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CHINA OVERLAND TRADE REPORT.
December 28, 1908.)- Shang, Tse Lee Ching and Tsoi Heung Po, whom I will allude to as Tsoi. Their relations were not at first regulated by any partner- ship agreement, and when Simon Daniel Piry, the brother of Henry Piry, came to Hong kong, from Shanghai, about June, 1931, to look after matters, presumably in the interests of Henry, who was most of the time away manag ing matters at Kwong Chow Wan, he suggested the necessity of having something in writing to show the relations of the parties to each other in business. Accordingly, three documents were signed by H. Piry and Company-mean ing, I presume, H. Pity-and by Chan, Tse and Tsoi (whose executrix is bringing this action). They are dated 16th July, 1901. I quote from the translations. The first begins by reciting as follows: Now we have invited our companions to establish the Kwong Chow Wan Shipping Company, Limited, and the Kwong Chow Wan Raw and Prepared Opium Company, Limited "
Then certain regulations are set out. The first was as follows, "Partners of this Company have not hitherto made any agreement with Piry and Company. Now this agreement is made as real proof. The name of Piry and Company, or Piry, shall be used in doing all business and building steamships," The second reads as follows: "All the above mentioned business carried on by this Com- pany at Canton, Hongkong and Chek Hom shall be handed to Piry and Co. to manage and carry on, on their behalf. The managers of Piry and Company are Chan Yak Shang and Piry." Various other regulations followed. To read this one would suppose it was con- templated to form two limited companies under the Companies' Ordinances, rather than a partnership, but Mr. Simon Piry deposed that this was not so. The other two agreements are, respectively, the regulations of the Kwong Chow Wan Shipping Company Limited, (as it is called), and of the Kwong Chow Wan Opium Company, Limited. The first four clauses of the Shipping Company's agreement are as follows:-". This Com pany has lecided to make an agreement, with regulations, with Piry & Co. 2. This Company shall carry on the shipping and saltpetre and sulphur business in Cantou, Hongkong and Kwong Chow Wan. 3. It is proposed that a capital of $50,000 shall be subscribed for this Company. (Shares are then set out). 4. All the capitals subscribed h ve been paid up in fall."
As regards the Opium Company, the first article stated that-This Company has decided to make an agreement with Piry & Co., with regulations to do the Kwong Chow Wan Raw and Prepared pium (business) and ex- porting prepared opium. The second article provided for a capital of $120,000, of which Piry was to hold $10,000 and the three Chinese $110,000 shares between them; and the third artiole stated that all the capitals subscribed had been paid up in fall. Now, these docu- ments are by no means a satisfactory sub- stitute for a proper partnership agreement constituting Henry Piry, Chan, Tse, and Tsoi partners in an ordinary firm, although the re- lationship between them has been assumed by the defendant all through the case to be that they were, all four, s'mply members of the firm of Piry & Co. But, assuming, as I will, that some sort of partnership existed, it is clear from the evidence that when those three agree- ments were signed not only had all the $50,000 capital of the shipping business been con- sumed, but that the shipping company or business had already had to borrow some $70,000 from the $120,000 capital, or supposed capital, of the Opium Company. It seems clear, therefore, that the Shipping Company was not in a position to pay for extra steamers, unless fresh capital was introduced. This was in or about July, 1901. Now, at that time, the defendant was building two steam vessels which were originally intended to be used in con- nection with the carriage of opium and freight, and in the careless, unbusinesslike way in which matters seem to have been conducted, no proper written contract for such building had been made. It did not appear at what dates payments on account of such building were to be made to the builder. It, however, appears that the two ships were ordered verbally on 10th February, 1901, and 7th April, 1901, respectively, and that the first was to cost $45,000, and the other $50,000, and that there were written Chi-
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nese tenders and specifications, and that the de- interested in a company of which Simon Piry fendant in those tenders agreed to complete was manager. Simone Piry deposed that out the first steamer within nine months from 1th of the $28,030 he paid to the defendant $10,000, February, 1901, and the second, within eight money he allegea to have been due to the months from 7th April, 1901. Thus both were defendant from Piry and Co., and that he to be completed in 1901. The shipbuilder had, remitted $12,000 for a payment in Bonnection by about August, 1901, received home $49,000 with the Opium Farm, and that he sent most of on account, principally from Chan, but could the balance of $6,000 to his brother, Henry not complete without further payments, and Piry, who had been engaged in litigation with H Piry and Co. had no funds available. Henry Taoi and others at Kwong Chow Wan. In Piry was away down south. He left by the doing this he, in no way, consulted with Tse or beginning of August, 1901, and was away over Chan or Tsi. He was rather furnishing his two years. Tse and Chan would not find fur- brother with money to fight them. He may ther capital for these two ships and, eventually, have been acting in his brother's interest, but Tsoi agreed to do so, but, to protect himself, he was clearly not acting for either Tse, wanted them handed over to him by the builder Chan, or Tsoi. Indeed, whatever partner when finished. This being the state of things, ship or association had existed between those the defendant, in my opinion, not caring who persons and Henry Piry had been dissolved got the ships so long as he was paid for them, and a liquidation ordered by a French Court went to Mr. Dennys office on October 7, 1901, in August 1902, and the property at Kwong and, according to the evidence of Mr. Dennys Chow Wan and Canton had been seized interpreter, Yam Kwan Un, asked Mr. Dennys and an advertisement inserted in the Daily to have the written contract with regard to the Press by the French Consul at Canton, building of the two steamers made out in Tsoi's dated September 25, 1902. announcing that name. Next day, the defendant went again to liquidation had been ordered. It is clear, Mr. Dennys' office with Tsoi and Chan and therefore, that the defendant broke his contract. they arranged to have the agreement made in and that Tsoi or his estate lost thereby the Teoi's name, and not in Piry's. The original $27,000 be paid under the agreement of tenders with the specifications were addressed October 9, 1901, and the $800 he had ex- and headed To Un Chan Yuk Shang. Ac-pended on certain iron work used in the vessel. cordingly, on October 9, a formal agreement As regards the item of profit he would have was drawn out putting Tsoi in Chan's shoes, made by selling the vessel at a higher price, as it were, reciting the previous payments of it was stated by Tai Chip Sun that he got an $49,000 and stipulating quite simply and offer on behalf of Tsoi about the end of Jane clearly that To Shing (the defendant) would or early in July, 1902, from a man named Lum, complete the WO ships and hand them a Fokbienese, to buy this second ship when over to Tsoi, and that Tsoi would pay the completed for $40,000, if it was finished within balance of $29,000' to the defendant in due two months from that time. But in view of the course. This agreement was interpreted to later letters requiring the ship to be finished. the defendant and the interpreter deposed that ready for delivery within one month from they all appeared to understand it, and the January 19th, 1903, and, looking at the whole defendant acknowledged in writing, at the end circumstances of the case, I do not feel I ought of the agreement, witnessed by Mr. Dennys, to give damages under this head. The plaintiff the receipt of $15,000 on account of the $29,000. was entitled to delivery of a ship costing and I find, as a fact, that the defendant understood worth at least $30,000, on payment of $2,000, the agreement and its contents perfectly well after satisfactory trial trip. The defendant to when he and Tsoi and Chan siged it. Mr. suit his own purposes and to enforce payment of other claims broke his contract and handed Simon Piry knew of the agreement very soon afterwards and, although holding a power of that ship over to Simon Piry or Edwards, attorney from his brother, Henry, he says he whereupon it was promptly taken out of the did not like it, yet he made no formal objection jurisdiction of this Court. The plaintiff also. to it. On May 14, 1902, the defendant sigred lost the $800 he paid for iron work to be used a receipt for $12,000 more from Tsoi, making. on the ship and which was used for that with the previous $15,000, altogether $27,000 pose. In the result I give judgment for the received on account of the final $29,000 from plaintiff for $28,800 with costs. Tsoi. The receipt was witnessed by Mr. Dennys and a memorandum in his writing was added and signed by Tsoi and the defendant as follows:- "It is hereby agreed between the parties hereto that the second steamer referred to in the above mentioned agreement shall be completed and ready for her trial trip within three months from this date, and that $2,000, the balance of the above mentioned sum of $29,000, shall be paid by 'soi to To Shing upon the said second steamer satisfactorily completing her trial trip, and that all the goods purchased by the said To Shing to be ased on board the steamer already delivered to the said Tsoi under the above agreement, and the extra work done to the said completed steamer under the said agreement, have been paid for by the said Tsoi prior to this date-May 14, 1902." The agreement was made at the office of a thoroughly respectable solicitor, and I do not believe that the defendant was in any way misled. This agreement or memoran- dum extended the original time for completing the second steamer ready for her trial trip to August 14, 1902. The first ateamer was duly delivered. All the defendant had to do was to comply with the terms of this contract. Tsoi died on August 29, 1902, and on November 22, 1902, probate of his will was granted to the plaintiff. She, through her solicitors, wrote in due course requiring the defendant to carry out his contract and, on January 19, 1903,
steamer gare notice that unless the ready for delivery, after satisfactory within one calendar month from that date, the plaintiff would treat the contract as broken by the defendant and would sne for damages. In- stead of carrying out his contract, the defend ant, who had other claims for other matters against Piry and Co., after trying to get these claims settled by Tsoi's executrix and others, finally handed over the steamer to Simon Piry, about the end of January, 1903, who sold it to Edwards and others for $28,000. Edwards was'
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The Court then adjourned sine die.
Monday, 21st December.
IN CRIMINAL JURISDICTION,
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE):
:
par-
THE WILD DELL MURDER CASE. Tsang Tim Kwai and Tsang Shang. were charged with having on 10th May murdered a woman named Leung So.
They pleaded not guilty, and were defended by Mr. M. W. Slade, barrister-at-law.
The following jury was empanelled :- Mesars. P. Plage, E. W. Terry, B. Christiansen, E. V. D. Parr, J. O. E. Meyer, T. C. Downing, and W. F. Bassford,
The Hon. Attorney-General, Sir Henry 8. Berkeley (who was instructed by Mr. H. Hurst- house of Messrs. Dennys and Bowley), stated in case that the prisoners were opening the charged with the unlawful murder of the concubine of one Tsang Mook. In other words the two assassins, who were of the same surname
88 the woman's husband were charged with having murdered the concubine of the third man. The case for the Crown was that these two men murdered this woman at the request and on the payment by: the third man, whose concubine the woman was. The husband was not in custody. He had since absconded from the Colony, and was out of reach of justice, if he was guilty. The facts of the oase showed that on 10th May. Mr. * disturbance on the White wa
hou Mild Dell. He road out
nd, afterwards heard so
ahed out and edge of the
piercing shreeks ca found a Chinese road with a ter Almost immediately
ther abdomen.
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