Defendant's demurrer in the case of H.C. Tong v, Lansing Hoyt was over-ruled by Judge Milton J. Helmick In the U'S, Court for China on Jan. 18. Plaintiff, represented by Allman, Davies & Kops, submitted a Statement of claim in which it was alleged that the Yangtze Rapid S, Ca, of which defendant was presiden owed him the sum of $110,000 on May 19, 1934, on account of each advances and guarantees. The defendant gave him a first mortgage or lien, which he kept in his possession, on a steel pontoon owned by the steamship company in Chungking. This mort~ age was not registered with the US, Consulate ur recorded anywhere.
Later, it was alleged that the Pontoon, a fair value for which was $50,000, was sold. Part of the money owed to the defendant had been pald, Jeaving an outstanding debt of $75,000. Defendant had refused to pay plaint ff the $50,000 received from the sale the pontoon, and so plaintiff? was now asking for judgment in that amount, together with costs and Statutory Attorney's fees, Detendent, represented by Rodger Ca, Med a demurrer, alleging that there'were not sufficient facts in the complaint to constitute a cause of action, "He maintained that the com= Dlaint was ambiguous, unintelligible, id uncertain because, Arstly, there was nothing in the China Trade Act or in the Code of the District of Columbia creating any personal liability on the part of emeers of the company, as prayed for by the plaint-Mf, and secondly, that there was No legal mortgage. "The demurrer" was Mr, George Woren was fined, US. $25 by Judge Milton J. Hetmick in the US. Court for China on Jan-ary 22 on a charge of assault, Mr. Leighton Shields," who " prosecuted, said the accused,' in celebrating. the completion of aeroplane-testing work in Hangchow for the Chinese Government, had, after a few with, a friend,' ducked a servant, Tang last October, appeared for the charge, say ing that the accused merely" helped the servant out of the water, 'Two other cases, une against Mr. Morris Katz, and the other against Mr. Harry: Bf. Stuckgold, were withdrawn. 'The latter was charged with assaulting a chauffeur, but the chautfour's employer had' written to the District Attorney saying that" Mr. Stuckgold had not assaulted the! driver,
Text read from the printed page and cleaned; old type leaves the occasional error.