November 2, 1907.)
Mr. bomson-I understand Tsni Ming's wife is in Court.
Mr. Dixon-I don't see her.
Mr. Thomson- Behind the pillar. Bis Honour-Is that the lady?
Mr. Dixon-Yes, my Lord. I have another witness who was present al Mr. Holmes' office when this assignment took place. He can state that this money was paid and afterwards returned.
His Honour-It doesn't look as if she were being kept out of the way.
The case was adjourned.
Thursday, 31st October.
IN SUMMARY JURISDICTION,
BEFORE MR. H. H. J. GOMPERTZ (iCTING PUISNE JUDGE)
AN INFANT'S DISABILITY. Chang Wa Cheung sued Hung Tin Po for $384 56 principal and intercet due on a pro- missory note. Mr. W. J. Daniel of Messrs. Johnson Stokes and Master represented the plaintiff and Mr. d'Almada e Castro appeared for the defendant.
Mr. Daniel stated that the plaintiff advanced the sum of $20) upon a promissory note dated 5th July, 1991. It was a Chinese promissory note and agreed that the sum of $200 be r paid any time upon demand and also agreed to pay interest thereon. Plaintiff was now suing for the sum of $200 and the interest thereon $181.56, in all 8384.56. On the face of it he admitted that the promissory was statute barred. At the time the plaintiff advanced the money he was about 16 years
note
of age, and now he Was just over 21 according to the English computation. There. fore the disability of infancy had been removed within the last six or eight months and the Statute of Limitations did not run against bis client. If the Statute did run against an infant it was conceivable that a child of four or five years might have a wrong done him and he would b statute barred at the age of seven. That was a most abɛurd proposition. An infant was never under the disability of suing. He was under a restricted ability. He could always bring an action by his next friend. H.sub. mitted that the State of Limitations did not run against his client because disability only ceased six months ago.
Plaintiff gave evidence as to lending the money to defendant and to receiving $5 interest in July.
Mr. d'Almada cross-examined with a view to elicit that the money was lent by plaintiff's mother.
Defendant gave evidence that he borrowed the money from plaintiff's mother, who was his sister, and at her request the promissory note was made out in the name of her son, the plaintiff. Defendant had never paid any money to the plaintiff bat to his mother, to whom he had returned $100 of the principal. His sister did return the promissory note b-cause she said she had lost it. He made ouf another,
Mr. d'Almada argued that the statute of limitations applied. No payment having been made for six years plaintiff was barred from suing. Plaintiff sued for the whole amount but having admitted the receipt of a payment from the defendant he was precluded from obtaining judgment on the statement of claim filed.
Mr. Daniel pointed out that defendant having admitted payment kept the right of action alive.
His Honour reserved his decision, and ad- journed the case sine die.
THE LOST TROUSERS, The case in which F. Blunck sued the Connaught Hotel for $12 for the recovery of a pair of trousers lost by plaintiff in the hotel was called. Mr. P. M. Hodgson now appeared for the plaintiff, while Mr R. A. Harding acted for the defendanta.
Plaintiff repeated the evidence given at the former hearing, stating that on June 23rd he sent to wash among other things a pair of pongee silk trousers, which were not returned, In their place was a pair which did not belong to him. The room boy told him there was a hotel washerman.
CHINA OVERLAND TRADE REI ORT.
Cross-examined-He did not know whether the bot-l had a laundry or not. The boy said he would recommend the hotel laundryman.
For the defence Ho man yuk, manager of the Connaught Hotel, said that the hotel did uot do laundry work. A list of hotel rules, in which it was stated that the hotel did not undertake guest's washing, was exhibited in every room in the hotel.
His Honour gave judgment for defendant with costs.
IN BANKRUPTCY JURISDICTION.
BEFORE HIS HONOUR MR. A. G. WISE (ACTING CHIEF JUSTICE).
RECEIVING ORDER GRANTED.
Mr. Morrell, acting for Mr. P. W. Goldring, applied for a receiving order in the case of the Kwong Yuen Cheung. He stated that the liabilities amounted $300,000) and the assets to $50,000, having been reduced from $100,000. The order was granted.
ADJUDICATION.
Mr. J. H. Gardiner applied for the adjudica- tion of Kwok Pai Chi as bankrupt and the appointment of Mr. C. F. Dixon as official trustee, which was granted.
EXAMINATION CLOSED.
Mr. Morrell applied that the E Yuen firm be adjudicated bankrupt. His Lordship con serted, and the public examination was closed.
HOTEL KEEPER'S FAILURE.
Au Ka P, of the Occidental and Baltimore Hotels, was adjudicated bankrupt. and the public exunination closed. A meeting of creditors bad been held but no resolution bad
been passed.
BANKRUTCY ANNULLED.
Mr. Grist applied that the bankruptcy pro- ceedings in the case of Li Kwan Hing be annulled. Two reports were fil-d, in the last of which there was only one material point that the 39 per cent. had been paid.
His Lordship - The creditors have received this money? One of the objections was that there was no security for the money and the bearing was adjourned.
Mr. Komp-I am satisfied that the money has either been paid or the creditors bare agreed to make further claims.
...w
Mr. Grist It is really in accordance with the wishes of the creditors that the bankruptcy should be anuulled.
The order was made
:
295
It is a matter of very great importance.
Mr. Bowley-The complainant on the record is ergeant Wa't. The actual complainants are Messrs. Alexander Foss and Co. I appear for them.
Mr. Grist pleaded not guilty on behalf of the defendants.
Mr. Bowley said the charge was brought under section 3 of the Merchandise Marks Ordinance, 1890, subsection 2, which enacted that every person who sold, or exposed, or had in his possession for sale, any goods to which any false trademark, o: false description had been applied, unless he proved certain things, to be guilty of an offence against the Ordinance
Under subsection 3, any person found guilty was liable on conviction to a term of imprisou- ment of not more than four months or a fine.
His Worship-The maximum fine is $100. Mr. Bowley-Yes, and forfeiture of the goods. Proceeding, he said a trade des. cription was defined in section 2 of the Ordinance, subsection 1. In this case the d scription was as to the weight of the goods. The facts were that Sergeant Wait went to the defe dants' shop on October 21st and asked for a piece of what was generally known as turkey red cotton cloth largely used for purposes of decoration. ergeant Walt, who understood and spoke Chinese, asked the second defendant for a piece of turkey red. The man produced a piece from a case containing ጸ number of similar piecer, showed it to Sergeant Watt and told him the price wo Id be so much. After a little bargaining the price agreed on was $1.65, Sergeant Watt paid the money and received a receipt from the accountant in which the cloth was described 88 one piece 3lbs. scarlet plain cloth." The " 3lbs" was in English characters. The Sergeant weighed the cloth, and would tell his Worship that it weighed only 2lbs. leaving the shop Sergeant Watt returned and said he did not think the cloth 3lbs. The master said-It does not matter that is the way we get it from Japan," and showed him what purported to be the invoice for the cloth. Mr. Bowley submitted that on those facts he was entitled to a conviction, as it was obvious that when a person sold a piece of cloth marked 3lbs and it only weighed 21bs. that the ticket was a false description.
|
YARN DEALER'S FAILURE. Ling Yam Luk came up for his public examination. Io reply to the Official Receiver he said he was the only surviving partner of Hung Kee and Sun Ynon firms. The former dealt in yarn and originally consisted of seven partners and the latter was au opium firm of nine partners, the partners in the Hung Sung Yoon being partners in the Hung Kes. None of the sons of the former partuers took any share in the business. The failure was due to the fact that customers of the Hung Kes who had contracted to take certain quantities of yarn failed to do so, and the collapse iuvolal the downfall of the Sun Yuen, which stood s carity for the Hung; Kee. The Sun Yuen was a fim of sixty years' standing and the Hung Kee was twenty. I four years old. The liabilities were $16, and the ass-is S40 0
The exaluation was clos ·d.
! יו}
i
A FALSE TRADE DESCRIPTION.
Wonging-cho, master of the Yat Sing, Loong piece goods shop, No 6, Mercer Street, and Chi Chuk, the accountant appeared before Mr. C. D. Melbourne at the Police Court
on Oct. 3th on summous, to answer charges of exposing for sale and having in their possessiou ten pieces of turkey rød e›tton to which a false trade description was applied; and with selling, one piece.
Mr. F. B. L. Bowley (of Mes re. Dennys and Bowley) prosecuted, and Mr. E. J. Grist (of Messrs. Wilkinson and Grist) appeared for the d-fendants
Mr. Gris-I would like to know whether my fieud appears as Crown Solicitor or as a private prosecutor. Either be appears for the plaintiff, who is nominally a plaintiff, or else he appears to prosecute as Crown Solicitor.
14
•
After
After Sergeant Watt had given his evidence as to the purchase, he admitted in cross- examination that the master of the shop was willing to take the cloth back if he was not satisfied with it.
Mr.
Messrs. A. Couslaud, manager of Alexander Ross and Co., stated that his firm imported many qualities of turkey red, which was usually d stinguished by the weight of each piece.
Cross-examined-Do you know Chow Kwong or the T'ai Ling, customers of yours?-No.
Now, would you be surprised to hear that the piece before the Court was sold at a weight of 2lbs the other day-Not by us.
a
It was gold on the 26th of this month as weight of 2lbs; is that surprising ?—I am not surprised at anything a Chinaman sells.
The actual weight is 11lb. 9oz.; you couldn't tell us the weight it came to you as ?-No.
You could not say what you so'd it as ?—No. Have you ever weighed any of this stuff of an inferior quality ?—Yes.
And bare you not found that the bundles are a little light? I weighed several bundles lately and they wer- all above weight but one, which was an ounce un der.
These pieces might lose as much as a quarter of a pound by sing kept?—I wouldn't expect
them to vary more.
Mr. Grist asked his Worship to dismiss the There was case on the evidence of the Sergeant no suggestion of the defendant hiding away the goods or anything of the kind. He answered all the questions of the Sergean', gave him all the information he wanted, and showed him what parported to be the invoice for the cloth. These people had acted quite innocently in the matter. The complainant did not weigh the cloth, but sold it at invoice weight. Did his Worship mean to say that a man could possibly be held guilty of a criminal offence for that? It must first be show that somebody was deceived or there was intention to deceive some person. The master did not intentionally attempt to deceive the public. With regard to the account-
No comments yet.
Private notes are available after approval.