松酒
September 3, 1906.)
The Chief Justice-If everybody went about with a microscops when buying peppermint oil they might detect it.
Mr. Calthrop contended that there must be independent evidence that the articles were calculated to deceive. He quoted cases in support of his argument, and remarked that although two months had elased since the plaintiffs had received the analyst's report they had not brought forward any of the purchaser class who had been deceived. There was no attempt at deception.
The Chief Justice-You don't distinguish between the two defendants at present?
Mr. Calthrop-The first defendant sold about $200 worth of oil packed up in this particular way. It was transmitted to him by the second defendant who received it from Canton and simply acted as carrier.
The Chief Justice-That should make your position very easy. You are not manu- facturers. You are merely agents.
Mr. Calthrop-We say we have done nothing
wrong.
The Chief Justice-You don't say you are not to be prevented from selling this stuff
because you are innocent persons?
Mr. Calthrop-No, no. What I have been arguing is that there is no evidence.
The Chief Justice said he could not assume that Chinamen were different to other people. If they were they would not have taken all that trouble to copy almost every single detail of the bottles. It was about as clear a case of copying as he had come across.
came
Whether that would be sufficient to entitle plaintiffs to judgment when the case to trial he did not know, but there was no doubt that there was a case for an interim injunction. He was a little puzzled as to whether it was worth while to carry on the expense of continuing the receiver.
A good deal would depend 00 what the books revealed.
After discussion defendants undertook to give up all books relating to the purchase and sale of the oil, and his Lordship made an order that the receiver should continue for a week and report in chambers.
Thursday, August 30th.
IN ORIGINAL JURISDICTION,
BEFORE THE CHIEF JUSTICE (SIR FRANCIS PIGGOTT).
ALLEGED BREACH OF CONTRACT. The Yee Shun Wa firm sued the Tak Shing Lung firm and Leung Tak, its managing partner, for the recovery of $5,177.21, loss
sustained by reason of breach of contract.
Mr. H. G. Calthrop, instructed by Mr. P. W. Goldring, of Messrs. Goldring and Barlow, appeared for the plaintiffs, and Mr. M. W. Slade, instructed by Mr. R. A. Harding, acted for defendants.
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in this case the neighbɔurs all object, and as this is rather a small meeting I think this mitter should be considered at the manual sessions.
Mr. Gompertz - You think we should wait for a faller meeting?
Mr. Badeley-Yes.
CHINA OVERLAND TRADE REPORT.
hand picked No. 1, blue ribbon hemp gunny baga, for $2.667.53. On March 5 the packages were made up under the supervision of the plaintiffs, who accepted them in falfilment of the contract. The packages were not delivered by defendants to the Yea Tye Chau firm, but to plaint ffs. The defendants received $2,100 on account, but neglected and refused to pay the balance and an action in the Summary Juris- diction of the Court was instituted to recorer the amount. judgment being given for the plaintiff and the money was paid. The plain tiffs did not inform defendants that they declined to accept the packages, nor had the
Mr. Slade, who was instructed by the said packages been re-shipped to Hongkong. In applicant, then appeared. He said the premises May and July sixty packages, alleged by the were only being moved a matter of about 150 plaintiffs to be those delivered by the defen-yards, and he was not aware there was going to dants, were shipped from Newchwang to Hougbe huy opposition only from other publicans. kong and afterwards sold by auction by the Mr. Gompertz (to Mr. Tso)-Are you plaintiffs, reali-ing $1,048,11.
appearing for any of the other pablicans ?
Mr. Tso-No, I am appearing for shopkeepers. Mr. Slade-Yes; bat it is the other publicans I should imagine who are really instructing Mr. Tso.
Captain Lyons-Especially where all the members present but one are government | officials.
Mr. Calthrop, in the course of his opening statement, said that an action was brought by the defendants for a small sum in the Summary ! Court. On that action judgment was given against his clients, who paid the money into court to abide the decision of the higher Court with regard to the counter claim. After his clients commenced that action in Original Jurisdiction the defendants took the money out of Court. His clients' claim was for very much more than the claim against them and could not have been tried by Mr. Justica Wis). Counsel argued that submitting to judgment in one action did not debar him from bringing another action in another Court.
After hearing evidence. the Case WAS adjourned.
The statement of claim set forth that both parties carried on business in Hongkong, and that the plaintiffs had a branch at Newchwang. On March 5, 1906, defendants entered into a contract to supply the plaintiffs with sixty packages of best band picked, No 1, blue ribbon hemp gunny bags, 200 bags in each package, for 822.20 per hundred bags, or a total of 12,000 gunny bags for $2,667.53 (including certain customary charges). It was further agreed that the defendant should deliver the bags to the Yee Tye Chan firm, forwarding agente, for shipment to Newchwang. On the same day the defendants sent the packages to the Yee Tye Chan firm and plaintiffs paid the money due. On opening the packages at New- chwang it was found that the bags were of a different and inferior description and plaintiffs declined to accept them, re-shipping them back to Hongkong and calling upon defendants to! receive them. By reason of the breach of the contract plaintiffs had suffered damage and claimed (1) the return of the money paid, 82,667.53; (2) difference between contract price of the bags and market price, 81,619.42, and general expenses, warehousing, etc., §890,26; a total of $5,177.21.
In reply the defendants denied eutering into a contract with the plaintiffs on March 6, but stated that a contract was made between them on February 24th for the supply of 10,000 good
LICENSING COURT.
A meeting of His Majesty's Justices of the Peace was held at the Magistracy on the 28th August. Mr. H. H. J. Gompertz presided and there were also present-Messrs. F. J. Bade- lay, J. R. Wood, P. P. J. Wodehouse, F. Mast, C. D. Melbourne, H. R. J. Craig and Captain Lyons.
The business was to consider an application from George Green for permission to remove the business now carried on by him under a publican's licence ou premises No. 21 Pottinger Street under the sign of The Criterion Hotel," to premises No. 98-100, Queen's Road Central.
Mr. M. W. Slade appeared for the applicant, and Mr. S. W. Tso opposed the application on behalf of the masters of sixteen Chinese shops in the vicinity.
Mr. Tso read a petition he forwarded his Worship yesterday, which was signed by mem- bars of the sixteen firms he representod, and stated that there were already two public houses in the neighbourhood and an addition to that number in the locality would greatly injure their businesses and disturb the peace of the neighbourhood in the evening by increasing disorder and drunkenness which keener competi- tion would eventually cause. The petition concluded by setting forth that a new public. house was wholly unnecessary, and would prove B nuisance rather then benefit to the neighbourhood.
Mr. Tso said the objection of the petitiouers to any more public-houses in the vicinity was the probable increase of drunkenuess and in the number of disorderly persons frequent ing the locality. The merchants around generally carried on business in the evenings as well as through the day, and that business would be greatly injured if the number of disorderly persons in the vicinity increased, and the hotels were kept open till twelve or vue o'clock.
Mr. Badeley-What did you say, that the public honse would keep open till one o'clock? They close at 12 midnight.
Mr. Badeley proposed, and Captain Lyons seconded, that the application be adjourned until the annual sessions in Septembr.
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Mr. Tso-But they would have the piano going at one o'clock. The hotel might close at twelve, but the visitors would be noisy for some time afterwards. I would ask the Justices to consider their (the petitioners) busi- ness and interests, and whether this public-house is necessary in addition to those already existing. Mr. Gompertz-I understand there is no police objection?
Mr. Badeley-No. It does not matter to me whether the hotels are in one place or another as long as there are not too many of them, but
Continuing, Mr. Slade said the position was that the Criterion Hotel had been carried on for many years in Pottinger Street. At one time Pottinger Street was a re- spectable street. The New Victoria Hotel was there, and a good class of Chinese shopkeepers resided there. Now there was only a very low class of Chinese and nob dy else. The building in which the hotel business was carried on was hardly it for a European habitation. There were recently two cases of plague in it, and this year the wife of the applicant coutracted the disease and removed to hospital. She suffered very severaly and was still suffering from having to carry on the basiness with her husband. The
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application was to remove from those poor premises to more suitable premises in Queen's Road, where most of the other public-uou IƏB were, and where his business coall be carried on for more decently. It would be easier for the police to superintend the prem ses ia Quesu's Road, which were more open, and from the point of view of the public it would be
advantage. As for the business doing harm to the neighbours, in Queen's Rood West, where there were far more hotals, the rents of the Chinese shops in the vicinity were exceeding. ly high. The mere fact of opening au hotel thare brought a certain amount of traffic and benefit to the shopkeepers. There were grounds for the granting of the application which should outweigh the petition of the shopkeepers. The reason the applicant wanted to move was merely a question of health.
Mr. Gompertz -If the Justices refuse this application, that will not debar your clieat from applying to remove to other premises.
Mr. Slad-That is s), but it is difficult to. find suitable premises, such as those stated in the application. A large number of public-houses are being carried on in Queen's Road without objections from neighbours, and why should this individual's application be objected to? I have no doubt the proprietor of the Stag Hotel is at the bottom of this. I put it forward as an inference. He is the man who has cansed this objection to be raised among these Chinese. The applicaut is a toroughly deserving man who wants to move into good premises, and premises in every way suitable for his business and I would ask the Justices to be slow in refus
ng the application.
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Mr. Badeley said if the application were granted now, when the sauual sessions waro held three-fourths of the Justices might be dead against it. It had been a policy of the Justices for many years not to allow public-houses to be opened in the eastern part of Queen's Road.
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Mr. Mast said that under the circumstances be would say live and let live," aud moved that the application be granted. There was no seconder to the motion.
Mr. Badeley's motion was then put to the meeting and carried, so that the application will be again considered at the annual licensing sessions.
The Free Press called the attention of the Singapore police to our Canton correspondent's suggestion that some of the West River pirates
had left for that port.
No comments yet.
Private notes are available after approval.