The Archive · 1934

First Special Court

Chinese Shipping Firm at Fault

Judgment was awarded by the First Special District Court Messrs. Burkhardt, Buchan & Ca. Lid, in their action against the Tung An Steamship Ca. and the Han-Yeh Ping Iron and Coal Ca, for the delivery of 1,250 tons of coal and damages.

According to the plaintiffs, the consignment was sent from Tientsin by the Chihli Ching Hsing Mining Administration ina Tung An steamer. The bill of lading staled that the plaintiffs were the. consignees and the consignment was under lien to the American Oriental Banking Corp..and further the shipment was to be delivered to, and stored in the name of the bank.

The plaintiffs received the bill of lading on trust for bringing the consignment through the Customs and for some reason or other the Tune An Steamship Ca. issued in exchanss for the bill of lading a delivery order simply "to order without inserting the mame of the American Oriental Banking Corp. as the only|deal of benefit for the pullers, by Person entitled to disnos® of the coal [acquainting them with the real situa under the bill of Tading.

Tipon noticing this error the sleamship company informed the whar manager of the Han-Yoh Pine Iron and Coal Ca, requesting him to thad been unable to trace the third) recure the signature or otherwise Board and "decided to work for the the consent of the American Oriental welfare of the coolies, he gathered a Banking Corp, before disposing of it, The coal firm however, handed a warehouse-receipt to the "bearer of the "delivery order" issued by the Tung An Steamship Ca.

During the proceedings, Dr. W. Vogel and S. Francis Liv, for the plaintiffs, stated that the second defendant had permitted the plain\ iffs to take delivery of fifty tons of coal in compliance with a written authorization of the American Oriental Banking Corp. The assertion was sustained by an employee of the corporation.

In giving judgment for the plaint. ffs, the court held thal the failure of the first defendant to insert the name of the bank In the bill of lading constituted a clear case negligence on the part of the steamship company, rendering it responsible for all consequences resulting therefrom "and further that the second defendant was also guilty of negligence in that it evidently knew that the coal was consigned to Messrs. Burkhardt, Buchan & Ca, under lien to the American Oriental Banking Corp. This was clear from the fact that the second defendant had released 0 tons of coal upon written authorization of the American Oriental Banking Corp. and also from the written information to this effect sent by the steamship company. "Under these circumstances the Second defendant was not entitled to Issue a warehouse-receipt upon a delivery order which evidently aid not correspond to the True relation ship. The judgment pronounced both defendants jointly liable for the return of 1,280 fons of coal or value and damages, Defendants were represented by Mr. ¥. A. Yao.

Foreign Woman Sentenced aya. Latvian woman 42, was sentenced by Judge Tseu the First Special District Court on Tuesday (Aug. 1) on charges of assault, Police-Sergeant Chittick the complainant in the case.

"According to police evidence, the trouble arose on the Customs Jetty at about 845 pin. on Monday, when he was seen stopping passengers 10 tell their fortunes. Police Sergeant Chittick asked the woman to leave the Jetty. Instead of complying with the advice, she committed violence by striking the officer with her hand and handbag. It was pointed out in Court that the woman had three previous similar convic-

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

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