226*
?
case
and
was
he
to
the offloe, noted the time at which it was returned to him. That was five minutes past nine. The manager went out and had a look at the weather and came back in about half an hour. On going up to
his desk he sw lying thereon the application which was the subject of this
called his clerk and informed him they should not accept the application in weather like that which was prevailing. He instructed the olerk to
with acquaint the applicants
this
and straightway a
sent to the message plaintiffs that the insurance could not be effected. Un these grounds the defendants denied that the goods were insured. It might be interesting to note what the company had done in regard to the policy which they had accepted but which had not been sent to the people who had made the application. The manager placed the matter before the directors who decided that, as they had accepted the policy, although this fact had not been communicated to the 88 applicants, the only course open to them honourable men was to pay,
which
they
had accordingly done.
Evidence was then called on behalf of the defence, and the case adjourned.
{
IN SUMMARY JURISDICTION.
BEFORE MR. H. H. J. GOMPELTZ (ACTING. PUISNE JUDGE).
NEWSPAPER DIFFICULTIES.
The Si Wai Kong Po firm, who are the pro- prietors of a Chinese newspaper, brought an action against the Chong Seng firm of printers for $1,000 for loss caused by breach of con- tract in printing their paper. The Chong Seng firm counterclaimed for $173.17, being the balance due for priating done. This money had been paid into court and costs allowed up to the time of payment on Tuesday. Mr. P. W. Goldring, of Messrs Goldring, Barlow and Mor- rell, acted for the plaintiff, and Mr. Jackson, rom the office of Messrs. Johuson, Stokes d Master, appeared for the defendants. -
The case for plaintiffs was that on November 20th they entered into a contract with the defendants to print their paper daily for a period of six months. On February 5th, 6th and 7 h, just after Chinese New Year the defendants failed to print the paper and the plaintiffs had to go to another printer to whom they had to pay a higher price to get the paper printed. On February 8th the defendants resumed the printing and carried it on until March 2nd when, without warning, they dis. continued printing it.
Defendants contended that the non-payment
gave by the plaintiffs of the amount due justification for ceasing to print.
them
As His Honour had to attend at the ma- gistracy the hearing was adjourned.
Thursday, 2nd April.
IN ORIGINAL JURISDICTION,
BEFORE THE CHIEF JUSTICE.
(SIR FRANCIS PLG T2);
AN IN-URANCE CLAIM.
The jury action wes concluded in which the Kwong Tak Hong firm of 122 Des Voeux Road West claimed $4320 from'the Yuen On Marine and Fire Insurance Company, td, the value of goods alleged to have been insured by plaintiffs with defendants
00 the morning of 18th September, 1906. The special jury consisted
Charles of Messrs
Henry
Alfred Grace, Haske 1. Holland Skelton, David
Edward Harvey, Hinds Donaldson, Riddell Law,
The Humphreys and William Murray cott. Hon. Mr. H. E. Pollock, K.C. (instructed by Mr. Dennys, of Mess 8 Dennys and Bowley), appeared for the plaintiffs, and Mr. M. Slade (instructed by Mr. 0. D. Thomson) for the defendants.
Mr. Pollock
· Mr. Blade and
baving addresses to the jury, concluded their
His Honour summed up. At the outset he
that remarked
the
for question the jury to decide seemed to be a somewhat novel one in regard to the law of insurance, and he was very glad to have the assistance of gentlemen well versed in business to decide the questions of fact. They had heard evidence that
THE HONGKONG WEEKLY PRESS AND
there was an appreciable lapse of time between the receipt of an application by the person who insures and the issue of the policy. It was
&
|
[April 4, 1908
COMPANIES.
·HONGKONG ROPE MANUFACTURING COMPANY.
The twenty-fourth ordinary general meeting of the shareholders in the above company was held on March 30th at the offices of the General Managers, Messrs Shewan Tomes and Co./Mr. R. Shewan presided and there were present Messrs. D. W. Craddock, H. P. White (members of consulting committee), Captain Clarke, J. A. Young, R. Hancock, and L. F. Campbel (secretary).
The SECRETARY having read the notice convening the meeting,
The CHAIRMAN said :-We now present to you our report and accounts for the year eading 31st December 1907, printed copies of which have been in your handa for some time past, which I hope will be found quite salis- factory by shareholders. As we anticipated at the annual meeting this time last year both ex- ohange and the cost of raw material have been in our favour enabling as to reduce our prices to our customers to a lower limit than we have seen for some years. On the other hand the lower price induced a greater demand and our furn-over accordingly shows a fair increase. In the accounts there is nothing, I think, that requires explanation. Our investments you will notice have all been written down to the low valuation of the present day and should be quite safe at the figures given. As to the present year's prospects I can only say that it has begun well and that so far we have no reason to feel pessimistio The quality of the rop never was better than it is at present and it is daily growing more and more in favor in all the ports and places to which we send it, and with all consumers who know what really first class rope is and how seldom Manila rope honestly made of pure Manila hemp without any mixture of other weaker and cheaper fibres is met with now-a-days,
material question as to whether, during that interval, any risk was accepted by the insurance company. As to liability there could be little doubt, but the question was as to when the liability, arose at the time of the pro- posal, or whether it arose at the time of the Acceptance. He proposed only to put to the jury the one question as to a verdict for the plaintiff, or a verdict for the defendant, because be thought it most difficult to put a series of questions to be answered in the form of a special verdict. He thought they would agree, as practical men, that there was nothing inherently wrong in a man trying to get insur ance when he saw a storm was coming on-it was a question as to whether the company accepted the risk or not, Supposing he were to go to au insurance office for the first time to make a proposal, the more acknowledgment of his letter of proposal would not mean an intimation of acceptance of his proposal, and one of the points the jury would have to decide was whether the affixing of the defendants' chop could possibly mean, acceptance. The manager said there was no such intention, and he said also that the fokis downstairs had no authority to accept the proposal and that that Buthority rested with : the manager or assistant manager. Now there must be some moment of time when a person decides to take an insurance risk, and the jury as business men would readily understand that the initialling of a document seut down to the olerks woull be a proper intimation to issue a policy. hey would also have to consider, this view. Supposing for a long series of years the system had been adopted of sending a book, with the plaintiffs' own corresponding chop on it, to tho Refrdant company to chop, and that the company, after shopping, had invariably issued a policy had the company by that chopping Waived their right of not assenting to a proposal? The law never abandoned even in a caso of a long course of dealing its search for the intention of the parties. It might n that after a long course of dealing, in which the policy had always been issued in due course, that it had
Mr. CRADDOCK-I have much pleasure in become established that the proposal was suffi seconding. I think this report placed before
If they were
as cannot but by looked upon as exceedingly cient just as the chopping was. satisfied that by affixing that chop the defen-satisfactory. It reflots great credit on dants always meant to accept the proposal,
managers. and nerer refused it, then the plaiat tiff would be entitled to a verdict. Other ques- tings, as to the authority of the clerks to accep. the proposal, and such other questions as were raised by counsel, were bound up in the one question as to whether the chopping meant acceptance.
The jury returned after a short absence with a verdict for the plaintiffs. Formal judgment was entered with costs..
Mr. Slade then gave formal notice of appeal.
KULANGSU (AMOY) MUNICIPAL
COUNCIL.
Minutes of a meeting of the Council, held at the 10th March 1908.
Present: Messrs. W: H. Wallace (Chair. man), C. A. V. Bowra, Huang Ts'an chew, N. Krus',
N. Wilson, the Health Officer, and thẻ Secretary.
1 The minutes of the last meeting are read and confirmed.
2 A letter is read from a ratepayer concern. lice ase ing the nonpayment by him of his pouy fee, and the Secretary is directed to inform him the Council has no power to exempt anyc from paying license fees which have been approved and passed at the Annual Meeting of Ratepayers: -
3 The Superinten lent of Police reports, the following cases have been dealt with at the Mixed Court since the last meeting:
SUMMONSES.
1,
2,
to
Debt 8, Assault 3, Contempt of Court Obtaining money under false pretences Kidnapping 2, Allowing pigs and cattle stray 6, Selling liquor without a license 2..
SUMMARY ARRESTS, Theft 4, Assault 1, Robbery 3, Found on enclosed premises 1.
(Signed) W. H. WALLACE.
Chairman.
C. BARKLEY MITCHELL, Secretary.
There being no questions,
The CHAIRMAN moved the adoption of the report.
The motion was carried.
our
On the proposition of Captain CLARKE, seconded by Mr. YOUNG, Dr. Noble, Messrs. H. P. White and D. W. Craddock were re- elected members of tlie Consulting Committee. Mr. HANCOCK moved that Messrs. W. H, Potts and AO'D. Gourdin be re-appointed auditors.
**
Mr. WHITE seconded, and the motion was agreed to.
The CHAIRMAN-That is all the business ge..tlemen.
Dividend warrants are ready now.
YOKOHAMA SPECIE BANK, LIMITED.
the
The fifty-sixth report presented to shareholders at the half-yearly ordinary general meeting, held at Yokohama, on March, 10th
reads:-
The Directors submit to you the annered statement of the liabilities and assets of the Bank, and of the profit and loss account for the half-year ended 31st December, 1907.
The gross profits of the bank for the past half-year, including ye: 1,055,058.72 brought forward from last account, amount to yen 13,890,956.34, of which yen 10,809,40416 have been deducted for interests, taxes, current expenses, rebate bills current, bad and &o., leaving a balance of yen 3,081,552,18 for doubtful debts, bonus for offers and' clerks,
appropriation.
on
! Owing to heavy depreciation of silver towards the end of the past half-year, the Directors have decided to write off yen 480,000.00 out of the silver depreciation fund in order to adjust the rate of the silver fand held in Chins. The silver depreciation fund will hereafter appear as a separate item in the balance sheet. The Directors now propose that yen 550,000,00 be added to the reserve fund. From the remainder the Directors recommend a dividend at the rate of twelve per cent., par annum, which will absorb yen 1,440,000.00,
i
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