June 24, 1907.]
SUPREME COURT.
Friday, 14th June.
IN SUMMARY JURISDICTION,
BEFORE MR. A. G. WISE (PUISNE JUDGE).
ALLEGED BREACH OF AGREEMENT.
The case in which the Indo- bina Steam Navigation Coy., Ltd.. sued Dr. T. Lancelot Wyndham for $1,000 for breach of agreement was mentioned.
Mr. O. D. Thomson, who appeared for defen. dant, explained that the defendant would be here on the 26th instant, and asked that the case be adjourned for another week.
Mr. Dixon, on behalf of the plaintiffs, said he could not consent to another adjour ment. When the last djournment was granted his Honour said he would not grant any more adjournments.
CHINA OVERLAND TRADE REPORT.
415
which the order is made. It is made in pur- and it appeared that when single girls were suance of and in accordance with section 19 of | brought here from Japan they were taken the code. The corresponding order of the rule
there. On the night of the 3rd April when which appears in the margin to section 19 is deceased entered the boarding house he was Order 3, rule 6. Your Lordships will observe followed by the accused. The latter entered a that section 19 starts with these words, " Where room on the second floor and started drinking seeks to recover anything other than a debt or the plaintiff sees only to recover." If he
heer. Later deceased descended from the third floor, entered the room in which they were, liquidated demand be cannot endorse his writ sat down, and accused offered him a drink, specially, even though he is also seeking to
but he did not accept. Suddenly a beer bottle words, a plaintiff cannot specially endorse s recover a debt and liquidated demand. In other was thrown on the ground, and in a moment the four men had arisen and set upon the de- writ both for a liquidated and an unliquidated ceased. Overpowered by numbers the deceased demand. If he does so the endorsement is bad
was roughly handled, and in addition to a frac and any judgment is entitled to be set aside. tured skull received several other injuries, the nature of which went to show that sharp in- struments had been used in inflicting them. There were present when the assault occurred the keeper of the boarding house, his wife and a servant. After the attack deceased made his and a slight blood trail marked his steps. He way up to another floor in a dying condition,
because the acoused who went up after him appeared to have gone with considerable celerity......
ting into the verandah of the house next door could not find him. Decessed succeeded in get-
where a Chinese resident, hearing a fall and on- going to the verandab, found him. The de- fendants then went to the house where the
Dealing with the olim, Counsel contended that a writ could not be specially endorsed for damages alone, or for damages coupled with a debt. Regarding that portion of the claim for have to be determined by the market value of $2,065, the measure of damages there would the goods at the time the contract was broken. of the goods at the time the defendants Inquiry would be made as to what was the value
sold them and claimed between the contract refused to take delivery, when the plaintiffs price and the price realised. With reference to the third item in the claim, $125 for auc- Mr. Thomson-He had signed off at Singa-debt nor a liquidated demand. Is was clearly tioners' charges and expenses, that was not a
Mr. Thomson said defendant was on the ship's
articles.
His Honour-But he was on the other ship's articles. Why didn't they take bim before the Harbour Master and have him committed to gaol ?
pore.
His Honour-Ob he had signed off. I'll adjourn it. This is the last adjournment. I really pat it to you, Mr. Thomson, can't you come to some settlement. I can't see what defence you have.
Mr. Thomson-The defendant wishes to give the reasons why he left the plaintiff's employ.
His Honour-I don't want to bear his ren- 80 ns. He wilfully broke his agreement. He admits it.
Mr. Thomson-He wishes to explain to the court.
His Honour-I am afraid that he will make it worse for himself.
Mr. Thomson-I don't think so, His Honour-All right then, next Friday.
Monday, June 17th.
IN APPELLATE JURISDICTION
[BEFORE THE FULL COURT).
LAVID SABSOON AND CO. . YUZ WING FIRM. An appeal was heard by the Full Court, the Yue Wing firm, of 45, Jervois Street being the appellants, and Messrs. David Sassoon and Co. of 8, Des Voeux Road, the respondents. The appeal was against an order made by the Chief Justice in Chambers, in favour of the plaintiffs in the original action.
Sir Henry Berkeley, instructed by Mr. F. X d'Almada e Castro, appeared for the appellants, the respondents being represented by Mr. M. W. Slade, instructed by Mr. D. V. Steaven son (of Messrs. Deacon, Looker and Deacon).
The claim in the original action was for $40, being balance due from defendants to plaintiffs for goods sold and delivered according to the usual terms and conditions, The plaintiffs also claimed the sum of $2,065, baing the difference between the price of goods sold by the plaintiffs to the defendants under three contracts entered into by the defendants dated May 2nd, 105, March 22nd, 1906, and April 30th, 1906 respectively according to particulars supplied in the contracts (and which contracts the defendants filed to perform), and the amount realised by the sale of the goods by public auction on January 29th, 1967, for the sum of $426 and auctioneers' charges and ex. penses in connection with the sale.
would not be delivered in chambers. a question of damages. Sammary judgment
a
fectly plainly that any liquidated demand, not
Mr. Slade submitted it was recognised per liquidated damages, could be recovered on specially endorsed writ. "Liquidated" meant a fixed and ascertained amount, so where there was a fixed and ascertained amount demanded in the writ, arising on a contract expressed or mplied, it could be recovered by summary, judgment.
The Puisne Judge-You mean liquidatel at the date of the writ?
:
The appellants contended that respondents were not entitled to an order as it as only a debt, or liquidated claim under section 19 of the Civil Procedure Code.
The respondents held that the claim was ab ordinary one for debt and damages for breach of contract.
Sir Henry Berkeley-This is an appeal from an order made in chambers without the advant-
age of counsel having been heard on the point. The Paisne Judge-Whose fault was that? Sir Henry Berkeley-Nobody's fault. The order was made under what in England is known as Order 14, the equivalent of that order here being section 23 of the code, the section under
Mr. Blade- Ascertained. Proceeding, be said, respondent took the necessary steps to ascertain his damages. He sold the goods by public auction, the ascertained damages after the sale being the difference between the net proceeds of the sale and the price of the goods. If appellants had filed an affidavit that the sale was not of a proper kind, there would be a defence as to the quantum of the action, and the case would have to go to trial.
The Chief Justice-I very often have to give leave to a defendant as to the amount only.
Mr. Slade-It frequently has to be doue, and could have been done by the defendants in this
case.
And unless they do that, when the plain. tiff has taken the proper course regarding his demand against them, he can recover on a specially endorsed writ.
The decision was reserved.
Monday, 18th June.
IN ORIGINAL JURISDICTION,
BEFORE SIR FRANCIS PIggott (Caier JUSTICE).
NO INDICTMENT.
The Attorney-General aquounced that no indictment had been filed in the case in which Wa Tez-sin and two other natives were charged with embezzlement,
ALLEGED MURDER.
deceased lived at Praya East, asked his con- oubine where he was, and stated that they meant to kill him. The four accused were affair had been reported to the police. arrested at various times and places after the
Mr. Slade-I submit on the Attorney- General's opening that he has not shown any. thing more than a case of manslaughter.
His Lordship-I didn't catch the whole of His speech owing to the noise made by the electric fans,
Mr. Slade-On my learned friend's opening statement I don't see that he can bring a charge of murder.
The Attorney-General-I propose to touch on the law at a later stage.
His Lordship-In the case for the Crown, what is death said to result from?
The Attorney General-A through the heart.
stab wound
His Lordship-Did the accused all have knives?
The Attorney-General They had ample time to get rid of that evidence before the police arrived.
His Lordship-I don't think I can say there is no case laid before the jury which might not possibly be murder.
Evidence was then called, and the ca84 adjourned.
Thursday, June 20th.
IN CRIMINAL JURISDICTION.
BEFORE SIR FRANCIS FIGGOTT, (CHIEF JUSTICE).
ALLEGED MURDER.
The hearing of the charge of murder pre- ferred against Fujioka Kichi, Yastaro Koniya, Umakichi Yamaguchi and Nasajiro Iseki was continued.
Mr. H. H. J. Gomperis, Attorney-General, instructed by Mr. G. E. Morrell, Crown Soli citor, prosecuted, the accused being defended by Mr. M. W. Slade, instructed by Mr. H. K. itelmes.
Before the trial continued his Lordship wish-
Yamaguchi and Nasajiro Iseki were indicted on Fajioka Kichi, Yastaro Koniya, Umakichi
the charge of murdering a countryman named Araki Taizo at a Japanese Hotel in Connaughted to say a word about the proper form of can- Road Central, on April 4th.
Mr. H. H. J. Gompertz, Attorney-Goneral, | instructed by Mr. G. E. Morrell, Crown Soli- citor. prosecuted, the accused being defended Holmes. by Mr. M. W. Blade, instructed by Mr. H. K.
Prisoners pleaded not guilty, and the follow. ing jurors were called.-J. H. W. Armstrong (foreman), E. Bernheim, H. G. Simms, J.
Siebs. Dickie, J. D, Pulley, S. Weinberg and H. A
tion to be administered to a prisoner when exhi- bits were put in. He thought the exhibits should be put before the person charged, that he should be told the charge and that the exhibits had been secured by the police.
The Attorney-General-In this case your Lordship intimated that I should not ask to pat the prisoners' statements in.
I think you also said you were satisfied regarding Inspector Hanson's statement.
His Lordship-Yes, but I do want to impress apon the Government the absolute necessity of having the very best interpreters that "can possibly be had.'
The Attorney-General stated that deceased and accused were apparently known to each other for some little time prior to the fatal quarrel. On April 3rd the deceased took three The Attorney-General-Your Lordship's Japanese girls to the boarding house in Con-instructions have been noted. I understand naught Road Central known as the Yamamoto from the police the rule is that a man should be Kwan. This was a Japanese boarding house, charged as quickly as possible after his arrest.
No comments yet.
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