The Archive · 1937

Charter Party Breach Messrs, Chung Hsing Coal Mining

Ca, represented by Mr. Wang Chuanpi," attorney-at-law, brought an action in the First District Court on April 17 against Messrs. Yuan On Steamship Ca. to claim damages, amounting to $46,800 alleged to have arisen from breach of a charterarly entered into on July 8, 1936, Counsel for the plaintiffs told the Court that his clients chartered the s, Voe Yang from the defendants for six months, that the defendants undertook to deliver the ship before the end of July or at latest on Aug-st 10, that on August 20, plaints received notice from defendants that, the ship had been commandeered by the Government, and that in Septem~ ber, the defendants notified the plaintiffs to the effect that the charter-party was ended by reason of Art, 42 of the charter which stated that, should the steamer be requisitioned by the Government, Whilst under this contract, the char-for party to be declared null and void, Counsel for plaintiffs contended that the above clause should not, apply because the vessel had never eon delivered and claimed that the reason the defendants failed to deliver the vessel was that the freight Dr. L. C. Yang, counsel for defendants, contended that the charter party was rightfully dissolved and that, under Art. 225 of the Civil Code, the defendants would be relieved of their obligation to perform if per formance became impossible by reason of a circumstance from which they were not responsible. The ship was commandeered during the Kwangse trouble and it was a eir= cumstanee beyond the control of the defendants, Dr. Yang contended.

The heating was adjourned tilt April 28.

Four robbers received five years* imprisonment each in the First Special District Court. on April 16._ The men, arrested by detectives of Yulin Road Station, were charged with having robbed the occupants. in No: 88, Lane 455 Ward Road, of money, clothing and jewellery" valued 3120 at 910 am. on April 1.

Text read from the printed page and cleaned; old type leaves the occasional error.

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