282
SUPREME COURT.
Tuesday, 5th April.
IN SUMMARY JURISDICTION. ALLEGED BREACH OF AGREEMENT.
THE HONGKONG WEEKLY PRESS AND
Mr. F. Paget Hett, solicitor, of the firm of Mr. Geo. K. Hall Brutton, appeared for the plaintiff firm, and Mr. P. W. Goldring (solicitor). | of Mr. J. Hastings's office, for the defendants. Baron M2. T. SERCOMBE SMITH (ACTING for $635 balance for goods sold on 24th June Mr. Paget Hett said that the plaintiffs sued PUISNE JUDGE).
and 10th July. The defendant firm had paid $285 into court admitted to be due on account of the second contract. The point at issue was: Was the $100 paid on the first or second issue? Mr. Hett said that Ho Y Hing. managing partner of the San Loong Firm. came to the plaintiffs and said he had to fulfil the contract helped them out by lending them the plates. for 50 cases of tin-plates. The plaintiffs had The plaintiffs had applied for the return of the tin-plates. but the defendants said they could not do so then. but hoped to be able to do Later they said they were unable to return the plates, but were willing to pay $7 arranged, and Ho Y Hing paid 8100 on account. per case. 87 being the agreed price. This was
On the 10th of July the San Loong entered into a contract which was admitted, and it was
alleged the $100 was paid. on account of this contract that the defendants
Fung Wai Shan, of No. 123. Des Voeux Road West (plaintiff), and the Tak Он Insurance Exchange and Loan Co. Ltd. (defendant). The plaintiff claimed $1,000 damages for breach of an agreement in writing whereby the defendant company for a considera- tion agreed to pay the plaintiff the sum of $200 per annum
for his life; and the plaintiff claimed the costs of suit. Mr. J. Hastings (solicitor), appeared for the plaintiff, and Mr. Stevenson (solicitor), of Messrs. Deacon. Looker, and Deacon, for the defendant company. Mr. Hastings said that the company was registered in June, 1903, prior to which Kwok Chu Kwan and Sit Chi Nam, who were afterwards appointed the permanent secretaries of the company, approached plaintiff request- ing him to obtain shareholders on payment of 8100 per annum in perpetuity for each person whom he got to subscribe $40,000. He agreed to act, and was successful in obtaining two persons to subscribe for shares and defendant company agreed
pay him $200 perpetually. This year, however, the directors wrote him to the effect that as the business was greatly decreasing and there being fears of it not being able to be continued much longer if he had a better situation to take up he was at liberty to go. That letter in no way affected the agreement, and Mr. Hastings contended that plaintiff was entitled to regard it as being effective during the whole as his life. In such case damages should be such of would purchase him an annuity of $200 per annum for life, and it would be seen that the amount claimed was very small indeed.
to
Mr. Stevenson maintained that in view of the fact that the shares in question were not taken up, the agreement was bad for want of proper consideration.
Evidence was taken.
His Honour reserved judgment.
Wednesday, 6th April.
IN SUMMARY JURISDICTION
BBEORE HIS HONOUR T. SERCOMBE SMITH (ACTING PUISNE JUDGE).
!
80 soon.
Evidence was taken.
Thursday, 7th April.
[April 9, 1904.
8.m., and on the other night at 3.30 a.m. He had not taken any part in the management of the Connaught House since the 1st inst.. and had not interfered with Mr. Bishop. that date. Mr. Clark was legally dismissed, and who had assumed the management from
could take proceedings against the hotel if he thought fit. After his dismissal he had slept at night in the room of a man who was away. The guest had chosen to give him the use of his room, but he had no interest in the affairs of the hotel. Mr. Goldring asked the justices to grant a license to Mr. Bishop; there was nothing against granting two licences.
Mr. Brutton said that the hotel licence person they had to consider as representing the had eight months to run. Mr. Clark was the only
owner, proprietor, and licensee of the hotel. Mr. Clark refused to consent to the transfer of the licence to Mr. Bishop, and they could not grant two licences to the same premises. If there, was offence who would be held responsible? There had been some dispute between the proprietor of the hotel and Mr. Clark. If they granted a second licence they would judge between the proprietor on the hand and the licensee on the other.
His Lordship gave judgment for the plaintiffs The proprietor had got himself into this fix. with costs.
and he had to get out of it; the proprietor should have had a
proper agreement. The existing licence was a contract between the Government and Mr. Clark, for 12 months, and Mr. Clark was the only man known to them.
After some further discussion the matter was HIS HONOUR T. SERCOMBE SMITH considered in private. the Justices finally de
(ACTING PUISNE JUDGE).
ciding to allow a second licence.
BEFORE
IN SUMMARY JURISDICTION.
CLAIM FOR GOODS SOLD.
The I Lung Wo Ki firm sued the Tsang Ting sold and delivered. Ki firm for 8254-93, being balance due for goods Mr. O. D. Thomson,
solicitor, appeared for the plaintiffs, and Mr. E. J. Grist, of Messrs. Wilkinson & Grist. solicitors, for the defendant.
Mr. Thomson stated that the case had been up before Mr. Justice Wise, who had granted an adjournment to permit of a possible settle. ment. There had been no settlement. Defend- auts admitted $51.20, which they had paid into Court. The question was whether the party who ordered some of these goods had a right to order them on behalf of the firm. There were two partners in the firm at the time the goods were supplied. Chan Kau and Chan Ying. Sometimes one ordered the goods and sometimes the other. About the been dissolved. Chan Ying went to plaintiffs' beginning of December the partnership had
CAMPBELL, MOORE AND CO.,
ORDINARY MEETING.
LD.
holders in Campbell, Moore & Co., Ld., was held The eighteenth ordinary meeting of share- at noon on the 31st ult. at the Company's office, No. 29, Queen's RoadCentral. Mr. J. W. Osborne
Messrs. V. P. Musso di Peralta (director), G. (chairman) presided, and there were also present H. Potts. Murray Bain. G. Badola. A. O'D. Gourdin, H. P. Madar, and M. A. A. Souza. The notice calling the meeting having been read.
The CHAIRMAN said-Gentlemen,-The repor and accounts have been in your hands for some them as read. Aseverything is dealt with in the time now, and with your permission I will take report and accounts as sent forth by the secre
said already. I can say for the benefit of the anything I can say improving on what has been tary of the company. I do not think there is
Sham Yin Nam and Lo Fung Lan, who have shop and requested them to make out two bills, shareholders that the business of the company
been carrying on business under a partnership styled "Lun Cheong Tai, timber-dealers," sued Mak Ping, shroff of Mr. M. J. D. Stephens, of Bank Buildings, for $440.26 guaranteed for goods sold by the Sunn Sam Kee firm; and they sued for costs. Mr. O. D. Thomson, solicitor, appeared for the plaintiffs, and Mr. Almada e Castro, solicitor, for the defendant.
Mr. Thomson said that on the 15th of August, 1901, a guarantee had been made. When translated the guarantee read:-" Mr. Mak Ping acknowledges the debt due from the Sun Sam Kee for goods bought to the amount of $790.76." $350 of this was paid on the 7th February, 1902, but the balance was still due.
Mr. Almada e Castro said that the defendants had not given a guarantee, but only acknowledged the debt incurred by goods supplied to the Sun Sam Kee.
Judgment was given for the plaintiffs with costs, except such costs as could be shown to have been incurred by the negligence of the plaintiffs to appear on the first occasion that the case came on for hearing.
P. LEMAIRE & CO. V. THE SAN LOONG FIRM. P. Lemaire & Co., No. 15, Queen's Road Central, sued the San Loong Firm, No. 169, Wing Lok Street, for $635, being the balance due for goods sold and delivered :-
24th June, 1903. By 50 cases
tin-plates at 87 per case.... 10th July. By 50 cases tin-plates
at 87.70 per caso
$350
385
Total
Received on account
$735 100
Balance due...
***
$695
for the goods supplied. This was done. Since one against himself and one against Chan Kau, that date Chan Kau had absconded, and Chan Ying was now sole partner. There was no doubt that two chops were used in ordering these goods; the point for decision would be whether those issued by Chan Kau were binding upon the firm.
The defence was that there had been no proof adduced that the goods in question had been supplied to the defendant firm, and if they had been supplied to Chan Kau the firm was not liable.
After hearing evidence.
His Lordship gave judgment for the defendants on the case with costs, and judgment for the plaintiffs for $51.20, with costs up till the time of that sum having been paid into Court.
LICENSING COURT.
Four of the Justices, Messrs. J. H. Kemp (presiding), F. J. Badeley, C. D. Melbourne, and Ahmet Rumjahn, at a meeting held on the 5th inst. further considered the application made a week ago for the transfer of the Connaught House liquor licence. Mr. P. W. Goldring (solicitor), from the office of Mr. J. Hastings, appeared for the hotel proprietor, and Mr. G. K. H. Brutton (solicitor), appeared for Mr. Clark, the late manager, who opposed the transference of the licence to Mr. Bishop.
tion, and we hope it will continue. and we hope so far this year is in a perfectly healthy condi-
we will be able to present you as good a report next year as we present you with now.
Mr. MURRAY BAIN seconded, and the motion was agreed to.
Mr. Musso moved the re-election of Mr. A. O'D. Gourdin as auditor.
Mr. POTTS seconded, and the motion agreed to. This was all the business.
GREEN ISLAND CEMENT CO., LD,
ORDINARY GENERAL MEETING.
The 15th ordinary general meeting of the above company was held at the office of the General Managers, Des Voeux Road, at 11.30 on the 6th instant. There were present Mr. C. A. Tomes (chairman), Dr. J. W. Noble, Hon. C. W. Dickson, Messrs. C. Klink, T. Hough, Fang Wa Chün, R. Hancock, J. R. Michael, S. J. Michael, A. Babington, G. Murray Bain. E. A. Hewett, D. Haskell, E. S. Joseph, and N. H. Rutherford (secretary.) The SECRETARY read having the notice con- vening the meeting,
The CHAIRMAN said :-Gentlemen,--Unless there is any objection we shall take the report as read. The past year is the best in the his tory of the Company, and we hope it is only the forerunner of
many of like character. The quantity of cement turned out is about 33 per cent. greater than in 1902, and the limit of Mr. Goldring said he understood that, on the capacity of the present establishments has been 1st inst. Mr. Clark left the Connaught House nearly reached. One new kiln is under con- Hotel and took his clothes and possessións struction in Macao, and some new grinding therefrom, thereby breaking a condition of machinery being installed to make a complete the licence. On two nights he slept on and well-balanced factory there, and when this the premises, returning one night at 2.30` work is all finished,—and it is estimated it will be
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