May 11, 1908.]
The statement of claim set forth :-(1) The plaintiff is a widow and resides No. 216 Des Voeur Road Central, Victoria. (2) The defendants are traders and carry on business al No. 237 Wing Lok Street, Victoria. (3) On the 17th day of July 19 6 the plaintiff at Macassar remitted to the defendants in Hong- kong the sum of $1,000 through the Neder- landsche Handel-Maatschappy by bill of ex- change. (4) The said bill of exchange was band- ed by the plaintiff to the defendants on her arival in Hongkong on or about the 3rd August 1906 for collection on her behalf and for her use and | benefit. (5) The defendants collected the said sum of $1,000 from the Nederlandsche Handel Maatschappy. (6) The plaintiff has demanded from the defendants the sum of $1,00, but the defendants refused to pay.
The statement of defence set forth that the defendant firm had become bankrupt and that the plaintiff had received dividends onthe amountdue. At the last hearing Mr. Grist contended that the plaintiff could not split her cause of action. The defendants had received $3,600 on behalf of plaintiff and bad, at her request, lodged it with a firm which had become bankrapt She had received dividends on the amount due.
Mr. d'Almada consented to being non-suited and this was done.
J
Thursday, 7th May.
IN BANKRUPTCY JURISDICTION.
BEFORE THE CHIEF JUSTIGE (SIR
F. PIGGOTT).
APPLICATIONS TO RESCIND.
Re Moosa e Vieira, application to re-cind a receiving order.
Mr. E. J. Grist, on behalf of the petitioning debtor, asked for a farther adjournment as the arrangement made with the creditors bad practically been approved by all the parties and only the consent of the Court was now required. He wished lodge a draft deed with the Court. His Honour-What do you propose to do ? Mr. Grist-Will your Lordship refer it to the Registrar ?
The public examination was adjourned for a week.
Re J. C. Logan, application to rescind a receiving order.
This matter was adjourned for another week on the application of the Official Receiver (Mr. Wakeman) who explained that a compromise had been arrived at and the matter practically completed.
WAS
I
COMMISSION AGENT'S FAILURE, Re Herbert Stephens, ex parte debtor. Debtor in answer to the Official Receiver, said he had lately been carrying on business as a mer. chant. He commenced in July 1904 on capital supplied by Mr. Wong Lee who found $6,000. That did not imply a partnership. It was furnish. ed to send debtor home to England to arrange for agencies. He was away for one year. During his absence the clerk left in charge had trouble with Mr. Wong Lee as to the $6000 and bad made arrangements with him to repay the money by instalments. The business continued until his return in October 1995, and after getting rid of Mr. Wong Lee he entered into partnership with Mr. Tregillas and Mr. Vincenot. Mr. Vincenot subsoribad $0 000, himself $4,000 and Mr. Tregillas $2,500, Debtor's share was 50 per cent of the profits and he was allowed to draw a salary of $250 a month. Mr. Vincenot drew $250 per month as a salary and 25 per cent of the profit and Mr. Tregillas drew $175 a month and 25 per cent of the profits. There was still $600 due to Mr. Wong Lee out of the $6,000 advanced. He established a business connection as the result of his trip home, having secured several commissions on à subsided basis. The subsidies alone were worth about $8000 a year. That was apart from the commission. The business paid. They sold all sorts of piece goods to the Chinese. They really acted as travellers. In the first half year the profits amounted to $24,000 and about $5,000 net. Approximately their gross profits were about $2,000 a month from which $1,200 expenses were dedasted. They kept books but they did not make up a balance sheet after the first half year. Their Portuguese bookkeeper muddled up things and they had to get
CHINA OVERLAND TRADE REPORT.
their old accountant back again. nothing about bookkeeping; that
He knew was not
30%
IN SUMMARY JURISDICTION.
ALL ABOUT A DOG.
in his department. He had now no partners. BEFORE MR. H. H. J. GOMPERTZ (ACTING Mr. Tregillas died in April of last year. He
PUISNE JUDGE); carried on business for the firm at Shanghai, hey lost money there all the time. In March 19 7, Mr. Vincenot retired, They paid him out $3,5), He had overdrawn before he left the firm. The sum mentioned was agreed upon as a settlement. All that money had been paid to him with the exception of $1,400. Debtor gave him promissory notes for the amount of the $3,400. He had nol settled Mr. Tregillas' share. As far as they knew the deceased gentleman had overdrawn his account. Dabtor attributed his bankruptcy to losses incurred through their compradore having entered into contracts ou behalf of the firm which be did not make good. His security only amounted to $20,000. Debtor estimated his losses in that connection as over 86,290. The compradore owed them that amount. Debtor's first difficulties occurred in August 1906 when ou coming back from Shanghai he found that many dealers were not taking up their carges and the compradore was not able to get money to make good their obligations to the banks. He did not know he was unable to meet his liabilities until the receiving order was issued. Mr. Tregillas, senior, advanced $6,00 in January of last year for the business, Debtor was not aware the firm was in difficulties at that time. The $2,574 was borrowed from Mr. Jas White by Mr. Tregillas in the name of the firm in Shanghai. Debtor did not have any of the money, and he did not know whether it appeared in the books or not. A sum of $200 borrowed from Madame Flint was for the expenses in connection with the bankruptcy petition.
Tin Kan and Chu Sing Choy, employed in the Naval Yard, claimed 830 from Cheong Yuong for fa's imprisonment. Mr. S. Dizon appeared for the plaintiffs and Mr. Morre'l for the defe dant.
The litigation arose over defendant lost and which he ace sed plaintiffs dog which
and they searched the plaintiffs' residence. The of stealing. He brought the police to his aid police sergeant did not believe them when they denied the accusation and he took them to the house of a man Wong Lip from whom they said they had received a dog which they hid eaten. Wong Lap admitted having sold a dog to | Station. On being brought before the magis- them but still they were taken to the Police
trate they were dismissed.
The Official Recaiver-I do not propose to ask any further questions at present. t is a very complicated business. It is impossible to get through the piles and piles of books.
His Lordship-Was it a fairly large business? Debt r Yes.
What was your turnover?-About $800.000 or $700.00 a year.
Mr. Wakeman-The books have been impro. perly kept. I have had to employ an account. ant and he has not finished yet.
His Lordship-What are the liabilities? The Official Ro-iver-Practically nothing. His Lordship-What has happened? the business evaporated?
Наз
The Official Receiver-Yes. The rods are claimed by the people who ordered them. The liabilities amount to 846 032 and the assets to $41,000. I cannot explain that.
His Lordship-It seems a pity.
The Official Receiver-Mr. Kemp and myself have been in correspon lencs with creditors in England. We thought we would be able to come to an arrangement and that the creditors would belp him with further capital but they declined. His Lordship-And the business has been stopped since January?
The Cfficial Receiver-Ye.
His Lordship-If you had capital you could carry ou?
Debtor-Yes.
Mr. Deacon representing the oreditors in England, questioned debtor who said that before commencing business he had been
manager in Hongkong for Mesira. Boyd, Caine and Company. His arrangement with Wong Lee Was that the latter should receive six tenths of the profits provided he was able to make a business. The loares at Shangbai in
two years
amounted to $15,000 which almost absorbed their profits. Mr. Viucenot retired and Mr. Tregillas took over the books and worked out a statement which showed that the business was solvent. There was a small balance on the right side. Mr. Vincenot was paid in promissory notes. The compradore's security of $24,00 i was absorbed through his or. dering goods for which there were no customers sad which had to be sold by auction at enormous losses. Debtor thought the firm was solvent up to the time of the receiving order as he expected to make profits on cargos taked up by Chinese dealers. He did not know that these dealers were shaky. After the death of Mr. Tregillas his sister looked after the books. She was not a competent bookkeeper and no one supervised her. By that time, however, April 1907, the firm was practically in liquidation.
The examination was adjourned.
Mr. Dixon in which he explained that the two The police sergeant had written a letter to
before the Magistrate. men were not charged but only asked to attend
Tiu Kau was cross-examined at length by Mr. Morrell.
Did Cheong Yeung tell the sergeant to arrest you ?--Yes.
What did defendant say?—He s、id - These are they!
You say the Sergeant struck you in the face. Did defendant instruct him to do that P-No.
Chu Sing Choy was also cross-examined by Mr. Morrell.
Now, this dog you ate what did you do with the head, when you dressed it for dinuer ? We ate it.
www
Ate the head? And the fet also? Yes You ate the whole dog-head, feet, and skin? We singed the dog and then ate the whole of it.
Hs Lordship-What was the age of this dog? Mr Morrell-A full grown dog.
How many were present at the dinner? -Twenty or thirty.
Wong Lap said he sold a dog to plaintiffs. and that it was the custom among those who ate dog to eat every portion of it'except the hair.
=
Sergeant Le denied assaulting the men. Mr. Morrell contended that it did not con- stitute false imprisonment for the defendant to have complained to the constable, if the coustable acted on his discretion, as happened in the present oise.
His Honour accepted this' viev and gave judgmeut for defendant, adding that it was "bard lines "for Mr. Dixon's olienti.
Mr. Ditun protested that the police should have let his clients go after going to Wong Lap's house, and applied for costs.
His Honour refused the application.
BOARD OF TRADE SUPERVISION.
In the Bankruptcy Jurisdiction of the Supreme Court on May 7th an interesting point was raised by the Official Receiver (Mr. Wake- man).
Mr. Wakeman said he understood that accounts were sent to the Registrar.
His Lordship - What has he to do with it? Mr. Wakeman-I understand he supervises the accounts. He stands in the place of the Board of Trade.
His Lordship-No. The accounts are only sent to him for audit.
Mr. Wakeman-Perhaps so, my Lord, but that has been the practice here.
At a later a age
Mr. Wakeman asked, who is the Board of Tride here?
His Lordship said he could not say. He added that the Ordinance excluded the Board of Trade supervision. That power was taken away for a specific purpose, and there was nothing whatever corresponding to the Board of Trade here.
Mr. Wakeman-I was under the impression that I had to discharge the same duties as the Board of Trade. I have frequently done so.
His Lordship-Yes. The procedure is the old procedure. There is no Board of Trade Supervision here.
€
AFT
JA
No comments yet.
Private notes are available after approval.