(judgment for Plain with cons)
Shanghai, Dee. 30 The action of Mr. LA. Paviott in the" United states Court for. Ching Suainst the Shanghat Stevedoring
sale' of plan in storage ines for damages, for. nauhord the defendant warehowsemen, was do-cided yesterday. in favour' of the Plalatit in the sum of $1,07063, and forts. Judge Ailton J. Helmick: giv= ing his decision, declared:
conceding (but not deciding) that hay. is' perlhable: property. it seems the Court that the dependent can Nard be said to have complied With Tentene provisions of Section Title 27, Disitiet of Columbia Code, With reference to sale. of perishable foods by a. warehouseman, "Where the'owner of the goode is readily se-toss ble, aa in this case, the. Court thine that even under this section of the Warehousemen's Act some sort ofa written warning notice ta requir= fed before the warehouseman proceeds {o sell the goods. Because of its non= compliance with this section the defendant as a matter of ta, has made {elt table to plaintiff for any nade: auacy in the selling price. "Although the Court thinks the evidence did not tablish the macker price at the time of the sale to be as high us plait Sieges, the Court believer defendants Selling price was too low. Judgment will "be entered. for plaintiff inthe of ShS.07003 and costs." accident and that he had spoken to deceased shortly before he was. Knocked down. Witness added that Breach of Contract he noticed a car speeding along the road without lights and a few sec-fonds "after it had passed him he heard a crash. Running to the scene ho found the injured Indian lying on the road and he advised the Japanese to take him to the Police station immediately.
Alter evidence by w sergeant from the TraMe Department, S.M.P.. who said that the ear was in" perfect working order, the enquiry was adjourned until December 31.
Resumed ating Jan. 1.
A verdict of accidental death' was relumed by Mr, I, T. Morris, HM. Coroner, at the resumed inquest held in HM, Coroner's Court yesterday. morning on the body of Narain Singh, a Sikh Police cook, who was killed ina road accident" on East Soward Road on December 23. At the previous enquiry it was stated that deceased, who was riding a bicycle along the road, had been Knocked down when his machine had come into collision with a Japanese-owned and driven ear.
The first witness at yesterday's enquiry, Sergeant Seaby of the: sue AbtbehO TRADING CINE fore Julge Alan 4. Hebi complaint Dismissed)
Shanghai, Dec. 30.
The American Trading" Compa ney defendants in the action bro by hr ALA. Vinckourott united. States Court for China for alleged breach of contract for failure {to deliver cocoa butter sold to plaintulf jond to be shipped from Rotterdan, were upheld as being without foul. for cancelling shipments in view of the hostilities then raging round Shanghai.
Dismissing the complaint, Judge Milton J. Hel ick, gave the! following opinion—"Inthe opinion of the Court the defendant was without fault in can-felling shipments for plaintimy which had not already left Rotterdam, in view of the hostilities which were then raging within and around Shanghai. The. plainti's neglect or inability to pass Customs on the shipment which did arrive in Shanghai twas a breach of the contract on his part, and the Court thinks the defendant was relieved of any duty. to [bring on the rest of plaintiffs order, especially by the burdensome method of trans-shipment from Hongkong.
Text read from the printed page and cleaned; old type leaves the occasional error.