358
was going on. Why did they not get a dissolu- tion of partnership and apply for a receiver ? Why should some of them come there and get the firm made bankrupt when five of them did not admit that they owed the money and could not pay it? This was not the ordinard course of bankruptcy Some of the partners wanted one thing and some another.
|
THE HONGKONG WEEKLY PRESS AND
(D) E. C. Hagen, AA (D) F. E. Hasting. AA (D) A. Melbye, Â ̈A
(J) J. Gardner, AA (J) J. M. H. do Graça (J) F. J. Muños, AA
Ozorio, AA
SENIOR.
(J) R. Sambenito, AA (J) Lin Chi-pui, AA (Q) C. Banje, AA (Q) H. F. Bunje, AA
(Q) o Yan-sik, AA (Q) The Tsok-Kai Over Age. (Q) (han Sz-yui,
(D) E. L. G. Áruoki (D) L. Le Breton (D) E. Long
(D) A. E. Moyhing (D) Thomas (D) U Wai-tak
Over age :- (J) C. E. Vergara
Mr. Brutton contended that the five dissenting partners had received notice of this petition and had the opportunity of coming there and saying anything they wished to say agaiɩst it.
His Lordship remarked that there was nothing to show that these men had been properly noti- fied. He would adjourn the case for a week to allow a notice of this peption to be served upon the dissenting partners and give them an opportunity of appearing. He was perfectly clear that on the general principles of jurisprudence he had) no right to make ten men bankrupt on the petition of five.
Mr. Bratton-Assuming that the five are sleeping partners?
His Lordship-But the manager is one the dissenting partners.
of
Mr. Brutton-Yes, because he is making a good thing out of it.
His Lordship-Well, if he is misconducting himself, take criminal action against him.
After further discussion,
His Lordship declined to make any order, but gare leave for the petition to be served on the dissenting partners.
IN SUMMART JURISDICTION.
BEFORE HIS HONOUR A. G. WISE (PUISNE JUDGE).
A BEA-WALL DISPUTE.
Chan Ching Hop and others sued Chan Fuk for $700 damages suffered by plaintiff · throu/h the breach by the defendant of a co: 'ract for the erection of a sea wal'. The part: ulars of the claim were as follows:-To six months' rent of ground at 70 per month from 10th November, 1902, till 10th May, 1903, $120; to cost of pulling down and erecting defective wall
JA. Villaflor (P) 1. W. Kew (Q) An Wing-fo
Fung Wai-bun
(D) W. Drude (D) J. Glaisermann (DJ H. Jer (D) T. oft
(D) Ng Wai
(Q) S. Abubekr
JUNIO (
(J) V. Atienza (J) N. J. Ezra (J) C. Ontañon (Q) W. G. Alooney (Q) H. Watling
(Q) Fung Pák-) n (Q) Jai Chin-kun (Q) Lam Shiu-in
(Q) Lo shiu-ting (Q) Tse Yan-lung
PRELIMINARY.
Over uge, (14.15) (D) E. Law (D) W. A. Brandt (J) L. Laheye
(Q) Cheang Lun-shaug (Q) R. F. Galluzzi
(4) Chen Kwok-nin (Q) Chan Kwan-lam (Q) V. C. Galluzzi (4) A. M. Luffind (Q) Lung Ting-sui (Q) C. Tetzel
(Q) Y. M. Guman (Q) Ldi Un-lun (Q) C. G. Markar (Q) S. K. Moosa (Q) A. K. Rabman
GIRLS: PRELIMINARY OVER AGE (14-16).
(D) A. M. Smith (D G. Smith
Rev. T. W. Pearce,
(D) L. E. Heang (D) F. Mooney
Superintending Examiner,
D
Diocesan School J. S. Joseph's College
P Private Tuition QQueen's College
SPORTING NOTES.
(Daily Press, 7th November.) The burning question in the Cric et Club at the present moment is whether we should continue to have boundary-hits on the Crickst Ground or run all his out. There is much diversity of opinion on the subject, and it is not probable that it will be settled without a gener
everal member, have meeting of members.
(November 16, 1903.
counties at home do not complain of the title being applied to them, nor think that it weaus they are looked on es "grocers or vendors of wine" in consequence. The cricket in the Happy Valley is not up to te s'andard of the H.K.C.C. at average strength. This has beeu demonstrated repeatedly in the past few years, as any one resident so long in the Colony kuows. The great merit of the new League is
that it will ra se the standard of minor cricket ́aud afford Hongkong the opportunity in the future of seeing a more varied programme in the cricket season, a feature which has been sadly missing heretofore.
The Shanghai Regatta was nearly made a fiasco by the unpropitious weather, swamping of boats on the first day, the 26th alt., being the rule rather than the exception. In the Interna- tional eights both crews, the Germans and the Irish. sank, but the Germans were in shallow water when th y went under and so got out and, emptying their boat, rowed in winners. In the Fours the English boat was water-logged and sank, as did the Irish in the other heat, thus giving Germany an Scotland the right to row in the final. In the latter race on Saturday the German stroke, R. Schwind, was ill when he started, and though he pluckily rowed to the bitter end after several collapses, he could only get within 3 lengths of the Scots. It seems that Hong-oug oarsmen had a lucky escape when they failed to get a four together.
The prospects of the Hongkong Club bow. ing team in the forthcoming match v the German Club seem fairly good, as fire of last year's team are still available, viz.-Messrs Ee H. Hinds, W. B. Walker, F. Maitland, J. Hooper, and J. W. C. Bounar. For the remaining three places Messrs. J. E. Lee, T. C. Gray, A. Ellis, and G. A. Woodcock all seem wel in the running.
The three principal days of the Shanghai Autumn Race Meeting resulted in the chief honours being carried off by Mr. Bruce Robertson's Gadfly and Mr. Wingard's Algerine.
built by defendant, $230, Mr. J. W. Goldring / written at length on their vi-wa, and no doubt | Gadfly had ous less race, three firsts against
the defendaut.
appeared for the plaintiff, and Mr. E. J. Grist of Messrs. Deacon and Hastings, solicitors, of Messrs. Wilkinson and Grist, solicitors. for Mr. Grist raised the preliminary objection that the case was res judicata and had already been disposed of. The defendant entered into a contract to erect a sea-wall, but it was set
done
aside by consent. The contract was never fulfilled by either party. No work was ander the contract; it was done by an arrange-
The
two principal points, it seem to me, are: (1) what they say will receive due attention. Does the abolition of boundaries improve the out- fielding? (2) Is it possible, from the nature of the groun, to have a general system of running out? As for the first question, there seems little doubt that the fielding of the late Inter- port team was vastly improved by the suspension
This in itself is an of the boundary rule. argument of very g eat weight. As for the other poin, the circumscribed nature of the
Algerine's four, but Gadfly's wins iucluded the Champions'. Mr. Wingard also took the
St Leger in record time with Vancouver, Mr. Ring secured three firsts with Amphion,
Arrüregarde, and Amadis, Mr. Bush three
fists with Beancake (2) and Ma acca, Mr. Ellis Kadoorie scored two with Somali aud
Mr. Bronson two with Bal. The remaining
first places fell to Mr. Gore (Manchu), Mr. John Peel (Steelboy), Mr. Marius (Angelo), Messrs. Syndicate (Superior), Mr. Criterion
Mr.
ment between the plaintiffs and the defendant. ground and the enci clement of iron railing; | (Juggers), Mr. Cleugh (The Busman), The contract itself was never meant to have been / undoubtedly make aetivity in the long field G. H. Potts Pandur), and Mr. W. E. Gray
fulfilled. It was practically rescinded, and the defendant brought an action against the present plaintiff for the recovery of $325, being balance due for work done, and he obtained judgment
for that amount.
His Lordship said his recollection of the case was that the defendant did some work, most of which was bad and had to be pulled down and it was arranged for the purposes of this action that what was good He had to be paid for.
Mr. Grist stated that the plaintiff agreed to pay defendant for the work that was good, and did not require defendant to carry out his contract, therefore there could have been no breach of contract.
Mr. Goldring argued that, because he had consented to judgment being given for pay- ment for the good work done, he had not necessarily shut himself out from bringing
this action.
His Lordship did not think the case was res judicata. It was not the intention that judgment in the other action was o stop this one. He was against Mr. Grist on that point.
Mr. Grist said that then the only question was whether this contract was not waired by both parties.
Some evidence was taken, and a further adjournment was made, OXFORD LOCAL EXAMINATIONS.
We have received from Dr. Baxon Wright, Hon. Local Secretary of the Oxford Local Examination Committee, the following list of he results of the examination held last July:-
difficult, if not sometimes even dangerous. The no-boundary party is determined to fight the mat'er out to the bitter end, convinced that the interests of good cricket will be served by the principle which they uphold; still it seems that a number of leading local cricketers are arrayed on the other side.
Local cricketers were naturally much in. terested in hearing of the possible retura of the M.C.C. team for Australia ria the Far East, and the idea of a possible game is vary enticing. As to the probability of its coming off it is safer to say nothing. The last match of Warner's men in Australia is v. Son b Australia at Adelaide on the 12th-16th March which would not allow them to be her, provided they come, until well into April, the end of It is well not to be too hopefuf, Colombo had a sad disappointment when the Oront s arrived, but Warner was no doubt right in refusing to let his invalis (of whom there were several) take the risk of the C lombo sun.
our season.
The impetus given to second class cricket by the formation of the Hongkong Cricket League is undeniable, and the entry of the "A" team will be additional H.K.C.C. incitement to the struggle. By the way. I notice that in some quarters the expression "second class cricket
that as applied to played in the Happy Valley objected tu. This must of course arise from the objector's wint of knowledge of the meaning of second class, which, as used in sport, does not imply social distinctions. The second class cricket
(Wyandotte).
(Daily Press, 14t: November.)
It is very much to be regretted that the Garrison has to moat the Club without the services of Lieut. Lumsden, R A., who is still laid
His absence with his bad knee. up must of course make a tremendous difference to his side, even though it is otherwise very The military bowling strongly represented. seemed good in the R.A. v. Rest of Garrison match on Thursday, 12th November, and there are some very us ful bats. The Club, with sir interport players and a reserve, appears to have an avantage, but there is a distinct tail to the Of bowling there is no lack, and team. varied bowling too. With Lamsden playing the game should have been a very close thing, but I shall be much surprised if the Club does his absence, All not pull through in cricketers must wish him a spedy recovery, for such cricket as his is a great attraction in any match, and he has not been seen ia the field since his return from Suanghai. Iu fact there has been a dearth of the best kind of cricket since the great Interport contest. There seems to have been a reaction after the excitement. Fortunately Happy Valley cricket has not shared the same fate.
In the League list, the Civil Service C. CĮ is at present the only undefeated team, but the Parses C.C. has not yet taken part in the com petition. The Craigongower Club, which meets rather disappointed its the R,A.M.C has
No comments yet.
Private notes are available after approval.