7
March 10, 1906.1
SUPREME COURT.
Saturday, March 3rd,
IN ORIGINAL JurisdictION.
BEFORE SIR Francis Piggot (Chief
JUSTICE.)
A COMPLICATED CLAIM.
The case was concluded in which Nn Hang. liat sued the Yuen Sing firm for the equivalent in Hongkong qurrency of Tls. 5,166.792.
The Hon. Mr. H. E. Pollock, K.C., instructed by Mr. F. B: Deacon (of Messrs. Deacon, Looker and Deacon), appeared for the plaintiff, and Mr. M. W. Blade, instructed by Mr. R. Harding (of Messrs Ewens, Harston and Harding), represented the defendants.
When evidence had concluded counsel ad. dressed the Court, and his Lordship, in summing up, said the plaintiff had told most incoherent story which it was impossible for him to believe. Judgment would, therefore, be for the defend- ants with costs.
Monday, March 5th.
IN BANKRUPTCY.
CHINA OVERLAND TRADE REPORT. |
Mr. Golding- Do you mean to say you only drew $5 800 from the firm in six years ?-)
-Yes. Now be careful, please. Do you mean to tell me seriously that you only drew $5,300 in six years ?-Well, I don't know. My ccoun'ant told me so.
All the money I drew I took to Canton to pay my family expenses. Not to invest in business ?—No. You told us just now you invested money in the Kwong On Cheong ?-Not the money drawn from the Kwong Fuk Lung.
to my wife.
Where did you get that money ?-It belonged
Have you another name? -Yes, Leung Pok- hong.
Has not Mr. I eung Pak-hong got a share in a firm at Canton ?--You go and make inquiries. family house in Canto ?--Yes.
That is just what I have done. Have you a How much is it worth ?-How can I tell you. I'm not the owner.
family house to a clansman before he died. He By Mr. Bowley-Debtor's father gave his had not one of his own, neither had he a share in the San Wo Tai of Amoy.
Mr. Bowley-Well, your father had ?--You go to Amoy and make inquiries.
Mr. Bowley-Thank you; will you pay my passage? Do you know anything about the business of the Kwong Fak Long P-No. I only know how to draw money.
There is one thing you have never learned in your life, that is, how to pay money-Well BEFORE MB. A. G. WISE (FUISNE JUDGE), I would like to pay the money I owe, but if I
haven't got it I can't.
SLEEPING PARTNERS FAIL.
Re Chan Sau-shek and Leang Wai-tong ex parte the debtor.
This public examination was continued by Mr. G. H. Wakeman (official receiver).
Mr. P. W. Goldring (of Messrs. Brutton, Hett and Goldring) and Mr. F. B. L. Bowley (of Messrs. Dennys and Bowley) represented a number of creditors, while Mr. F. X. d'Almada
• Castro watched the case on behalf of the debtors.
Chau Sau-shek was further examined by Mr. Goldring. He said the fire which damaged so much of their stock occurred in the Des Voeur Road premises when they were moving.
Mr. Goldring-I put it to you that there was nothing on the premises at all at the time of the fire ?
Debtor-I took over the Fuk Loong shop and there was some stock in it, also half of the stock was removed from the shop which we were vacating.
Continuing, debtor said his original partner, Leung Tat-shan, died in 1899. "He could not Bay whether Leung left any properly, or whether he left a will,
His Lordship-You are not making very much out of this man ; he has been away all the time, but I have no doubt he knows something about it.
Mr. Goldring-Is it not a fact you have a house in a western suburb of Canton ?—No, I sold it.
Have you and Leung Wai-tong, a share in a soap dealer's business at Canton P-Leung Wai-fong has not. I had, but I sold it.
Leung Wai-tong, sworn, said he succeeded his father in the Kwong Fuk Lang. His father left no other property. Debtor did not take an active part in the management of the Kwong Fuk Lung; he lived at Canton. His father did not tell him the value of his share in the business, therefore, he had no idea what it was worth. Since he came into the share, he had drawn about $5,000 from the firm.
Mr. Wakeman-But you have overdrawn 85,300 ?—Yes.
Well, how much have you had altogether? That's what I want to know.-I don't
know.
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Didn't you understand the business was not paying during the time you were drawing money -No. So long as it went on I thought I could draw money.
Continuing, debtor said he had formerly share in a business at Canton, but had to sell to pay his debta. He had been doing nothing since 1904, and lived on the Kwong Fak Lung business.
By Mr. Goldring-He could not remember, even approximately, how much money he drew from the firm since 1899.
I suppose you look upon Hongkong as a gold mine on which you can always draw, but never have to bring gold ? Well, you see, when I find I have no expenses I can come down here to draw money.
more money to pay family
As you take no active the business of the Kwong Fuk Lung, how
part
in do you pass your time ?-Well, I walk about the streets, see friends and have a talk.
When did you first know the Kwong Fak Lung couldn't pay its oreditors?-Last year. overdrawo ?—I haven't got the money.
Are you prepared to pay back the $5,300
I don't know, and have never taken the trouble What is your capital in the basiness?-
to ascertain. S long as I got money from the shop I was satisfied.
Mr. Bowley-That's your perpetul refrain, Was the business insolvent last year ?-I don't know.
Do you know you are liable to go to gaol for carrying on an insolvent business ?—I did not know it was insolvent.
Do you allow your manager to pledge your credit to any extent ?—Everything was left in the manager's hands.
According to your own account you are little better than an idiot P-I don't know.
Can you write ?—Yes.
a
Can you add up accounts?—No. Have you got degree ?--No.
►
Well, you ought to have one.
Is it true or not that you owe the shop $5,300 ?-The accountant told told me so, and I made an affidavit to that effect.
Leung Chu, accountant to the Kwong Fuk Lung, was examined by Mr. Bowley,
How long have you been accountant to the Kwong Fak Lung ?-I was there when I was a boy.
At the end of each Chinese year do you close the accounts and make a balance sheet Yes Where is the balance sheet for the year before last P-It was lost when we removed and I cannot remember whether it showed that the shop made a profit or a loss,
You don't expect anybody in Court to believe memory is not so good as it was. that -Owing to my old age, you know, my
Do you credit each partner with interest on capital? Every year they drew all their
money out.
In your balance sheet did you put down the amounts overdrawn as assets ?—Yes.
After further evidence was heard his Lord- ship closed the examination.
Mr. Almada—I wish to make an application for adjudication.
His Lordship-There is no objection, is
there ?
Mr. Wakeman-No, your Lordship.
Tuesday, March 6th.
IN ORIGINAL JURISDICTION.
17
BEFORE SIE FRANCIS PIGGOTT (CHIEF JUSTICE) AND MR. A. G. WISK (PUISSE JUDGE).
T.
NATIONAL BANK OF CHINA, LD. V. P. LEMAIRE AND COMPANY.
the sum of $10.000 due on a bill of exchange.
The plaintiffs claimed from the defendants
Mr. H. E. Sharp, K.C., instructed by Mr. H. W. Looker (of Messrs. Deacon, Looker and Deacon), appeared for the plaintiffs, and Mr. M. W. Slade, instructed by. Mr. F, P. Holt (of Messrs. Brutton, Hett and Goldring), represented the defendants.
Mr. Slado moved that the action be dismissed for want of prosecution, as the plaintiffs had failed to comply with an order made for dis- covery. In support of his motion Counsel read a lengthy affidavit filed by Mr. Hett.
Mr. Sharp said the plaintiffs had given the defendants the free run of the bank with regard to documents relevant to the case.
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Mr. Slade-We have indicated what we wanted, and applied until we are tired of doing so. The documents they have disclosed to us are documents relevant to their own case, What we want are the documents relevant to our misinstructed when he says we have had case. My learned friend is unlimited opportunity of going into the bank and inspecting what documents we want.
The Chief Justice-It is more likely that the court will be able to appreciate the nature of the documents Mr. Slade wants if they are in possession of the facts of the case. I don't think allowing the other party free access to the books is what is meant by discovery.
dismissed for want of prosecution or stayed Mr. Blade-I must ask that the action be until the order for discovery has been complied with, as until we have had the discovery we ask, we are not in a position to go on. We wish certain papers relative to the affairs of Edwards, Piry & Co.
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fair challenge!
The Chief Justice-Mr. Sharp, that is a
Mr. Sharp-Yes, but we say we have filed everything relevant, and the practice clearly established on the point is that that is conclusive, unless it is proved to be untrue. Your Lordships will have to decide at some point in the case whether certain documents are or are not relevant; if you decide they are, wo will have no objection to producing them. We have no desire to suppress anything.
The Chief Justice-Your affidarits and documents have been with regard to the case you put forward, but perhaps you have failed to appreciate the case of the defendante.
Mr. Sharp-When your Lordships have heard the case, if you decide that certain documents are relevant, they will be produced.
Mr. Sharp, in opening, said the Bank's case was a very simple one. It was suing the defendants on a bill of exchange which was accepted by the defendants and negotiated by the bank, and alternatively it was suing on a note in respect of the same debt. In 1902 for the first time the Bank of India in London began buying bills drawn by a firm called Showell & Co. in England, with which firm a Mr. Plant was connected. Piry and Company were the Hong- kong agents of that firm, and these bills were drawn in respect of goods consigned 'by Showell & Co. to Piry. The documents for these goods were deposited with the Bank of India in London and forwarded to the bank here together with the bills Until April, 1903, all went well and the bills were duly met by Piry, but apparently about that time Piry began to get into financial difficulties and to dishonour these bills the first dishonoured bill bearing date of that month. The bank pressed Piry, and ultimately held these dis- honoured bills and documents relating to the goods to the amount of something like $50,000 or $60,000.
In August, 1903, Plant came to Hongkong to realise as much as possible in redaction of his own firm's liabilities. Mr. Play- fair, the manager of the bank, was time absent on leave. Most of the goods At that ordered by Piry were under contract with
His Lordship-All right. The order is Chinese. The bank, at Plant's request, arranged granted.
to let him have the document so that he might
No comments yet.
Private notes are available after approval.