November 10, 1900.]
No firm would entertain a claim once the goods; had left their godown. That rule was well known in the city to all merchants. With re- gard to spot cargo for shipment, if nothing was mentioned to the contrary the buyer shipped it. He would not expect to get a very good quality of Pilsener beer for $6.50 a case.
In reply to Mr. Brutton the witness said that if goods were shipped to Formosa and brought back this would have some effect on the cases, and it was likely that there would be breakages. By the Court-He had not seen these par- ticular cases.
The godown-keeper to Radecker & Co. said the beer in question was removed from the go- down by Leong Hon. the defendant's head coolie, and some coolies whom he brought with him. Witness did not assist in removing the beer, neither did the watchman at the godown. He tallied the beer as it was taken out. Leung Hon was sitting besides him. Leung Hon told his coolies to pick out the boxes and carry them. As the cases passed Leung Hon looked at them to see if they were good, and he ordered a few cases to be taken back. Eighty cases were taken out. After abont 20 or 30 cases had been taken out Leung Hon went out and returned in a quarter of an hour. He did not hear him tell the coolies to wait until he came back. Witness himself did not give any orders to the coolies, nor did he pay them anything. All the 80 cases had been taken out by one o'clock. The coolies did not take the remaining 20 cases because Leung Hon said he would see his mas- ter about them first. After the tally sticks had been brought in by the boatman he went to the office and reported the matter. The cases were fastened up with iron bands. He returned to Wanchai in the afternoon and saw the 80 cases in a boat. There was a notice which could be seen as soon as anyone entered the godown saying that no claim could be entertained after goods had left the godown.
In reply to Mr. Bruton, witness said he could not remember that the cases in question had been in and out of their godown since June, 1897. This was the first time they had been out. The cases were not broken. It was only the defendant who said some of them were broken. There was no kerosene on the cases when they were sent out of the godown. The cases which were taken out of the godown were in good condition. They did not require re- nailing, nor were any of them tied np with rattan.
Chan Chiu, who takes care of Radecker's go- downs at Wanchai, and who lives there, also gave evidence, corroborating what was said by the previous witness as to the delivery of the cases in question.
The hearing was adjourned until the 5th.
November 5th.
IN SUMMARY JURISDICTION.
CHINA OVERLAND TRADE REPORT.
man very well. When he conversed with Mr. Girault he spoke French. He had been in Hongkong one year and eight months. Mr. Girault sold by retail and wholesale. They did not sell more than a dozen bottles of beer at once. He was the sole assistant for the defendant. He himself had never bought from Radecker's before. Mr. Girault had done so since he had been in his employ. Mr. Girault bought some beer at $11 a case. The beer was in good condition and the cases looked new. He did not know that those cases-which were nine in number--had been in the godown for three years. This beer was not for shipment, and there- fore they were not particular about the cases. Mr. Girault's principal place of business was at Shanghai. They wanted the cases in question for shipment to Shanghai for some Chinese firm. During the last few months there had been a considerable demand for beer, Leung On, their head coolie, attended to the shipments. They frequently bought from local firms for shipment. The seller generally shipped the goods. If nothing was said about shipment when they gave an order they expected the seller to ship. In the absence of any arrange- ment the seller added the coolie hire on to the bill. The same class of beer was offered to them by Kwang Tai on the 16th ult. at $7.50. He had no limit as to price. He wished to buy good beer, and he did not haggle about the price. He bought the beer in question because it was the only beer he could get. When he bought the beer nothing was said about coolie or boat hire, Lut the plaintiffs agreed to ship the goods. Mr. Schumaaker, and not Mr. Marten, said this. They had never before bought any goods from the plaintiffs which wanted to be shipped. If Leung Oa had not gone to Mr. Girault and complained about these cases they would have been shipped to Shanghai without any European seeing them. When returning from seeing the cases in the cargo boat on the 18th he met Mr. Schumaakor and they had a conversation. He did not tell Mr. Schumaaker that the 80 cases were good enough for shipment and that the remaining 20 were not Mr. Schumaaker did not offer to repair the cases. He asked, could they not be repaired. He did not tell Mr. Schumaaker that the beer was, good enough but that the cases were damaged. Subsequent- ly they saw Mr. Girault, who said the caseg were unfit for shipment and therefore he refused to accept them.
He did not say anything about the quality of the beer. The cases remained in the cargo boat alongside the Praya one night, and the next morning they were put into their godown in Mason's Lane. The writ was taken out on the 2nd ult., and it was after then that Captain Goddard inspected the cases. He believed it was on the 19th that Leung On told him that it was Radecker's men who had put the cases on the cargo boat. He was blam- ing Leung On for taking the cases when they were in such a bad condition, and Leung On
BEFORE HIS HONOUR T. SERCOMBE SMITH said he did not take them. He was not aware
(ACTING PUISNE JUDGE).
RADECKER V. GIRAULT.
The
The hearing of this case was resumed. plaintiffs seek to recover from the defendant the sum of $520, the price of 80 cases of Pilsener beer.
Mr. Bowley appeared for the plaintiffs and Mr. Brutton for the defence.
Mr. Kahn, an assistant to the defendant. continued his evidence. Ho said that the beer he saw in the cargo boat on the 18th October was not of a merchantable quality-that, is the CURES were not in proper condition for shipment. He subsequently inspected the cases in their godown with Captain Goddard. They opened two cases. One case contained 36 full and four half-full bottles. The paper in which the bottles were wrapped adhered to the bottles and the labels were tora. On hold- ing a bottle to the light they noticed it was full of sediment; several other bottles were in a similar condition. The two cases they opened were the first to hand. Other cases which they examined were in the same condition. He pro- duced four cases in court. Going back to "the 10th Oct. they required 150 cases of beer, and the plaintiffs agreed to let them have 100 exactly.
In reply to Mr. Bowley, the witness said he was a German. He spoke French and Ger-
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that it was a custom among merchants in Hong. kong that when goods once left the godown no claim was allowed.
375
see his master and ask him what he would do- whether he would take them or not. He saw his master in his office about half-past twelve. He stayed at Girault's store until about half-past one. His master told him to go back to the go- down and wait for him there. He went back to Wanchai and found that 73 cases had been put into the cargo boat. There were seven cases still on the Praya. He asked the godownkeeper why he had not waited for him, and he replied, Oh, I put them all in." The godown keeper asked him to sign the paper produced. It was a delivery ordered. He also showed him another paper. He refused to sign the delivery order, upon which the godownkeeper said.
If you won't sign it, I'll get your master to sign it." They then separated. The godown keeper said he was going to see Mr. Girault.
In reply to the Court the witness said the coolies who took the goods out of the godown | had been paid by Mr. Girault because Loung On, their head coolie, engaged them.
Leung On, the defendant's head coolie, then gave evidence. He said he looked after send ing out and taking in cargo. At 12 o'clock on the 18th October Mr. Girault sent for him and told him to go down to Radecker's godown at Wanchai and put them
at once on board the Shanghai steamer. Ho engaged eight coolies and they all went down together. He told Radecker's godown keeper what he had come down for, and the cases were pointed out to him by the godown keeper. Some of them were in the centre of the godown and others were at the back in the dark. After examining the cases he told the godown keeper that the cases were so old that he could not take delivery. On the suggestion of the godown keeper seven caseswere taken down for inspection. The witness wanted to put them down outside the godown door, but the godownkeeper said he could not do that, as the police would object. They were accordingly taken down to the Praya, where he inspected them. He told the godown keeper he could not accept the goods and ordered the coolies to stop work. He said he would go and
Captain Goddard, Marine Surveyor, deposed to examining the beer in question in the defen- dant's godown in Mason Lane on the 26th Octo- her and finding them in an unsound and un- merchantable condition.
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The hearing was further adjourned.
November 8th.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (ACTING PUISNE JUDGE).
RADECKER V. GIRAULT.
The hearing of this case was resumed. The claim was for $520, the price of 80 cases of Pilsener beer.
Mr. Bowley appeared for the plaintiff and Mr. Brutton for the defence.
The evidence being completed,
Mr. Brutton summed up for the defence going through the evidence in the first in- stance, then addressing his Lordship with re- gard to the law on the point.
Mr. Bowley replied, and judgment was re- served.
POLICE COURT.
Friday, 2nd November.
BEFORE MR. HALLIFAX.
GAMBLING.
The police are evidently determined to put a stop to the gambling that has of late become so pronounced a feature in native life, and this fact was evidenced by the appearance in court on the 2nd inst. of no less than thirty-nino of these worthies, in two batches of twenty-four and fifteen. The first batch was captured by Sergeant. Kerr, who visited the Chinese quar- ters at Bicton on the 1st. and caught all of the accused red-handed. Two of the men were fined $25 each or six weeks' imprisonment, and the remaining thirteen 83 each or seven days' imprisonment. The fines were paid.
The second batch was collected by Inspector McNab, who on the 2nd raided a house at 29, Chinose Street and made twenty-four arrests. As in the first case, all were caught in the act. Their little game cost them $3 each. The fines were paid.
ROW ON BOARD SHIP.
George Henry Marshall, second officer, and John Axtram, able seaman, of the American sailing ship Topgallant, were charged—first. with having been absent from the ship without leave, and second, returning on board in a drun- ken condition and behaving in a riotous manner, using obscene and abusive language. They pleaded guilty to the first count of the charge, but denied having been riotous. Marshall has already been convicted for assaulting the police.
The first officer of the Topgallant said both men returned to the ship on the 1st inst. in an intoxicated state. The captain (asked their reasons for going ashore without permission, and ordered them forward. Axtram replied that he had as much right to be aft as the captain. Words followed, and on Axtram's assuming a threatening attitude, the captain lifted an iron belaying pin defend himself. Axtram thereupon rushed at the captain, who dropped the belaying pin and closed with his assailant. He did not strike Axtram with the weapon. Witness and the carpenter separated them and took Axtram forward, but he was very violent, and they had great difficulty in Įreventing him
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