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$428.30, being money due for goods sold and delivered to Mrs Tavares.
Mr. H. W. Looker (of Messrs Deacon, Looker and Deacon) appeared for the plaintiff, while Mr Tavares was defended by Mr M. W. Slade (instructed by Mr F. X. d'Almada e Castro.)
Mr Blade, after evidence had been led, contended that it was perfectly clear that plaintiff gave credit, on his own admission, to the wife of defendant alone, and it was laid down in law that that did not entitle him to sue the husband. He submitted that the evidence was in favour of the defendant's story that during the imfe the debts were supposed to be contracted Hendant's wife was in Macao, and not in dtongkong, and if that was accepted as being Iue then the plaintiff's case was one of fraud. the was very unlikely that Mrs. Tavares would travecome to Hongkong to purchase goods at plaintiff's shop when plaintiff had a shop in Macao. The wife, he continued, had sufficient money to purchase necessaries with, but it had not yet been proven that the articles purchased were necessary. Plaintiff had to prove that to establish his case. Among the articles on the list Mr. Slade enumerated were:-4 pieces of white embroidery, $60; lace, black stockings, and so on. One item in particular, one case assorted perfumes, $45, Mr. Slade contended, could not be classed among necessaries. From June 16th the wife had been living apart from her husband without his consent, and if that was so she had no legal claim; defendant did not protest against her remaining away until the end of June, when he objected strongly and wrote to her to return. Again, plaintiff was expressly warned not to give her credit, but it wRS suggested that Mr. Tavares had acted in such a manner as to make plaintiff believe that his wife had authority to purchase on his credit. That was not so, and Mr. Slade, after quoting several authorities, contended that his client was entitled to judgment.
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THE HONGKONG WEEKLY PRESS AND
on some money lent in Macao. That was not sufficient for her, and it was defendant's duty to have advertised if he did not intend to pay her bills. When the plaintiff took his bill to the defendant, the latter waved a handful of notes, amounting to over a thousand dollars, in the air and exclaimed, I have plenty of money, but I won't pay you.' In all the circumstances. Mr. Looker contended, the case for the plaintiff had been proven, and he asked for judgment for whatever amount His Honour held as reasonable.
The Puisue Judge reviewed the evidence and dealt with the arguments of both sides at some length. He was satisfied that up to May all the transactions between plaintiff and the defndeants were in cash, and that on May 28 defendant told the plaintiff not to give his wife $700 and had to receive $20 monthly, which, in any credit. Mrs. Tavares went to Macao with his opinion, was sufficient to purchase neces- was not liable for goods which had been supplied He was of opinion that the husband
July, and gave judgment for defendant. to his wife during the months of May, June and
saries.
Mr. Slade applied for his costs, but the Puisne Judge declined to allow them, remark- ing that there was no need for the appearance of counsel; Mr. Looker had conducted the case for the plaintiff admirably.
Tuesday, 13th September.
[September 19, 1904, *|
Mr. Slade said that about the end of May last year a broker called upon the defendant and offered for sale this property, which consisted of six houses known as Richmond Terrace. It belonged to the plaintiff, and the broker was authorised by him in writing to negotiate on his behalf. The broker demanded a price of $64,000. Afterwards the price of $61,500 was agreed upon. Defendant did not know the property at this time. The broker informed him verbally that the property was let for $650 a month, in consequence of which representation he agreed to buy it. He told the broker that there was nothing on the order authorising the sale to show that the rent was $650 per month. the broker took away the order and brought it back with a paragraph added, stating that the rent was $650. The bargain being arrang- ed for, defendant went to look at the houses and found that only two of them were let, while the other four had been unoccupied for a long time.
Then
Evidence was led, after which an adjournment was made till to-day (Friday) at half-past ten.
IN BANKRUPTCY.
BEFORE HIS HONOUR SIR HENRY S. BERKELEY (Chief JusticE)
A DECEASED DEBTOR. Mr. John Hays, of Messrs. Johnson, Stokes and Master, solicitors, appeared in support of a petition for a receiving order in the matter of
BEFORE HIS HONOUR T. SERCOMBE SMITH Chan Kam, deceased, ex parte Li Kwan Ting.
(PUISNE JUDGE.)
YEUNG Ah Pui v. J. J. GUTTERREZ. The plaintiff, in this suit, a trader of Lok Hing Lane, sought to obtain payment from the Jebsen & Co. in respect of a promissory note defendant, a clerk in the employ of Messrs.
payable on demand for $58, with interest at three per cent per month for the past eleven months, amounting in all to $78.35. Harding, solicitor, appeared for the plaintiff and Mr.F.X.d'Almada Castro, solicitor, for the
defendant. When the case
plaintiff was absent.
Mr.
was called on,
Wednesday, 14th September.
jurisdiction, J. E. Barker, staying at Thomas'
At the Supreme Court yesterday, in summary Hotel, was sued by Cassum Amed for 837, money due for clothes supplied. His Honour T. Sercombe Smith, the Puisne Judge, gave judgment for the plaintiff with costs.
Thursday, 15th September.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR HENRY 8. BERKELEY (CHIEF JUSTICE).
ACTION FOR PERFORMANCE OF AN
AGREEMENT.
Mr. Looker said that it appeared that Mr. and Mrs. Tavares had been living together up to the end of last year and at the beginning of this year in 's perfectly happy manner, and, judging from the appearance of the defendant, in good style. Early in this year defendant and his wife went together to the plaintiff's Judgment was given for defendant with costs. shop and made certain purchases, the husband buying goods for himself and the wife buying various articles. Not having sufficient money with her to pay the whole bill the wife paid a portion in cash and subsequently paid the remainder. Defendant admitted he went there on that occasion and that he gave his wife the money to pay the bill. He did not then warn the plaintiff that he must
defendant's wife for payment. Some time after a little trouble arose be- tween defendant and his wife, defendant seemingly being jealous of his wife's conduct regarding Mr. Luz, one of his assistants, who appeared to be loosening his wife's affections from him. A suggestion had been made that it was really Luz who had held himself out to be liable for the payment of the bill, but there was no evidence on that point. After the trouble, Wong Lut Yan, merchant, 151, Des Voeux on April 26, defendant's wife went to Macan for Road, sued Tam Chak U, landowner, 61. Des a day, defendant supplying her with $700 for Voeux Road, for specific performance of an her expenses and to have certain repairs done to agreement made between the plaintiff as vendor his house. Mrs. Tavares remained in Macao and the defendant as purchaser, on 28th May, until June 16, when she returned to Hongkong. 1903, for the sale by plaintiff to defendant of In no sense could it be said that they were living the Remaining Portion of Inland Lot No. 1,216 apart up till that time. When Mrs. Tavares subject to a certain mortgage registered in the came back to Macao they had a "big row' over Land Office, and to the payment of $27,500, Mr. Lug, and Mrs. Tavares left again for Macao, portion of the principal sum of $100,000 and where she still remained. The conditions interest. Plaintiff asked alternatively for appertaining in England, where they had a $10,000 damages. Hon. E. H. Sharp, K.C., Married Women's Property Act, were different barrister-at-law (instructed by Mr. R. Harding, from those ruling here. Mr. Looker contended of Messrs. Ewens and Harston, solicitors) that Mr. Tavares acted so as to lead the plaintiff appeared for the plaintiff, and Mr. M. W. Slade, to believe that if his wife failed to pay the bill barrister-at-law (instructed by Mr. F. X. he would. In connection with necessaries Mr.d'Almada e Castro, solicitor), was for the Looker argued that what was a necessity to rich people was absolutely luxury to poor people, and the position held by defendant's wife was such as would make the articles purchased necessaries, to her if she was to keep up the same style as her husband. Defendant wore a diamond pin worth $600, a diamond ring worth thousands, and his heavily jewellery-laden person denoted considerable wealth. Defendant did not supply his wife with sufficient money when she went to Macao. She had $700 which
to beze
szexpended on the first day, and after that she was to get $20 per month as interest
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defence.
Hon. Mr. Sharp in submitting the docu- ments in the case stated that in the statement of defence, defendant stated that he paid $6,150 bar- gain money on the faith of a representation falsely made to him by Cheung Fu Chan, the broker who was employed by the plaintiff to negotiate the sale of the property, to the effect that the property was let for $650 per month when it was let only for $250. He made a counter claim for $6,150. Plaintiff denied that the broker had any authority to make“ such a representation as alluded to.
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Administration, he said, had been granted In June to Mr. Seth as Official Administrator, and it appeared that the estate was insolvent at present.
The order was granted.
A BANKRUPT FIRM.
in respect of the estate of the Fung Kee firm.
Wong Lin Wan applied for a receiving order
Mr. P. W. Goldring, solicitor, of Mr. G. K. Hall Brutton's office, appeared in support of the application and put in an affidavit by the petitioning creditor stating that the debtor firm
was indebted to him in the sum of $2,777 on two. promissory notes.
His Lordship made an order.
A BIG ESTATE.
In the case of Ng Yu San, ex parte Ng Shu applied for a receiving order. He said the Ting, Mr. F. X. d'Almada e Castro, solicitor,
of the jurisdiction of the Court there were assets in Hongkong were about $6,000, and out
assets of about $85,000, most of which were
recoverable. Liabilities amounted to $100,000.
The order was granted.
A CAPTIVE DEBTOR.
In the matter of Hon Hang Lung Lan, ex parte Leung Tai Tai, Mr. John Hays made an application on behalf of the petitioning creditor, a widow, for a receiving order, the debtor being indebted to her in $600.
The order was made.
Mr. John Hastings, solicitor, appeared on behalf of the debtor, who is in gaol, and asked that he be released from custody. He was in custody under an Original suit on an order made for security.
Mr. Hays remarked that they had been served with no application.
His Lordship pointed out that the man was not in gaol under any Bankruptcy proceedings, and the Court was sitting in Bankruptcy.
Mr. Hastings contended that the proper method was to make application for his release in Bankruptcy.
His Lordship held to the contrary, and said he would consider the application on the following day.
Mr. Hays asked that the date of hearing any application be made later.
•
His Lordship said he had made a receiving order and they could not keep a man in gnol after he had been made bankrupt.
A DISCHARGE,
Frederick Nolte petitioned for a discharge from bankruptcy, and was represented by Mr. Goldring, who stated in answer to his Lordship that there was no opposition so far as he knew.
His Lordship said there would be a suspension of the operation. For how long P
The Official Receiver (Mr. Bruce Shepherd) thought about six months. He applied for the discharge on the ground that in his opinion the bankrupt could not pay-a dividend of 80; per cent.
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