446
THE HONGKONG WEEKLY PRESS AND
The first defendant said she borrowed the money a year ago, and had paid four months' interest. Her son had been out of work for eight months, and she was living on a Govern- ment pension of $7 a month.
His Lordship-Can you offer any instalment at all?
Defendant-A dollár a month.
Mr. Gardiner-I ask for judgment. The- money has been outstanding for a year, and they have only paid $12 interest. If they were not in a position to pay the money on demand as they promised, they should not have borrow-` ed it.
His Lordship-They don't appear to be in affluent circumstances. I will order them to pay $2 each four dollars a month.
Mr. Gardiner That will take ten months more to pay the debt.
His Lordship You've had $12 interest. Mr. Gardiner-The plaintiff is entitled to some interest.
His Lordship-$12 in a year on $40 is not bad.
at once.
Mr. Gardiner - Representations were made by the defendants that the amount would be repaid They told the old story about coming into some money. It is practically getting money under false pretences, and they are pro- tected by the Court.
His Lordship-I am preventing them from making a much larger promissory note.
Mr. Gardiner-It is only encouraging them to borrow money from other people to live on if they can get off on such good terms.
His Lordship-I am discouraging lenders from lending money to such people.
Mr. Gardiner And encouraging other people
to borrow.
His Lordship-I don't like these investments, and order each defendant to pay instalments of $2 per month.
A RESTAURANT KEEPER IN DIFFICULTIES,
|
Mr. Gardiner Yes, the Robinson Piano Co., have one.
His Lordship It seems that this is a general scramble. Supposing you get your execution. to-day and the landlord comes in to-morrow ?
Mr. Gardiner He cannot come in to-morrow --not till the end of the month.
His Lordship-Supposing there are arrears ? Mr. Gardiner-Then he comes in first. His Lordship-I won't make an order for execution. I think there is time enough.
OF A DEAD DEFENDANT. The case was called in which Tam Chak U sued Pang Nung Kat and another to recover $80.
REPRESENTATION
Mr. F. X. d'Almada e Castro (of Messrs. Almada and Smith) appeared for the plaintiff, while defendants were represented by Mr. Leo d'Almada e Castro (of Messrs. Goldring, Barlow and Morrell).
Mr. Leo d'Almada informed his Lordship that the second defendant was dead.
His Lordship- You are appearing for the first, then P
Mr. Leo d'Almada-Yes.
Mr. F. X. d'Almada-As regards the case against the second defendant, it had better go over sine die until he obtains representation.
A solicitor asked who would effect the substituted service.
The hearing was adjourned.
İMPENDING ACTION FOR SLANDER
The case was mentioned in which W. HW Loureiro claims $1,000 from J. C. Cameron for alleged slander.
Mr. M. Reader Harris (of Messrs, Wilkinson and Grist) appeared for the plaintiff, and the Master (of vessrs. Johnson, Stokes and Master) defendant was represented by Mr. R. F. C. Mr. Master said he had asked his friend to furnish particulars of the alleged slander. If on receipt of them he thought pleadings were necessary, he would consent to an order.
Mr. Harris said he had no objection to furnish
[November 22, 1909,
A PROSECUTION UNDER THE BANKRUPTCY ORDINANCE.
The hearing of the charges under the Bank- ruptcy Ordinance against M. Ebrahim Moosa, iate of the Moosa e Viera and Co, was com menced at the Magistracy on Wednesday, 17th Nov., before Mr. E. R. Hallifax. The charges are of concealment and attempting to defraud his creditors, the figure involved being about $26,000. Mr. F. B. L. Bowley (Crown Solici- tor) prosecuted, and Mr. C. E. H. Beavis defended. Defendant was brought up in cus- tody, being unable to find the bail fixed.
پیش
G. Bertolone was proceeded against by Summa particulars that were considered necessary, but creditors. He would also prove that defendant
Singh to recover $300, money lont.
Mr. Gardiner represented the plaintiff, and Mr. M. Reader Harris (of Messrs. Wilkinson and Grist) appeared on behalf of Mrs. Bertolone, the defendant being out of the Colony.
Plaintiff said the defendant owed him $301.30, principal and interest due on a promissory note, interest being at the rate of 4 per cent. per
he wished the case to be proceeded with. His client was out of employment, but he might get a "job" at any moment.
His Lordship-Do you regard this action as an asset ?
Mr. Harris-No, but my client was offered this action he had to refuse it. an engagement yesterday, and on account of
The
In Mr. Bowley outlined the circumstances which led to defendant filing his petition in bankruptcy and pointed out that Mr. Moxon, manager of the National Bank of China, was appointed to liquidate debtor's affairs. Later a receiving order was made and the control of debtor's assets then passed into the hands of the Official Receiver. Mr. Moxon was appointed trustee of debtor's affairs, and this step received the modified approval of the Supreme Court. In September, 1908, Mr. Moxon went home
on leave and Mr. Davidson was was still Trustee of appointed Trustee and
On the 7th January, defendant's affairs. Mr. A. H. Kemp was appointed Official Re- ceiver and subsequently Mr. Wakeman, after he had returned from leave. Thus the defendant had been under obligations to disclose his affairs to Mr. Kemp, Mr. Wakeman, Mr. Moxon and Mr. Davison, respectively. On the 9th or 1 th November, 1907, before the meeting of creditors was held, at which Mr. Moxon was appointed liquidator, defendant handed a sum of which money was to be used to obtain legal of $8,000 in banknotes to Allana to keep, part assistance in case of difficulties and the balance for his family should he be further involved in difficulties. On the same day, he handed $15,000 to another person under the same condi- tions. This was obviously done to defraud his in December, 1906, entered into an agreement with Allana to acquire a retail business at No. 1 A. d'Aguilar Street, which had originally belonged to an Indian named Bachoo. agreement was not disclosed to anybody, and was recently found by accident. In November, 1907, the defendant got into desperate straits on account of his liabilities. He then told Allana that he wanted to transfer his share in Allana & Co. to his infant son, and instructions to that effect were given to Messrs, Hastings and Hastings, and an agreement was drawn up. The defendant was, however, apparently afraid to have the agreement executed in a lawyer's office, for he cancelled his instructions, and he and Allana entered into a private agreement in their own office. That agreement was not now forthcom- ing, and he (Mr, Bowley) did not know where it was. A deed of sale was entered into between Allana andCo. and anotherIndian named Marican, who presumably bought the business for $12,600, the money to be paid by monthly instalments. Immediately after the execution of the deed His Lordship-What would be the result?
of sale from Allana to Marican, Allana filed his Mr. Gardiner I might perfect my ex- The hearing of the charges against four petition in bankruptcy, and became a bankrupt, ecution by selling before the landlord has an excisemen of having assaulted two tallymen on Eventually Marican paid the sum of $10,000 to opportunity, which he will have if your Lord-board the a.s. Cyclops in August last while the trustee in bankruptcy. It appeared that the ship adjourns the case for a week.
searching for opium was resumed before Mr.sale of the business was all the way through a E. R. Hallifax at the Magistracy on the 15th inst. "blind." Allana had stated that the business Mr. H. J. Gedge, of Messrs. Johnson, Stokes still belonged to the defendant and himself. and Master, appeared for the complainants, and Within the last month or so violent disruptions Mr. Shenton; from the office of Messrs. Deacon, between the defendant, Marican and Allana had Looker and Deacon, appeared for the defend taken place, with the result that Allana was ants.
forcibly ejected from the business. Subsequent. havingly proceedings were taken at the instigation of Marican charging Allana with embezzlement, and the charge was still pending. At the end of 1907, defendant delivered a quantity of goods to Mr. G. P. Lammert to be sold at certain. prices, which proved too high, and as a con- sequence the goods still remained in Mr. Lammert's godown. No mention was made of these goods in the statement of affairs, and they were not disclosed either to Mr. Moxon or the Official Receiver, and their existence was only discovered by accident a few days ago.
annum.
His Lordship-That (the four per cent.) of itself sounds almost suspicious.
Mr. Gardiner I can assure you it is so, and I ask for judgment and immediate execution.
Mr. Harris-1 would ask for a stay of ex- ecution for a week. Mr. Bertolone is in Manila, and it would be a rather serious matter if his restaurant was seized. €
Mr. Gardiner There are other writs out against him.
Mr. Harris--I would ask for a stay till Monday.
Mr. Gardiner The landlord may be coming in, and I want execution before he enters.
Mr. Harris-I am only asking for a stay till Monday.
His Lordship-The defendant has not appeared.
t
Mr. Harris-I understand from Mrs. Berto- lone that there is no defence, but the defendant has not returned to the Colony.
Mr. Gardiner-There has already been a week's adjournment.
Mr. Harris-That was owing to your client being away.
His Lordship-Supposing I deferred execu- tion till Monday, could the landlord come in on arrears of rent before then?
:
Mr. Harris-No. Mr. Gardiner-But I cannot perfect my ex- ecution.
His Lordship-I don't see any grounds for granting a stay. The defendant has had a whole week to think about getting money or giving security.
Mr. Harris-It is merely for the convenience of Mrs. Bertolone that I am applying for a stay. His Lordship-Do I understand that other writs are out against the defendant P
Mr. Master-That's his own lookout. He could bring an action when he comes back.
Mr. Harris-There must be particulars in a slander action.
Mr. Master-But it is not necessary to have pleadings.
Mr. Harris-It is necessary to know what
the defence is.
Mr. Master-Possibly we might pay up when we know what the particulars are,
for pleadings might be made next Friday.
His Lordship remarked that the application
THE ALLEGED ASSAULT
BY EXCISEMEN.
The case for the prosecution concluded,
Mr. Shenton said he would prove that the defendants were assaulted by the complainants and that one of defendants still suffered a dis ability from that assault. He would call independent witnesses to prove that the defend- ants had their badges on when they came on board the ship. He would further submit that there were a number of people in the cabin at the time the assault was said to take place, and the prosecution had not seen fit to call those witnesses who would have been most material to them.
The first defendant said all the excisemen wore their badges on the occasion in question.
Cross-examined-The head of the party told them to put on their badges while in the sampan
The hearing was again adjourned.
Evidence was called and the hearing adjourned.
Northern papers record the death of Mr. J. R. Baker, of Messrs. Dodwell & Co., Ltd., Han. kow, which occurred on the 10th inst. He was born in Shanghai and has serveral sisters in Shanghai.
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