June 1, 1907.]
party to it, or they would never bave handed the warrants over to Ho Li Cho and this of itself negatives the existence of such an arrangement. It is certainly curious that Ho Li Cho should have handed the warrants over 10 Wai Cheung the managing partuer. of the Cheung Yu, merely for safe custody. But it would have been still nore curious, if they had been handed over to him as securities, for him to have treated them as be in fact did. I am therefore of opinion that this contention fails; that the plaintiff is entitled to judgment on his claim and also on the counter claim which is based on this contention, with co ts.
IN SUMMARY JURISDICTION.
|
CHINA OVERLAND TRADE REPORT.
Mr. d'Almada —I cannot prove that Tang Hok Po gave authority to this man.
Mr. Grist-Some person joined with my clients in employing plaintiff as broker. There- fore that person must be joined in proceedings.
these
His Honour-I agree with you. My difficulty is who is to join. I don't mind joining anyone.
Mr. d'Almada pointed out that if it turned out hat Tang Hok Po never authorised this loan he (Mr. d'Almada) would have to pay the costs.
Mr. Grist-What about me then? (Laughter.) Supposing that were so I should only be liable for half the judgment
Finally the case was adjourned in order that another party should be joined, and if the parties could not come to a settlement out
BEFORE MR. A. G. WISE (PUISNE JUDGE). of court, his Honour would then decide.
AN UNF RMED COMPANY.
Leang Yui Tong, of 23, Connaught Road Central, trader, sued Cheung Shan Shan and Yau Tsze lung, of 32, Wing Lok Street.
Tuesday, 3 th May.
IN SUMMARY JURISDICTION.
traders, for the recovery of $5-10 money paid BEFORE. MR. A. G. W18E (PUISNE JUDGE),
for shares in a company to be formed by defendants which was not formed. Mr. F. J. Grist, of Messrs. Wilkinson and Grist, appeared for plaintiff, while Mr. F. X. d'Almada o Castro represented the second defendant.
It appeared that defendants cl imed to be the promoters of a company 10 be called the Hion Tai Insurance Exchange and Loan Company, and they received from the plaintiff the sum of $500 in respect of 50 shares, which, however, were never issued. Neither wis the company registered nor the money refunded.
Plaintiff said that the d-fendaut promis d to return the money if the company was not formed within six months. He was to have been employ-d in the firm.
His Honour-Where is the defendant? Mr. d Almada-He is hers.
His Honour-He has had a sprained aukle for some time and would not have beзn here if I had not made him.
Judgment was entered for plaintiff with c 18's.
CLAIM FOR BROKERAGE
Bernard Albert, broker, of 8, Des Voeux Road Central, claimed from Lau Kam Ching and Dang Yeng Yang, of 25, Des Voeux Rad Central, executors of the will of Dang Chee, deceased, to recover the sum of $0 being the amount of brokerage on a loan effected by plaintiff. for defendants as executors. Mr. d'Almanda e C. s ro appeared for the plaintiff and Mr. E. J. Grist appeared-for the defendants.
Mr. d'Almada explained that the property was originally mortgaged to a party for $8,000, the mortgage being subsequently transferred to Yu Yueng, and the original mortgage became part owner of the property. Yu Yueng gave notice calling in the $80,000, and defendante, as executors of Dang Chee, obtained 360 000 on mortgage to enable them to pay off this $8,000 and sundry expenses. Plaintiff, hearing of this, called upon the defendants and asked whether the defendants would give him in structions to secure this 160,000. They authorised him to do so, and he went to the expense of having the property valued, but for some reason the mortgage fell through. Paintiff, however, bad done all that was required of him. He brought the parties together and arranged the loan. His daties finished there, and he was entitled to his brokerage.
Mr. Grist said that this did not cover all the facts. The property did not belong to the defendants in toto. It belonged half to the defendants and half to the Taug Hok Po who had joined with him a man named Ho Nam, who was his agent and who also acted for defendants as well as for plaintiff.
dis Honour-As a matter of fact Ho Nam was instrusted by both parties?
Mr. Grist-Yes. That being so, they must be joined as partners. We don't want to go into the facts until this man Ho Nam, who signed the note of authority with one of the defendants, is joined as defendant.
His Honour-Where is Ho Nam? Mr. Grist-He is not here. Mr. d'Almada-He is bankrupt. His Honour-Ob, You can't make him a party. Where is the official trustee?
Mr Grist The proper party to join would be the joint owner. The defendants are joint owners of the property it was proposed to mortgage, or tenants in common.
E A O. B. LIQUIDATION. An interesting action was heard in which the plaintiffs were Messrs. Price and Co., wine merchants, and the defendants J. H. Oxberry, Young Hee and J. T. Cotton. The plaintiffs sued for $330.5 balance due on gonds sold and delivered from July, 15th 19 6, to October 9th, 19-6. Mr. P. M. Hodgson, from the office of Messrs. Ewens Bud Harston, appeared for plaintiffs, Mr. F. X. d'Almada appeared for the fir-t defendant, Mr Utlo Kong Sing for the second, and Mr. R. A. Haiding for the third.
His Honour (to Mr. Harding)—You are the Buffalo man?
Mr. odgson-They are all Buffaloes. (Laughter)
Mr. Harding-I am for Cotton. Mr. Hodgson explain d that the defendants Wera sued 07 th-ir Own behalf and
១.
behalf of the members of tim Royal Antediluvian Order of Buffaloes. The original bill amounted to $53135, but this hal been educ-d by small payments and allowance for goods returned. During the period from July
1905 to October 19 6 the defendants wer members of the club and office-bearers. The Club became defunct on 9th October, and a meeting of cr disors was held.
His Honour-Is it in liquidation?
Mr. tto Koug Sing-It is in liquidation so far as an uuregistered club on ba. It is in bankruptcy.
359 His Honour-Were you willing to put your hand in your pocket?
Witness-I was a creditor. (Laughter.) This concluded the case for the plaintiffs. Mr. Oxberry went into the witness box and denied ever having pledged his personal credit for the supply of liquors to the club. He was present at the meeting of creditors.
Cross-examined-At one time I was president of the club.
Reexamined-I paid for the wines I had at the club. I am not indebted to the club.
Mr. Young Hee denied having ordered goods from plaintiffs for the clab after July, 1905. He was treasurer of th club up to the end of 19 5. He prepared a statement showing that the assets of the club exceeded the liabilities by several hundred dollars.
Mr. Cotton said he took over treasurership from the previous wituess and received 16 cents (laughter) from him
as representing the balance in haud. When the olnb became defunct the property was sold by auction, but of the proceeds about $2 () had to be deducted for rent, so that he actually received about $57, out of which he paid $47 to the Robinson Company for the piano.
Hi Honour-What about the 89? Witness-I have it
His Honour-The creditors may want that. Witness-bey can have it.
His Honour You spent all you realised with the exception of some $9?
Witness-Y+8,
Cross examined-I paid for all the staff I ordered.
Mr. d'Almada argued that his client never ordered any wines and never pledged his credit. he persons appointed at the meeting of creditors to liquidate the affairs of the club were the nominees of the creditors.
Messrs Otto Kong Sing and Harding addressed the court, and Mr. Hodgson having replied, his Honour: gave judgment for defen- dants with costs.
LICENSING COURT.
trates and Justices of the
A Meeting of His Majesty's Police Magis- esco was held at the Magistracy on the 27th May for the pur- pose of considering an application from Louis Com-r for permission to remove the business now carried on by him under an adjunct licence, on premises No. 65, Des Voeux Road Central under the sign of the Cosmopolitan Hotel, to premises No. 39, Queen's Road Central. Mr. F. His Honour-I can see your defence thea.
A. Haz land presided, other Ja-tices present An assistant from Messrs. rice and Com-eing Hon. Mr. F. J. Badeley, Captain Lyons pany stated
that the goods were supplied on chits signed by members of the club, bat in October of last year the office-bearers issued a circular stating that owing to the unsatisfactory state of the Club's affairs these should be placed before the creditors. A meeting of creditors was called, at which the Chairman stated that the assets were slightly under the liabilities, about 830 or $10, and the question was whether the matter should be allowed to
stand over for some time or whether the matter should be pat in the bands of the creditors. The creditors d-clined to let the matter stand over and after discussion two office besrere
of the club were appointed to collect moneys dus and pay the debts. Messrs. Cotton and Goldenberg were appointed, and it was stated by the Chairman that the club would see that the creditors were paid.
Cross-examined by Mr. d'Almada, Mr. Oxberry said he would be responsible for the deficiency. By Mr. Ott Koug Sing-I was told that Young Hee cessed to be treasurer of the club at the end of 1905. By Mr.arding
-I was a member of the clab for a few months.
Charles Bond, manager of the R. E. Institute, said he became a member of the B. A. O. B. in September or October, 1905 at which time the treasurer was Mr. Young Hee. Witness attended the meeting of creditors and corrobo- rated what the previous witness said took place
then. The Chairman stated on that occasion that the committee would see that none of the creditors went short of their money.
His Honour-Were you on the committee? Witness-Yes, at that time,
Messrs. R H. Craig, P. P. J. Wodehouse, A. Shelton Hooper, W. L. Carter and W. Bowen Rowlands,
Mr. P. W. Goldring (of Messrs Goldring and Barlow) appeared for the applicant, Mr. E. J. Grist (of Messrs. Wilkinson and Grist) appeared on behalf of Mrs. O iver, of the New Travellers' Hotel, to oppose the application, also Mr. C. F. Dixon (of Megars. Hastings and Hastings) who represented a number of Chinese and Indian shop sepers in the vicinity.
Mr. Goldring stated that the primary object of Mr. Comar wishing to remove from his pre- sent premises was that his wife had been exceedingly ill, and that Dr. Marriott had re- commended that she should not stay where she was at present. After a considerable amount of thought and care, Mr. Comar selected premises which were not in any way likely to inter- fere, as far as he knew, with any people in competition with him. He asked tha Justices to remember that the applicant did not hold a publican's licence, therefore he could not come in contact or competition with people who held publicans licences. Mr. Comar had every intention of endeavouring Weismann and Co. He had secured the chef to make a certain amount of competition with from the Fuerst Bismarck, and intended to open up premises of a much better class than those which he had at present. Mr. Goldring asked the Justices to bear in mind that any opposition on the part of publicans should not be considered at all, but only people carrying on business of a similar nature.
Mr. Hazeland -Where is 32, Queen's Road Central ?
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