178
THE HONGKONG WEEKLY PRESS AND
try to get some taken up. On about 23th September Mr. Playfair returned to the Colony and continued pressing Plant for payment of the dishonoured bille, and lending him documents and bills of lading in order that he might get contracts taken up by Chinesa purchasers. In December Plant was appointed liquidator of Piry, and his liabilities to the bank were gradually reduced until there was something like $12,000 worth of contracts which Plant could not dispose of. All the time Mr. Playfair continued to press for the balance, and on the 17th December Plant went to the bank and informed him that he could clear off $10,000, which he did on the following day. On the 16th March Plant called at the bank and informed the manager that the defendants wanted the bank to renew a bill. At first Mr. Playfair refused any renewa', saying he would enforce payment on due date either from the drawer or accepter. Ultimately he consented to renew the bill until May 31st, a little over two months, and it was arranged that this should be done on condition that the defendant made a note directly payable to the bank, and Plant gave his personal guarantee of payment. The note was to serve a double purpose. It was to operate as a renewal of the bill by new acceptance and also as a note. The result of that was that thenceforward the bank had three distinct documentary securities for the debt. Mr. Sharp submitted it was per- fectly clear that Plant was the defendants' agent. If there was any arrangement between the original partners of the bill for renewal, Mr. Playfair knew nothing about it.
The defence, as he understood it very broadly, was that the alteration which defendant made in the note invalidated it for want of a new
stamp. With regard to the bill, they said it
was intended that the bank should take security of the note in substitution for the security of the bill, and that the bank therefore could not recover from the defendants upon either. Counsel submitted that the bank was entitled to recover on the bill; that notwithstanding the alteration on the note they were entitled to recover on it, as the alteration was made for the purpose of carrying out the original intention of the parties. The bank would not have given time unless it felt that it was putting itself in a better position. Counsel then proceeded to read the evidence of Mr. Plant taken on commission, after which Mr. Playfair gave evidence on the lines of his counsel's opening statement, and the case was adjourned.
Wednesday, March 7th.
This case, was continu dsbefore the full court. Mr. E. H. Sharp, K.C., instructed by Mr. H. W. Looker (of Messrs. Deacon, Looker and Deacon), appeared for the plaintiffs, the defend- ants being represented by Mr. M. W. Slade, instructed by Mr. F. P. Hewett (of Messrs. Brutton, Helt and Goldring).
|
Was Piry and Company put into liquidation at your suggestion P— No.
I
Did you concur P-I did not object.
Did you guarantee the costs of a solicitor ? agreed to pay his bill, but on the understand ing that it was proceedings against creditore.
Did you guarantee the cost for liquidation proceedings P-I did not.
Did you pay them ?—Yes. Under the guarantee ?—Yes.
At this stage Mr. Slade int'mated that he was unable to proceed further natil faraished with the documentary evidence he required, and the case was adjourned sine die,
Thursday, March 8th.
IN SUMMARY JURISDICTION.
BEFORE Mr. A. G. WISE (POISNE JUDGE).
AN ILLEGAL STRUCTURE.
Loong to recover the sum of $321.60, being as The Hung On Chan firm sued the Tak Lee to $701.60 amount paid to Messrs. Yuen Wo by the plaintiffs on behalf of tho defendants for work done on premises at Nos. 80, 81 and 82, Connaught Road Central, and as to balance of $120 for a plan.
tiffs, and Mr. C. F. Dixon (of Mr. Joba Mr. Otto Kong Sing appeared for the plain-
Hasting' office) represented the defendants.
keepers of a Chinese boarding house, and about' Mr. Kong Sing said the plaintiffs were the July last took over new premises. These houses were Chinese, and constructed in the three upper flats, making in all nine flats. The ordinary way of such houses, each containing plaintiffs were desirous of having these fats altered so that they might be used as a Chinese boarding house. With that view they engaged passed by the P.W.D an architect to draw plans, and these plans were The defendants were to them with instructions that the work was to then engaged as contractors and the plans handed be carried out according to the p'ans. The contract price was $2,125, and this was increased to $2,225, of which $2,140 had been paid by the plaintiffs defendants notified the plaintiffs, and everything When the work was completed, the appeared to be all right. In a month or two afterward, however, the P.W.D. inspeated the buildings and found they were constructed according to the plan, neither were they in compliance with the Buildings Ordinance. Notice was then given the architect, who, on inspecting the premises, found they were not constructed according to the plan he submitted. He then had another plan drawn, and to save expense had it drawn in such a way as to take
in the work done.
not
His Lordship-The matter should be referred right to an architect.
the place.
Mr. Kong Sing The architect has viewed
His Lordship-I mean as to amount friend admits liability.
Mr. Kong Sing-I don't know whether my
{
Mr. Dixon My clients were not working according to a plan. The plaintiffs expressed themselves as perfectly satisfied with the way we did the work, and we heard nothing further about the matter until some six months after
wards.
In cross-examination Mr. Playfair said he requested Plant to get a different note than the one he produced at the bank. The bill of exchange was given him in part satisfaction of money owing on the Piry bills. The drawers of the dishonourel bills were one of Plant's firms. The bills were drawn on Edwards, Piry and Company. He did not know whether the bills were pay-not been carried out as required by law.
His Lordship-It is clear the alterations have able to the National Bank of India; they were holding. them as agents for that Bank. The bills were documentary, the documents being deliverable until payment of the bills. Witness did deliver documents before pay ment in order to facilitate matters. The National Bank of India made a claim on his bank for exceeding instructions as their agents. The claim was disputed because the National Bank of China said they were acting as the other bank's agents to the best interests of all parties. Witness sent home £2,000 in Bettlement of the claim, but believed they accepted £1,250.
Mr. Blade Was the claim of the National Bank of China on Plant disallowed ?--It was disallowed because it was identical with the Bank of India claim.
.:
The bill portion was identical P—Yes, If you had not exceeded your instructions could any claim have been made against you in the matter? No, but if we had not the loss would have been greater.
Mr. Dixon-The instructions according to which we were to curry out these alterations are detailed in the agreement before your Lord- ship. Having carried out those instructions we are exonerated from all liability, even Buildings Ordinance. though they were not done as required by the
Mr. J. B. Harker, engineer in the P.W.D., parties. He said it was fairly explicit, and the was called to peruse the agreement between the details as before the Court authorised the defendants to put up an illegal structure.
His Lordship handed the agreement and plans before the Court to Mr. Harker and asked him to report as to whether the work was carried out.
The case was adjourned.
The examination in Scottish history promoted by the St. Andrew's Society took place on Mar. 8th at the City Hall, Only seven candidates came forward. Mr. W. D. Braidwood is to adjudicate on the papers,
[March 10, 1903.
MARRIAGE AT HONGKONG-
POLLOCK —OAKLEY
Pollock, K.C., and Miss Lens Oakley,
The marriage of th» Honourable Mr. H. E.
celebrated on the 5th March at 8. Johr
Cathedral, which was beautifully decorated the occasion, in the presence of numerous friends of the bride and bridegroom. The Ber FT. Johnson, M.A, officiated, and the Chie. Justice, Sir Francis Piggott, gave the bridf away. The bride wore a dress of soft Liberty satin with Honiton lace, and a veil worn over o wreath of orange blossom. The bridesmaids were Miss Duffle Dickson, Miss Eileen Hastings Bod Miss Mabel Dickson, and their dresses were made of crepe de chine. They wore Leghorn__ hata trimined with white silk ribbons and carried crooks with banches of violets. The Honourable Mr. T. Sercombe Smith, Acting Colonial Secretary, acted as best man. The Voice that breathed o'er Eden” and “O Perfect service included the following hymus:—“The Love."
through the kindness of His Excellency, Sir The reception was held at Government House Matthew Nathau, K.C.M.G., and was larg ly
attended.
with a Marten stole, and were a green hat The bride went away in a white cloth oɔstume
trimmed with shaded feathers.
of numerous handsome pressuts,
The bride and bridegroom were the recipients
TOYAL HONGKONG YACHT CLUB.
TENTH CLUB r cò CHAMPIONSHIP-Sunday was a day we have not often seen of recent years in Hoogkong- bright sun, with a nice steady breeze from almost dus East, and little more than a ripple
Bouy, Trocas Rocks, Kowloon Rook and ou the water. The course was past Fairway
Channel Rook, all starboard. This was Diona's day, and though she mistook both the fairway buoy and Trocas Rock buoy she won very El-peth 32. Times:→ easily, Points to date: Fernon, 64; Dione, 50;
Dione Vernon... Elspeth...
H. M. 8. 94 37 41 00 1 48 41 ONE-DESIGN-A very bad start was made in this class, but Kathleen went ahead, keeping her lead till near the fairway buoy, where both Min and Colleen caught her up. Having the inside berth, however, she managed to get wind
rat, but her mainsheet being alow in coming in, Min very cleverly out between her and the buoy and took the lead. No variation took place on the reach across to Trocas, but in rounding the buoy Kathleen soon forged ahead, and established a long lead on the beat to Kowloon Point.
At Kowloon Rock Kathleen was 1 mins. ahead of Min, with Bonito close to her, while Colleen had fallen far to the rear. On the beat to Channel Rocks Kathleen still further increased her lead and
was 34 mins. ahead of Min. This race leavOS
the Championship in this class in a very exciting condition, the marks being :- Min 28; Kathleen, 27; Colleen 27; Bonito, Times :-
Kathleen Min Bonito. Colleen.
H. M.
58
00
01
05 27
HANDICAP CLASS.-In this olass the Cham- pionship looks almost certain to go to Chanti- cleer, though Gloria, if sailed as well as she has been lately, should push her close. Marks: -- Doreen, 18. Timbз--- Chanticleer, 57; Gloria, 43; Alannah, 86;
Gloria Chanticleer...2 Alannah Doreen
9 43 914
14 (2)
17:
43 (1)
7 (3)
21 42
The plague return for the week ending 3rd March gives a total of eight cares and seven- fatalities. The aggregate since the beginning of the year is 36 cases and 34 deaths, and Monday brought to the total number and all proved fatal.
Sunday addition ef eigh gases of outbret
1
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