Post by nzbc on Mar 8, 2017 20:48:33 GMT 12
SUPREME COURT.
WANGANUI SESSIONS. his Honor Mr Justice Chapman.) YESTERDAY AFTERNOON. The Court continued its sittings after .ve went to press yesterday afternoon. OFFICIAL ASSIGNEE v. GOLDINGHAM AND BECKTTT. A CHINESE BANKRUPTCY CASE. The next case taken, the Official Asiignec v. Goldingham and Beckett, was ;he outcome of a bankruptcy by Ah vVali, v Chinese fruiterer, of eilding. Mr Hutton appeared for the plaintiff, md Mr Cook, of Palmerston, for the defendants. It was alleged that the defendant company during the year 1911 wrongfully converted to its use the stock of the'busiless of Ah Walt, then a fruiterer at Peilding, such stock being of the value if £2BO, and thereby destroyed the good■vill of the business of the said Ah Wall, valued at .£IOO. The plaintiff claimed the sum of £3BO damages. Mr Bing acted as interpreter for the three Chinees witnesses.
All Ying, a slightly-built 'Chinaman, jiving his age as 21 years, said he had ;aken over the management of Ah Wall’s business after one Ah Clung, who had been ilaced in charge by Ah Wall, had given up the situation. In the course of lengthy ividonce, Ah Ying described how the Irm’s traveller, Mr Laing Meason, had sailed repeatedly for money in settlement if the lirm’s acount, but had not been paid. On the last occasion witness told him that he could “do what he could,” as he (witness) had no money. The traveller lame back in an hour’s time and comuenced to pack the stock into boxes. So witness put on his hat to go out and find i countryman, in order to get an exilanation from the traveller as to why !0 had packed up the goods. The traveller saw him, and would not let him go until he had signed a paper. Witness was :old there would be no harm fo himself n signing the paper. Witness did not ugn it willingly, but tried to get out if it. The traveller had taken the goods way before witness got back to the shop, there was a little over .£2OO worth of dock in the shop. The goods taken were groceries, tobacco, confectionery, and Chinese silk. There was about £3 in the ;ill, the traveller putting the cash in his locket. Witness saw him through the 'lass door doing it. There was a little noney at the bank. The traveller found lie cheque book, and got witness to sign lis name. No amount was then filled in. Vs to the payment of wages, there was to arrangement, witness drawing only ■.mall lots every week—sometimes £1 and sometimes 10s. Ah Ting maintained that lie trveller had taken goods which had lot come from his firm, and that he had lacked up nearly everything worth taking. Witness guessed the stock was worth £2OO.
Ah Clung, cousin of Ah Wah, explained hat'be had taken over the management of ■he business while Ah Wah went to China or a few months. Business did not prosier. and witness wrote to Ah Wah and aid he would have to get somebody else, le got Ah Ying. Ah Ching said he did lot get any'wages. When Ah Wah went lome ho paid his fare, took £6O or ,£7O vith him, and £2O as pocket monev. He piessed the stock was worth £2OO.
Ah Wah said ho had been eight years n Now Zealand. When ho left last April ie owed £3OO, and his stoex was valued it £270 or £2BO. He made enough to lay expenses and keep his house going. Both preceding witnesses had been hrewdly cross-examined by Mr Cook as o their relationship with Loong Kee .and L'ong Tao Chong, of Wellington, and as o the payment of moneys to the Welington firm. Counsel’s pertinacity, and vitness’s no less evasive answers, had 'aused some amusement. The desired answers were at length obtained. Mr Cook; What was the name of this •Vellmgton firm which was takine all the irofits?—Ah Wah Quong Tae Chong. Who is Loong KeeP—Quoug Tao"ciiong s a partner in his firm. Who is your father?-—Loong Kee. And Quong Tae Chong is manager of he firm?— Yes. Did you owe him; anything when you went to China?— About £29. When did you come back to New Zoauid?—About April this year. Did you go to Fcilding’?— Yes. And you found there was not a business? —I found all the stock packed up in the ■■toreroom at the back, and some lollies on he floor. I packed them up and put them n the storeroom.
What was the value of the stock there? —About - .£3O cost price. What did you do with it?—lt is still here now.
Oh ! When you went to Palmerston why lid you not sec Mr GoldinghamP—-A lawyer told me not to mind.
Did he issue a summons against you on ichalf of the Hawke’s Hay Fruit Comany?—Yes,
And ho made yon bankrupt?—l was not villing to go into bankruptcy. Did you not offer to pay your creditors? -I was quite willing to pay, but since oming back from China there was no noncy.
This closed the case for the plaintiff. After outlining the case for the defence, ■lr Cook called Gregor Malcolm Laing Vleason, of the firm of Goldingham anil lackett, whose evidence was a flat conradicton of Ah Ying’s testimony as to vhat took place in the shop. Ah Ying aid ho was tired of being pressed for noncy and that he was tired of the busiless, and the firm conid do what they iked with the stock. . Witness wrote out in order, which he was sure Ah Ying mderstoed. Ah Ying signed it “Sira Lum Lee” (a previous, owner of the store), and it witness’ request added “Ah Ying.” Chen witness got a storeman and racked ip the goods, confining himself to goods obtained from his firm. Witness asked f there was any money in the bank, and illod in a cheque, for 32s, 1 which Ah Ying ■lia'uod. A good deal of stock was left. Yhen the stock was taken ho thought his irm was probably the only creditor. Witless still thought that the hulk of the iroceeds from his firm’s goods wont to monrr Kee in Wellington. Witness rcnoved the silk, and got another Chinaman in the town to take it over.
To Mr Hutton: He did not take money nit of the till. Witness repudiated • any suggestion that he overawed the Chinanan. The Chinaman was quite agreeable. Vh Ying, he considered, spoke English much better than most Chinamen. He vas a very smart young man, more capable 'han Ah Ching. Before the defence called any more witnesses, his Honor said ho did not think
lie could ignore the evidence of Meason. It was certainly a contradiction to that of Ah Ying. In regard to the sign;.-I document, it seemed rather a strong thing even for a young man to say that he signed a thing which ho did not understand because lie feared a European, it was in the centre of a civilised town, and he could have invoked police aid. Mr Hutton said he appreciated the position. His Honor repeated that he must regard it as a conflict of evidence, and that of Measoa could not be ignored. The whole position was very suspicious. The Chinaman who undertook the store was a very respectable man who said lie was just able to make a living and keep his house going. But he had seriously impaired his finances by drawing TOO. Evidently ho was a trader who understood his business. Immediately he left, the business began to go down, llow they continued to trade he did not know. Laing Meason repeatedly asked lor money, and his and Ah Ying’s evidence came curiously near in the last expression, “Do what he could,” and “Do wliat you like wiili the stock.” There was a very important difference, but a remarkable resemblance. But this time Laing Meason saw the way the account was going, and lie was determined to get payment. Whether his method amounted to fraudulent preference he could not say, as it was not being considered. As to the suggested want of consent, there was the sworn evidence of Laing Meason against that of the Chinaman. As to the want of authority, the only way he could look at it was that Ah Wah, had put in Ah Chiug as the best ho could get. For some reason or other, Ah Citing did not continue the management. Business was running down, so he appointed a manager, and he must be looked upon as having authority. His Honor did not sec how tlie authority could he limited. He had very little doubt hut that the failure of the business was due to the absence of the personality and magnetism of the owner. Ho could not ignore the curious features of the inter-relationship and the sending of the money to Wellington. It was concealed from Laing Meason that there were other creditors. Trouble might have been saved if bankruptcy proceedings had been taken in time. Mr Hutton: Had Ah Wah not been absent from New Zealand.
Mr Cook: Had Goldingham not boon excluded from tlie meeting of creditors. His Honor said judgment would be given for defendants, with costs on the amount claimed, witnesses’, agents’, and other expenses. The Court then adjourned until this morning
WANGANUI HERALD, VOLUME XLVII, ISSUE 13850, 7 DECEMBER 1912 paperspast.natlib.govt.nz/newspapers/WH19121207.2.5?query=ching%20chong%20wanganui
WANGANUI SESSIONS. his Honor Mr Justice Chapman.) YESTERDAY AFTERNOON. The Court continued its sittings after .ve went to press yesterday afternoon. OFFICIAL ASSIGNEE v. GOLDINGHAM AND BECKTTT. A CHINESE BANKRUPTCY CASE. The next case taken, the Official Asiignec v. Goldingham and Beckett, was ;he outcome of a bankruptcy by Ah vVali, v Chinese fruiterer, of eilding. Mr Hutton appeared for the plaintiff, md Mr Cook, of Palmerston, for the defendants. It was alleged that the defendant company during the year 1911 wrongfully converted to its use the stock of the'busiless of Ah Walt, then a fruiterer at Peilding, such stock being of the value if £2BO, and thereby destroyed the good■vill of the business of the said Ah Wall, valued at .£IOO. The plaintiff claimed the sum of £3BO damages. Mr Bing acted as interpreter for the three Chinees witnesses.
All Ying, a slightly-built 'Chinaman, jiving his age as 21 years, said he had ;aken over the management of Ah Wall’s business after one Ah Clung, who had been ilaced in charge by Ah Wall, had given up the situation. In the course of lengthy ividonce, Ah Ying described how the Irm’s traveller, Mr Laing Meason, had sailed repeatedly for money in settlement if the lirm’s acount, but had not been paid. On the last occasion witness told him that he could “do what he could,” as he (witness) had no money. The traveller lame back in an hour’s time and comuenced to pack the stock into boxes. So witness put on his hat to go out and find i countryman, in order to get an exilanation from the traveller as to why !0 had packed up the goods. The traveller saw him, and would not let him go until he had signed a paper. Witness was :old there would be no harm fo himself n signing the paper. Witness did not ugn it willingly, but tried to get out if it. The traveller had taken the goods way before witness got back to the shop, there was a little over .£2OO worth of dock in the shop. The goods taken were groceries, tobacco, confectionery, and Chinese silk. There was about £3 in the ;ill, the traveller putting the cash in his locket. Witness saw him through the 'lass door doing it. There was a little noney at the bank. The traveller found lie cheque book, and got witness to sign lis name. No amount was then filled in. Vs to the payment of wages, there was to arrangement, witness drawing only ■.mall lots every week—sometimes £1 and sometimes 10s. Ah Ting maintained that lie trveller had taken goods which had lot come from his firm, and that he had lacked up nearly everything worth taking. Witness guessed the stock was worth £2OO.
Ah Clung, cousin of Ah Wah, explained hat'be had taken over the management of ■he business while Ah Wah went to China or a few months. Business did not prosier. and witness wrote to Ah Wah and aid he would have to get somebody else, le got Ah Ying. Ah Ching said he did lot get any'wages. When Ah Wah went lome ho paid his fare, took £6O or ,£7O vith him, and £2O as pocket monev. He piessed the stock was worth £2OO.
Ah Wah said ho had been eight years n Now Zealand. When ho left last April ie owed £3OO, and his stoex was valued it £270 or £2BO. He made enough to lay expenses and keep his house going. Both preceding witnesses had been hrewdly cross-examined by Mr Cook as o their relationship with Loong Kee .and L'ong Tao Chong, of Wellington, and as o the payment of moneys to the Welington firm. Counsel’s pertinacity, and vitness’s no less evasive answers, had 'aused some amusement. The desired answers were at length obtained. Mr Cook; What was the name of this •Vellmgton firm which was takine all the irofits?—Ah Wah Quong Tae Chong. Who is Loong KeeP—Quoug Tao"ciiong s a partner in his firm. Who is your father?-—Loong Kee. And Quong Tae Chong is manager of he firm?— Yes. Did you owe him; anything when you went to China?— About £29. When did you come back to New Zoauid?—About April this year. Did you go to Fcilding’?— Yes. And you found there was not a business? —I found all the stock packed up in the ■■toreroom at the back, and some lollies on he floor. I packed them up and put them n the storeroom.
What was the value of the stock there? —About - .£3O cost price. What did you do with it?—lt is still here now.
Oh ! When you went to Palmerston why lid you not sec Mr GoldinghamP—-A lawyer told me not to mind.
Did he issue a summons against you on ichalf of the Hawke’s Hay Fruit Comany?—Yes,
And ho made yon bankrupt?—l was not villing to go into bankruptcy. Did you not offer to pay your creditors? -I was quite willing to pay, but since oming back from China there was no noncy.
This closed the case for the plaintiff. After outlining the case for the defence, ■lr Cook called Gregor Malcolm Laing Vleason, of the firm of Goldingham anil lackett, whose evidence was a flat conradicton of Ah Ying’s testimony as to vhat took place in the shop. Ah Ying aid ho was tired of being pressed for noncy and that he was tired of the busiless, and the firm conid do what they iked with the stock. . Witness wrote out in order, which he was sure Ah Ying mderstoed. Ah Ying signed it “Sira Lum Lee” (a previous, owner of the store), and it witness’ request added “Ah Ying.” Chen witness got a storeman and racked ip the goods, confining himself to goods obtained from his firm. Witness asked f there was any money in the bank, and illod in a cheque, for 32s, 1 which Ah Ying ■lia'uod. A good deal of stock was left. Yhen the stock was taken ho thought his irm was probably the only creditor. Witless still thought that the hulk of the iroceeds from his firm’s goods wont to monrr Kee in Wellington. Witness rcnoved the silk, and got another Chinaman in the town to take it over.
To Mr Hutton: He did not take money nit of the till. Witness repudiated • any suggestion that he overawed the Chinanan. The Chinaman was quite agreeable. Vh Ying, he considered, spoke English much better than most Chinamen. He vas a very smart young man, more capable 'han Ah Ching. Before the defence called any more witnesses, his Honor said ho did not think
lie could ignore the evidence of Meason. It was certainly a contradiction to that of Ah Ying. In regard to the sign;.-I document, it seemed rather a strong thing even for a young man to say that he signed a thing which ho did not understand because lie feared a European, it was in the centre of a civilised town, and he could have invoked police aid. Mr Hutton said he appreciated the position. His Honor repeated that he must regard it as a conflict of evidence, and that of Measoa could not be ignored. The whole position was very suspicious. The Chinaman who undertook the store was a very respectable man who said lie was just able to make a living and keep his house going. But he had seriously impaired his finances by drawing TOO. Evidently ho was a trader who understood his business. Immediately he left, the business began to go down, llow they continued to trade he did not know. Laing Meason repeatedly asked lor money, and his and Ah Ying’s evidence came curiously near in the last expression, “Do what he could,” and “Do wliat you like wiili the stock.” There was a very important difference, but a remarkable resemblance. But this time Laing Meason saw the way the account was going, and lie was determined to get payment. Whether his method amounted to fraudulent preference he could not say, as it was not being considered. As to the suggested want of consent, there was the sworn evidence of Laing Meason against that of the Chinaman. As to the want of authority, the only way he could look at it was that Ah Wah, had put in Ah Chiug as the best ho could get. For some reason or other, Ah Citing did not continue the management. Business was running down, so he appointed a manager, and he must be looked upon as having authority. His Honor did not sec how tlie authority could he limited. He had very little doubt hut that the failure of the business was due to the absence of the personality and magnetism of the owner. Ho could not ignore the curious features of the inter-relationship and the sending of the money to Wellington. It was concealed from Laing Meason that there were other creditors. Trouble might have been saved if bankruptcy proceedings had been taken in time. Mr Hutton: Had Ah Wah not been absent from New Zealand.
Mr Cook: Had Goldingham not boon excluded from tlie meeting of creditors. His Honor said judgment would be given for defendants, with costs on the amount claimed, witnesses’, agents’, and other expenses. The Court then adjourned until this morning
WANGANUI HERALD, VOLUME XLVII, ISSUE 13850, 7 DECEMBER 1912 paperspast.natlib.govt.nz/newspapers/WH19121207.2.5?query=ching%20chong%20wanganui