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His Lordship-Let the matter be discussed in chambers this afternoon.
Thursday, June 3rd.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. H. H. J. GOMPERTZ (PUISNE JUDGE).
CLAIM ON A SUB-CONTRACT.
Li Wo Shing, trading as the Wo Shing firm, sued Li Fook, trading as the Yee Sang firm, to recover $233.49 balance due for work done and material supplied between 9th November, 1908, and 2nd April, 1909. Defendant had paid $1,32 into Court, the amount he alleged to be due and owing in respect of the contract.
Mr. Bulmer Johnson (of Messrs. Dennys and Bowley) appeared for the plaintiff, and Mr. P. Sydenham Dixon (of Mr. R. A. Harding's office)
for the defendant.
His Lordship-I suppose it is a question of accounts, as this money has been paid into Court. Mr. Johnson-It is a question of whether the defendant has been paid for what he has done. My case is to prove that he has been paid for everything he claims to have done.
His Lordship-I understand there is an architect on each side.
Mr. Johnson-Yes. Proceeding to outline the facts, Mr. Johnson said the claim was for work done to the wall enclosing the Naval Yard, and running along Murray Road from the Victoria Recreation Club almost to Queen's Road His client was the sub-contractor, and was employed by the defendant to put in granite work and coping stones. The contract was to do the wall from the south end, from the cricket field end down to the iron railing at the V.R.C. The arrangement was verbal. but subsequently his client received a memorandum with a small sketch on it, which showed the price to be paid. Afterwards the wall was extended. and the sub-contractor was requested to do the additional work. He undertook the task on the defendant agreeing to pay the additional price which he submitted.
His Lordship -Was there a written contract originally
Mr. Johnson Only a memorandum signed by my client, which refers to the contract.
His Lordship-Shortly, what is the question at issue? Is it a question of whether the defendant agreed to pay an extra price for the extra work?
Mr. Johnson-I don't know. My friend refuses to pay, and we don't know what item he objects to.
Mr. Dixon The defeuce is, that under the memorandum the plaintiff refers to, the price is stipulated. That is what he has signed, and what we have paid into Court, and we have Mr. Harker's certificate.
whether
His Lordship-The question is there is a separate and independent agreement. dealing with extra work and extra rates.
Mr. Johnson-I am going to submit that the memorandum put in refers to the contract, and not to the additional work.
Mr. A. Denison, a member of the firm of Messrs.. Denison, Ram and Gibbs, on being sworn dealt with a list of items contained in the particulars supplied. most of which were
admitted. He did not think 15 cents per foot for work on plinth stone, and 45 cents per foot. for work on coping stone was an unreasonable price for work done during. Chinese New Year. A contractor would have to pay his men extra for working during that period.
After further evidence was heard, his Lordship reserved judgment.
Friday, June 4th.
A SUB-CONTRACTOR'S CLAIM. His Lordship delivered his decision in the action brought by Li Wo Shing, trading as the Wo 8hing firm, against Li Fook, trading as the Yee Sang firm, to recover $233.49, balance due for work done and material sup- plied between 9th November, 1908, and 2nd April, 1909.
Mr. Bulmer Johnson (of Messrs. Dennys and Bowley) represented the plaintiff, and Mr. P. Sydenham Dixon (of Mr. R. A. Harding's office) appeared for the defendant.
THE HONGKONG WEEKLY PRESS AND
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His Lordship stated that a sum of money had been paid into Court, and the claim as regarded the remainder would be divided into two parts. The first part was in respect of work not done in accordance with the plans furnished. It seemed to him that plaintiff took the risk of not con- sulting the builder, therefore that part of the claim could not be upheld. The second part of the claim was for extra work, and that was alleged to be a separate contract. His Lordship agreed with the plaintiff that the memorandum was merely a memorandum of the first contract, but it did not include the extra work in the second contract. Judgment would be for the amount paid into Court, and the balance due for extra cost of labour at Chinese New Year; in all, $190.19 and costs.
A QUESTION OF PRIORITY.
Mr. John Hastings (of Messrs. Hastings and Hastings) asked leave to mention a matter in which a junk master was the defendant, and against whom there were a number of claims.
His Lordship-I was given to understand that you had been paid off in that case.
Mr. Hastings-I am sorry to say that is not so. His Lordship-Yon come in priority. Mr. Hett (of Messrs. Brutton and Hett) remarked that Mr. Hastings had the prior right, as he got judgment some days before the others. Mr. Kong Sing-I was given to understand that Mr. Hastings had been paid off. I have no objection. It is a matter for my friend Mr. Hett.
Mr. Hett-I appear for one of the plaintiffs, and I think legally that Mr. Hastings is entitled to priority, but as regards the claims between myself and Mr. Kong Sing, I think they ought to rank pari passu.
His Lordship-As a matter of fact, there was an endorsement to that effect, but it was not my endorsement.
Mr. Hastings stated that a sum of $1.50) had been realised out of the sale of the junk, and he wanted only $300 or $400.
His Lordship asked Mr. Hett why he should get his costs first.
Mr. Hett--Why should Mr. Koug Sing? His judgment was given about two minutes before mine. I asked to have the case heard on Thursday afternoon so that nobody else could come first, but it was adjourned until Friday. Mr. Kong Sing did not protect the estate any more than 1 did because of his attachment. because it was under Mr. Hastings' attachment until it was sold.
(June 7, 1909.
Mr. Kong Bing-No, my Lord. I submit. I would be entitled to all costs if that estate had gone into bankruptøy.
Mr. Hett-Your Lordship need not protect our clients, and they are the only persons concerned. I submit there is no rule of practice that gives anyone priority in these circumstances. His Lordship intimated that he would consider the point, and adjourned the case.
DISORDERLY GERMAN SAILORS.
It was fortunate for the police concerned that the riotous behaviour of four German sailors at Kowloon on May 3 th did not have more serious results. The seamen, who are to proceed north by the transport Oldenberg, hailed a sampan at T'simchatsoi to take them on board their vessel. As soon as all were aboard the Chinese because the natives objected to their interfer- craft, however, they wanted to take charge, and
ence they were assaulted. A police whistle blew, and brought Detective-Sergeant Wilden, Sergeant Caygill, Lance-Sergeant Edwards and Constable Adams to the assistance of the boat people. When the police arrived on the scene two of the seamen drew knives. One of the armed men made a rush at Lance-Sergeant Edwards, but his jab missed its mark. Unfor- tunately for Sergeant Wilden, who was rushed by the other German, the aim proved true, and the knife passed through the palm of his haud. In the end, the police overpowered the truculent sailors, and they were charged before Mr. J. H. Kemp at the Magistracy yesterday with assaulting the crew of the sampan, assault- ing the police, and behaving in a disorderly As no objections were raised by the police, the men were handed over to the Ger- man Authorities to be dealt with,
manner.
SUICIDE OF A JAPANESE.
An inquiry into the circumstances of the death of a Japanese who committed suicide was conducted at the Magistracy,on June 2nd by Mr. J. H. Kemp before the following jury: Messrs F. O. H. Kellinghusen, J. C. V. Ribeiro and J. O. V. Ribeiro. The body, of the deceased was found floating in the harbour on May 19th near the coal sheds at Kowloon.
Dr. Pearse said from his post-mortem ex- amination of the body, which was that of a young man of about 25 years of age, he was able to state that there must have been a great struggle for breath. There was a wound in the nature of
His Lordship-You came in after Mr. Kouga stab, in the front of the neck, just over the Sing had attached.
my
would have been a justifiable expense on
Mr. Hott-Certainly, but I don't think it
part to have attached. We were in agreement upon it. and I knew that Mr. Kong Sing's
attachment was on.
His Lordship Then you got the benefit of his attachment?
Mr. Hett-But I will get no benefit if his costs and claim come before mine.
His Lordship-His costs come first. Mr. Hett-That means that I won't get my full costs. I certainly think my costs should come in after his claim.
I could make that order.
His Lordship-I don't see on what principle
attachment was unjustifiable.. If my friend Mr. Het As it turns out, Mr. Kong Sing's
was entitled to priority at all, it would be because he preserved the estate, and he did not preserve it. It means that I will probably not get my costs at all. as Mr. Kong Sing wants $700, and Mr. Hastings 8300.
Mr. Kong Sing-Your Lordship will see my attachment was absolutely necessary. If I had not attached, the defendant would have paid off the $300 and gone away.
Mr. Hett-The fact that Mr. Kong Sing preserved the estate does not redound to his credit in any way.
His Lordship (to Mr. Kong Sing)-I am not clear that I ought to give you more than priority for costs of attachments.
Mr. Hett-I agree that my friend should have his costs in priority.
Mr. Kong Sing-In those circumstances I agree to Mr. Hett's costs coming in priority to my claims.
His Lordship-Surely the practice here is only to give priority for costs of attachment.
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windpipe. From the very congested state of the internal orgaus, and the evidences of a strong struggle before death, he considered the cause of death was drowning, and not the loss of blood from the stab in the neck. The wound was consistent with a self-inflicted injury.
Henrich Jebsen, engineer, gave evidence to discovering a suit of clothes, a pair of boots, and a cap near the new Recreation Ground at Yaumati. Near the water's edge, on a stone wall, there were evidences of blood. Among the papers found on deceased were one bearing on the case. One of them, however, was a lovė letter.
A Japanese clerk in the N.Y.K. said he knew deceased in. Japan, and later in Hong. trouble in Japan, saying he had lost all his kong. He had often told witness he had
money in trade.
The Coroner said deceased appeared to have cut his throat and then jumped into the water. The circumstances pointed to suicide, as he had had some trouble with a wife and sweetheart, who were apparently in need of money.
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The jury returned & verdict of "Suicide.”
Mr. Charles Denby, the retiring Consul- General for the United States at Shanghai, was entertained to a farewell complimentary dinner at the Astor House last Saturday evening. The dinner was attended by 170, and the spacious dining hall was draped with the flags of all nations. Mr. W. A. C. Platt presided, and proposed the toast of "Our Honoured Guest," in which he eulogised Mr. Denby for his work as consul and for his qualities as a resident. Mr. Denby in his reply remarked how pleasant his associations with the city and its varied interests had been and predicted a great future for the settlement.
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