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May 18, 1907.]
who got possession of the said goods without paying the price to the Cheung Yu Hong, By reason of the facts set out in paragraphs eight and nine the plaintiffs' firm aro solely responsible for any loss incurred through the non-payment of the said promissory notes by Ho Li Cho. By reason of the failure of the plaintiffs to carry out the agreement the plaintiffs did not receive the money from Ho Li Cho to enable them to pay the promissory notes as they became due, and thereupon the defendant paid the plaintiffs $14,000 to enable them to do so." The defendant, on account of the facts set forth, has sustained the loss of $14,000, and craves leave to counter. claim against the plainliffs for that amount. The defendant denies that he ever asked the plaintiffs or either of them to take action against Ho Li Cho, as alleged. The fourth section of the Statute of Frauds has not hen complied with.
CHINA OVERLAND TRADE REPORT. due course by the purchasers, and Ho Li Cho, the notes as they became due. The Cheung as compradore of the said Company, had the Yu Hong failed to carry out the agreement duty of reselling the goods for and on behalf mentioned in the last paragraph, but without of the said Company, and was responsible the knowledge and consent of the defendant, for all losses which might scorne on aud contrary to the terms of the said agree- the re-sale. The Company agreed with Homent, handed over the warrants to Ho Li Cho Li Cho to give him possession of the goods for re-sale and to accept $43,250 in settlement of claims in respect thereof, and further to accept promissory notes, satisfactory to the said Banking Corporation for that amount. The defendant thereupon requested the plaintiff Lam Sin Chang to give or procure such security, representing to the said Lam Sin Chang that he would be quite safe in so doing by reason of the deed of indemnity. Relying | upon these representations and upon the deed of indemnity and the agreement mentioned in the next paragraph, Lam Sin Chang procured his partner She Wai Chung, to join with him and the defendant in giving security to the Banking Corporation by making with Ho Li Cho the three joint promissory notes for $14,416,67, each dated 5th August, 19 4, and payable three, six, and nine month's respectively after the said date. On these notes being made, the Banking Corporation gave. Ho Li Cho possession of the goods.
Prior to making the notes it was agreed between the plaintiffs and the defendant that as between themselves in the event of Bo Li Cho failing to pay the said amounts on the due dates the defendant would repay to the plaintiffs any amounts they might have to pay to the Banking Corporation.. The Cheung Yu Hong paid the notes on the due dates and received the amount of the first note and $2,000 from Ho Li Cho, and $14,000 from the defendant, leaving a sum of $12,833.33 due by defendant to plaintiffs. Un the 25th April, 1905 the plaintiffs, at the request of the defendant, took action against Ho Li Cho to recover the amount of the second of the notes less the $2,000 paid as aforesaid by Ho Li Cho. Plain- tiffs obtained judgment in that action. The net expenses of the action paid by plaintiffs
amounted to $748.60.
The Chief Justice-The judgment resulted in nothing ?
Mr. Blade--Quite so. The man had absconded, Proceeding, he read-The plaintiffs have re- quested payment of the said sums of $12,833.33 and $748.60, but the defendant had refused to pay the same or any part thereof, They there- fore claimed those amounts now,
Plaintiff in the counter claim repeated the last five paragraphs in the above statement of defendant.
when he went on board the Shun Lee but never found him drunk.
Cross-examined.You always had a drink with him ?-Not always.
Were you not made to resign the Customs on account of your intemperance ?—No.
C. H. Dodd, manager of Ramsey and Co., said he considered plaintiff, whom he had known for 14 years, a temperate man."
Cross-examined-You swear you have never seen him under the influence of liquor ?—I have never seen him drunk.
His Honour-This is a relative tarm. Mary Raymond, who had lived with the plaintiff for eight years, said she had accompanied him on three trips. She received permission on the first occasion from a Chinese owner, who told her she conld travel on the ship any time she liked. She had never interfered with any body on board:
Cross-examined-You are quite capable of taking care of yourself if anybody should put upon you?-No (laughter).
Caso adjourned,
MARINE COURT.
Wednesday, May 15th.
BEFORE COMMANDER BASIL, R. H. TAYLOR, R.N., (MARINE MAG.STRATE).
"NOT PLYING FOR HIRE.
The defendants in the cross-action denizd that any agreement Was Aver entered into that they should hold the godown warrants and not hand them over to Ho Li Cho until he paid the price of the goods. On the 13th August, 1904, Ho Li Cho handed
P.C. Unwin proceeded against Messrs. Black- the warrants to the plaintiff She Wai Chung, hoad & Co., being the owners of the motor with a request that the firm of Cheung Yu launch Gussie, for having allowed that launch Hong would endeavour to sell the goods onto ply without having on board a master holding commission. Thirty-six warrants were returned either a certificate of qualification :ecognised by to Ho Li Cho, and the goods mentioned in the the Board of Trade, or a certificate of e mpetency remaining seven warrants were sold by public from the Harbour Master of Hongkong, at 11.20 anction at the request of the defendant in the
a.m., on the 10th instant, in the waters of the first case, and the net proceeds applied to reducing the claim against the defendant in respect of the action mentioned in paragraph
11 of the statement of claim. Ho Li Cho has run away.
Evidence was called, and the case adjourned.
Thursday, 16th April.
IN SUMMARY JURISDICTION,
Colony,
Mr. H. W. Looker appeared for defendants. the day in question and asking the coxswain for P.C. Unwin deposed to stopping the launch on
bis certificate, he replied that he had un cox. swain's certificate but an engineer's certificate. Witness asked him to produce it, but he replied
iny master has it."
Mr. Looker argued that the word plying meant plying for hire, and asserted that there was no evidence of the Gussie having plied for hire.
His Worship, who said it was admitted that the launch was not plying for hire, reserved his
BEFORE MR. A. G. WIRE (PUISNE JULGE) decision.
ALLEGED WRONGFUL DISMISSAL.
R. Morgan who was represented by Mr C. F. Dixon of Messrs. Hastings and Hastings sued the owners of the s.8. Shun Lee for $1,000 for wrongful dismissal. Sir Henry Berkeley, K.C, instructed by Mr. R. A. Harding, appeared for the defendant company. who allege that plaintiff was dismissed on aeeunt of drunkenness and other complaints including bringing a woman on board, and leaving Hongkong without his chief officer.
John Mounsey, chief officer of the icy four or five years, and knew him to by a temperate man. He had gone on the Shun- Lee almost daily before that vessel sail to have a chat with Captain Morgan, and had
was never seen him intoxicated. On 4th April he on board the Shun Lee when Ing Kai came on board. The captain was perfectly sober.
The statement of defence showed that the defendant admits the first three paragraphs of the alaim. As to paragraph four, at the time of making the promissory notes the Chinese American Commercial Company had ceased to carry on business in this Colony, and the defen- dant had therefore ceased to be liable as surety under contract or deed of indemnity. The defendant admits the first part of paragraph five, but denies that Ho Li Cho had the duty of reselling the goods or was responsible to the company as alleged. The godown warrants were in the hands of the International Banking Corporation, who as agents for the said company sold the goods to Ho Li Cho and took as pay-tung, said he had known Captain Morgan for ment therefor the promissory notes. The defendant denies that he requested Lam Sin Chang to give or procure such security as the representation set out in paragraph seven, or on any other representation whatever. The defendant admits that the plaintiffs joined with him in making the promissory notes but denies that the plaintiffstor either of them relied on any such representation or agreement, or that any such representation or agreement as were mentioned in paragraphs eight and nine of the statement of claim were ever made. The defendant admits that the Cheung Yu Hong has paid the notes, and has been repaid the amounts set forth paragraph 10, but he denies that the sum of $12.833,33 or any other sum is due by him to the plaintiffe. At the time of making the promissory notes, and as a condition prece- dent to making them it was agreed that the Cheung Yu Hon should hold the godown warrants which the Bank had given up on the delivery to it of the promissory notes, and that the said warrants should not
in
be handed over to Ho Li Cho until he had paid the price of goods mentioned in waurants to the said Cheung Yu Hong, and thereby enabled the said firm to pay
the said
Cross-examined-You went on Shun Lee?--Yes.
board the
To see him off-I was not supposed to see him off.
And you had a parting glass? - Many a timeI Lave come away without a drink.
You had never a drink with him?-Oh yes, I have had a dochandboris with him.
His Honour-I always thought the` dochan- dhoris was the last drink.-There were many drinks before it (laughter).
to
1 on were the on another occasion ?—Yes. And was drinking dry then?—Yes. There were glasses on the table? Yes. And you did not drink?—No. Are you a teetotaller?--No, and don't intend
be. I can take a drink and leave it like any other white man.
Mr. Muller, formerly a customs officer at Kong moon, spoke to seeing Captain Morgan
CANTON.
(FROM OUR CORRESPONDENT.)
May 13th,
PHILANTHROPIC CALCULATIONS.
The following facts were made known to the Viceroy in a recent letter sent to him by the American Vice-Consul General here. I am of opinion they will do much towards increasing the terms of intimacy- between Chinese and Americaus, if they be brought before the notice of the public through the native préss.
In a letter from the Executive Committee of the American National Red Cross Society thera occurs the following summary of American aid so far rendered to the famine sufferers in China:-
LL
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Many thanks for Mr. Rodger's [ American Consul General at Shanghai despatch. He speaks of the $15,000 sent in money as repre seating 30 per cent. of all money received from all over the world, not counting the 820,000 worth of flour we have shipped nor the 7,500 bushels of seed wheat. As since then we have sent for the Christian Herald $65,000 more, and we hope to ship $10,000 more worth of flour on the next Pacific Mail Stemer, I think this, with the transport of $100 000 worth of provi- sious that the Christian iterald plans to send in April, will make a tɔtal contribution of about $250,000 in value, without couuting the Govern- ment donation of the use of the transport Buford."
people of the United States a warm aud cordial sympathy for the Chinese, which, it is supposed, cannot fail to make an impression in China!
These donations represent on the part of the
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