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same month of the previous year, or any one month this year.
His Lordship-I had exactly the same thing. A man named Collins, who is in bankruptcy now, a cycle manufacturer, stated that in one month the price of his water rose about three times.
Mr. HaysIt is the amount of gas alleged to have been consumed.
His Lo dship-But we see the same thing regarding water.
Mr. Hys-I submit that your Lordship is sitting in this Court as a jury-if this went to jury they would aanimously find it is absurd to imagine that Mrs Bateman's house could possibly consume 5,000 feet of gas unless the people turned on all the jets for fun during the day!
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His Lordship-I had to pay when I was not living in the house at all. The Gas Company charged me exactly the same amount and I was not in the house at all. You had better pay, I think. It is a very hopeless thing fighting water and gas companies, I can tell you. Mr. Grist pointed out that Mrs. Bateman wrote to Messrs. Jardine, Matheson and Co, the local agents, saying he was perfectly willing to send them a cheque for the outstand- ing amount, if in their opinion she had not been wrongfully overcharged. She agreed to pay, and could not possibly get over it.
Mrs. Bateman-Yes; if they could prove I have used that amount.
His Lordship Of course they could prove it. Mr. Hays-It is my client's contention that the Company have failed to prove it excepting by the idiotic reading of the meter.
Mr. Grist The Company replied saying that the matter has been fully gone into and they really could not see that she is hurt in any shape or form.
Evidence was afterwards called and his Lordship gave judgment for plaintiffs with costs.
Friday, 11th December.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR WILLIAM
M. GOODMAN (CHIEF JUSTICE).
DISPUTE ABOUT THE BUILDING OF TWO
STEAMSHIPS,
[December 14, 1903.
THE HONGKONG WEEKLY PRESS AND
5th October, 1901, by the firm and out of the } go down to Kwanchauwad to look after firm's money the sum of $51,410 in respect of his affairs there. He told To Shing to carry on work done on the steamships. Defendant denied the work and to refer to Chan Yuk Shang for that these sums were all received by him from any further details he desired. About July Chan Yak Shang as alleged in the statement of S. D. Piry came down to Hongkong from claim, and denied also that in any of the transac-Shanghai where he had been as secretary for tions mentioned therein Chan Yuk Shang was the Commissioner for Foreign Affairs, who acting as agent for Tsoi Heung Po except in had been at one time Taotai of Shanghai, and so far ns Chan Yuk Shang was agent for Piry who was Tsoi Heung Po's own brother. When & Co. In the beginning of Octobor, 1901, the ho came down he, being more of a busi payments due from the firm for work done on
ness man than his brother, suggested that the steamships were much in arrear and it was unsatisfactory for the partnership to go defendant was informed by Chan Yuk Shang on without a written agreement between the part- that Tsoi Heung Po deceased bad agreed to ners and it was agreed to bave such an agreement. advance to the firm the money necessary to The agreement was accordingly entered into. complete the steamships if a formal agreement Among the assets of the firm appearing therein to build the launches were entered into by the the two steamships then building were included. defendant, and the defendant thereupon agreed The firm was thus formed on the 16th July. to enter into such formal agreement with Tsoi After a time it was found that they had under- Heung Po deceased. Defendant accordingly taken more work than they could accomplish executed the agreement set out in par. 7 of with the capital at their disposal, especially in the statement of claim, but said he did not the shipping line. The building of these understand the meaning of the recitals in the steamships was a considerable drain upon agreement or that he was making an agreement them. About the middle of the following with Tsoi Heung Po personally and wasioformed February it became necessary to mortgage by Chan Yuk Shang and Tsoi Heung Po that the larger of the two vessels for the purpose the agreement was a mere matter of form. of raising funds. A mortgage for $15,000 Chan Yuk Shang and Tsoi Heung Po had no was effected with the Ming Kat firm authority from Piry & Co. to transfer the of which Tse was the principal partner. This ownership of the steamships from the firm to Tso sum was used partly for paying the builder Heung Po. In the alternative defendant said and partly for the general purposes of the firm. that if the legal ownership of the steamships But they were still pressed for money and were was transferred by the agreement to Tsoi urging the Chinese partners to put up more Heung Po, which defendant denied, the owner-capital in order to enable the firm to carry on. ship was transferred by way of mortgage only It appeared that they then had considerable for the sums to be advanced by Tsoi Heung Po trouble with Chan Yuk Shang. Some time for the completion of the steamships, and that about the end of August Chan Yuk Shang, who Tsoi Heung Po received far more than the had been the manager in Hongkong of the firm, amount advanced by him by the sale of one of the removed all the books of the firm out of the steamships for the sum of $66,400. When Tsoi office. When Henry Piry heard of this he Heung Po made the agreement in his own name. revoked Chan Yuk Shang's power of attorney; as being the owner of the vessel Piry & Co. but before the revocation had taken place adinitted that they know about it a very few Chan Yuk Shang on the 3rd September wrote days afterwards, but they wanted the money and to To Shing and ordered him to transfer said, "Well, it is one way of doing it." and did the vessels ont of his own name into that not think he would play them false; therefore it of Piry & Co. in the books of the Harbour was allowed to stand.
Office. The steamers were then 80 or 90 per cent. completed. To Shing did not do this however, as he had not been paid. Mr. Slade went on to relate how Tsoi Heung Po had at length come forward and entered into the agreement, referred to above, with To Shing, to supply the money neces- sary for the completion of the steamers.
The case was again called in which Tso Cheung Shi, widow, 162, Queen's Road West, suing as executrix of Tsoi Heung Po deceased, claimed from To Shing, 22, Peel Street, $28,000 money received and $12,000 damages for breach; of contract in respect to the building of two steamships. Hon. H. E. Pollock, K.C., barris- ter-at-law (instructed by Mr. F. B. L. Bowley of Messrs. Dennys and Bowley, solicitors), ap- peared for the plaintiff; and Mr. M. W. Slade, barrister-at-law (instructed by Mr. C. E. H. Beavis of Messrs. Wilkinson and Grist, solici- tors), was for the defendant.
One witness was re-examined for plaintiff.
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His Lordship said this was not a case between Piry & Co. and the deceased man or his re- presentatives; it was practically between the deceased man and the builder who made the written contract. The shipbuilder had to carry out his contract. If when he had built the ship and handed it over, Piry & Co. claimed it, the claim should be fought out between Piry & Co. and the man to whom it had been handed
over.
Mr. Slade argued that it was a question of property. The shipbuilder said, "I have the ship and have to deliver it the principal owner." He wanted to prove that this ship was the property of Piry & Co. His case was that it never became the property of Troi Heung Po and that at the outside he was the agent for the firm. It was within the right of the principal to adopt the contract of an agent and to que on the contract of his
the agent. Going on to recite the facts of
the case Mr. Slade stated that Henry Piry in Mr. Slade in opening the defence said the 1901 was trading in Hongkong as Piry & plaintiff claimed under an agreement with the Co As to whether at that time he had any defendant which he entered into in his own partners it was impossible for them now to give name. The main defence was that though the evidence, but it was believed he had no partner. agreement was in Tsoi Heung Po's own rame During the end of the year 1900 Henry Piry it was not made on his own behalf but was inade obtained from the French Government of by him as a partner in or agent for H. Piry & Indo-China the monopoly for supplying salt Co., in which firm he was a partner. In the and sulphur in Kwanchauwan in the new third paragraph of the statement of de fence territory which had been leased by the French. defendant said that some time in January, 1901, He had also at that time applied and bad one Henry Piry, a member of the firm of H.received an intimation that his tender had been Piry & Co, in which firm Tsoi Heur g Po accepted for the two opiam farms in deceased, Chan Yuk Shang and Tse Ching Po Kwanchanwan, the farm for retailing opium were also partners, ordered the defend int to having been granted to him for one year and built two steamships for the firm at the price the other for six years. He had been previously of about $48,000 and $30,000 respective ly and shipping goods from Hongkong in junks and directed the defendant to settle all details with steam-launches under the French flag. Having the said Chan Yuk Shang Defendant secured these farms he desired to extend his accordingly prepared specifications for the two operations and took three Chinese into ships whereby he offered to complete the partnership. They paid their partnership work in 9 and 8 months respectively on Iayment money into the firm, and all Heury of the sums of $18,000 and $30,000," and the Piry's launches and juoks became the specifications were finally agreed to by the property of the firm, In February Henry firm of Piry & Co. on or about 10th February Piry himself ordered from Chan Yak Shang and 27th April, 1901, respectively. Shortly these two steamships to be built for the firm after the first of the specifications was agreed for the purpose of trading between Hongkong to defendant commenced to build tie s eam- and Kwanchauwan. They were shallow-draught ships and was paid in various sur 18 and at steamers and were to be used for carrying various times between the 27th February and cpium. Shortly afterwards Henry Piry had to
A discussion ensued on the question whether a contractor was entitled to hand over goods to a principal who remained undisclosed until before the expiry of the contract time and then claimed them as principal.
His Lordship decided to hear counsel on that point after evidence had been given for the
defence.
Evidence for the defence was led. The Court adjourned at 4.30.
ADMISSION OF A SOLICITOR. In the Supreme Court on Wednesday His Honour Sir William M. Goodman, Chief Justice, formally admitted to practice as a soli- citor in Hongkong Mr. Reginald Harding, who comes to join the firm of Messrs. Ewens and Harston. Mr. J. S. Harston accompanied Mr. Harding.
Mr. E.. Sharp, K.C. introduced Mr. Harding. Addressing his Lordship he said-I beg, my Lord, to move that Mr. Reginald Harding be admitted and rolled to practice as an attorney and proctor of this honourable Court. I think you have Mr Harding's papers and I be- lieve they are in order. You have his certificate of admission in England and an affidavit of identity made by Mr. Ewers, who knew Mr. Harding in England, and by Mr. Harding himself. Mr. Harding, as your Lordship will see, has some considerable experience in Eugland, both in London and the country. He was admitted in 1899, having previously been articled in London for five years, with Messrs. Langloys & Co., from whom your Lordship will see
a latter regarding his qualifications annexed to the aff davit. On being admitted Mr. Harding acted as managing clerk in the country for two years and then as managing clerk again in London for another two years, until he left England a few weeks ago to come to Hongkong. I bave very great pleasure in asking your Lordship to admit him to practise in this Court as attorney and proctor."
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