22 (UP).-Stalin is reported

to have ordered the massing of one million men on the entire Finnish frontier in preparation for a great “steam roller" invasion which will, once and for all, crush Finnish resistance.

WHAT REDS DEMANDED Destruction Of The Mannerheim Line LONDON, Feb. 22 (Neuter). -Soviet demands on Finland before the Red Army Invaded the country included a demand for the destruction of the Manner- heim Line, according to the Finnish Minister in London, speaking at a luncheon of the English-Speaking Union.

The Minister said that Finland had agreed to far-reaching demands, but it was not enough because, the Soviet insisted on Finland Government destroying its main line of defence, the Mannerheim Line; on getting port: possession of Finland's principal" on dominating Finland's only ice-free

thousands of port

miles from Leningrad, and on the right to contain two naval bases and to keep troops In Finland.

Finland could not accept that, for It would have meant surrendering their freedom, the Minister declared."

BRITISH, FRENCH LABOUR GET TOGETHER

PARIS, Feb. 22 (Reuter)-A de- legation of members of British Trade Unions, headed by Sir Walter Citrine, of the Trade Union Congress, have arrived here for one of the series of with French monthly conferences Trade Union leaders,

A meeting was held this afternoon

morrow,

Reports from Aabo (Turku) The enemy have launched an attack stale that Russian officers who un the railway at Kaemetr."

18 Miles Off. Say Finns ment made by the defendant should Committee will be formed, have been captured by the Finns

A be allocated to that claim to which entitled to go into all details of

STOCKHOLM, Feb, 22 (Reuter).-- there could have been ro defence business transactions.

confirm heavy concentrations of

Soviet troops pushing along the main The low regarda estoppels with dis-

A delegation of the British Labour Merchants will be requièed to Russian troops whom, they say, Irailway in the Karelian. Isthmus and talks will be continued to- allow free access to books of men are preparing to start a great reacted a point within 18 miles. of favour.

In Holland, v. Clark (1 Y. & bers of the Committee and examina-

offensive along the entire Viborg, according to a Finnish com-Party, headed by the Rt. Hon. Mr.

munique issued to-night, Chancery Cases, 1843, p. 151) it was tion of stocks by this Committee,

C. R. Allee, has also arrived in Paris. held that "where a sum is paid into? Fines from $1 to $1,000 will be frontier.

This is the first indication of the They conferred with French socialist in satisfaction Court generally

of imposed for infraction of the regi Meanwhile, poor flying conditions extent of the recent Finnish with leaders to-day and have decided to and the several causes of action

have reduced the mass air raids that drawal to their new positions in the hold regular meetings like those held Jotions. plaintiff takes out the money and

have been carried out over Finland

by the French and British Trade Mannerheim Line. abandons the action he is not es-

during the past seven days.

The deepest point of the Soviet Union representatives. However, the Russians did not com-advance is some distance west of the topped from proceeding for a parti-

pletely let up their aerial operations, village of Summa. cular item unless it appears on enquiry that the sum puid in includes

and several towns were bombed. Since the start of their offensive Bombs fell close to Helsingfors during in this sector the Soviets appear to STOCK EXCHANGE that item. Sce 13 Hailsham's Laws The essential of England, p. 440.

element of finally is here lacking from the settlement.

Not in Agreement

With these contentions I am not! in agreement.

V.

Big Spy Plot Unearthed

Dutch Police Arrest Six People

the forenoon,

have gained between five and ten miles at a cost of great losses in men and material.

ACTIVITY

Fresh Buying Features Industrials

main

Reds S

Six Miles From Viborg SPECIAL TO THE "TELEGRAPHT

PECT COPENHAGEN, Feb. 22. (UP)— While the Finns claim to be firmly The Russlana are now hambarding entrenched in their new positions

Finland's second largest city, they are evidently being hard press Viborg, The case of Holland

from an almost point-blank range of | ed. Clark AMSTERDAM, Feb, 22 (Reuter) six miles.

The Russian drive has now widen

LONDON, Feb. 22 (Reuter),--On (supra) which at first sight is in Mr.

They have moved up their lines ed across the whole of the Karelian Silva's favour, is I find clearly dis- With the arrest of six persons, Linguishable from the present case. including ane German, at Groningen, and are now at just outside the eastern Isthmus but, at the castern alde near the Stock Exchange to-day, indus-

Taipale, where its main force is being trials continued to be the There John Clark and his brother North Holland, the Dutch Police are suburbs of the city.

stated to have unearthed an exten! Fighting continues despite a great expended, the Red Army seems to be source of to-day's activity, and prices in all sections reflected the presence sive espionage plot having branches blizzard, which has screamed through meeting with little success, in several parts of Holland.

The Finns claim that the Russian of fresh buying.

The removal of the minimum.price Palice Investigations followed the

losses in this sector included 4,500

of the London Passenger Transport attempted escape of two foreign

killed during the past week.

Co, stock was responsible for an in- Chargo sokllers from internment..

Voroshilov In

in home raila. Enquiries are still proceeding.

HELSINGFORS, Feb. 23 (Reuter). creased Interest Marshal "Kim Voroshilov, the Initial dealings in this stick were on the basis of 48 to 52, and closed Soviet Defence Commissar, is re-

around 52. parted to be on the Isthmus front,

Shipping shares attracted atten- personally directing the new often- tion.

After hours, a dividend on the year

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It's after the birth of a baby that the mother needs careful attention most. Her strength has been severely taxed and when she is feeding the baby she needs extra and easily digested food.

RUBBER BARTER

AGREEMENT

LONDON, Feb. 22 (Reuter)-Tho Ministry of Supply has notified the rubber market that the United States Government has agreed to extend. until the end of September, the period in which rubber furnished by the British Government under the rubber control barier agreement may Doctors throughout China bo shipped, thus extending the exist- have recommended Horlicksing date by three months, for years as the ideal food for both expectant and nurs- ing mothers. It is invaluable when the digestive powers are weak. It stimulates faded appetites, and promotes sound sleep and tends to prevent constipation.

Franco Releases Americans

the narrow Isthmus for the past twenty-four hours and has complete- ly enveloped the front lines,

Further north, the Red Army is exerting increasing pressure on Tal- pale, where two divisions are engaged heavy on a 45-mile front with artillery concentrations,

IL

Bjorkoo Captured?

that do latest sive with the capture of Viborg us is feared

immediate objective diversion preparatory to

offensive against. Taipale may be a ine battle, which is being for 14 per cent. was announced on

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assault on Bjorkot, the anchor fought in a steady, unrelenting bhe London-Midland Scotilah ordin-THE HONG KONG SOCIETY FOR THE

Courtaulds dividend for the year fortress of the Mannerheim Line on zard, began yesterday morning and ary shares, Une northern side of the Istlimus. is sull in progress with the Finns

tacks,

The Russians claim to have cap- claiming to have repulsed all at/totalled 7 per cent. na compared with The Society asks for

Soviet forces are experiencing ter- rible difficulties in the attack under

4 per cent. last year,

Wall Street had a holiday.

$35,000

in 1940 to meet the increasing needs of sick and destitule children in Hong Kong, azainst

In order to continue its work, the Society appeals for the balance of $23,000 before the close of the financial year on 31st October, A copy of the Annual Report for 1030 may be obtained fronii Mr. A. MCKELLAR,

tured the town of Bjorkoe, but admit that the fortress la still in Finnish handa

It is reported that the Battle of the present weather conditions, but Taipale will have a decisive out the High Command is apparently ture of 17 Soviet positions and 200 which the Income to date is $12,000 only.

rivo declining to

the lenst op- prisoners. come to-day,

Soviet Communique communique portunity for a respite in the hope of The offelal Finnish

MOSCOW, Feb. 23 (Reuler) states that the Russians vigorously taking Vilpuri to-day (Friday), the

Soviet war communique states that attacked Moulaanjaerul, Vuckal and Army anniversary.

Over 2,000 are reported to have there was nothing of importance to Taipale, the battle extending into the SPECIAL TO THE "TELEGRAPH" night. Ited losace at Talpale alone been killed in action during yester-report at the front on February 23, On the Karellon Isthmus Soviet day's engagements. MADRID, Feb. 22 (UP)The word 2,000 men.

Russian attacks on the Intimus Thirteen Soviet planes were shot troops repulsed the enemy and occu: Mr.

pled 21 defensive positions, including Frasco government has released the

North-east of Like Ladoga, where 10 iron and concrete artillery forts. last eight Americans held on prison-have been repulsed, but lighting is still raging forcely throughout the

the Soviet 18th Division was 'an- In view of a snowstorm aviation They include the well-known flier, night," the communique ndds. Harold Dahl, who

The enemy lost over 200 vehicles nihilated last week, the Finns arajactivity was restricted to reconnais- was once, con- | demned to death.

and 13 planes at Pitkaranta Islands. I counter-attacking and claim the cap-sance, Miglits.

'ers of war".

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ENDS THAT PAINTED LOOK