Saturday, continued his cross-examination of plaintiff, questioning him as to his acceptance of the valuation put upon the concern. Kwauk said that he looked at the valuation, but did not make any inquiries, He trusted Mr. Haynes and left the matter in the hands of his manager.
Counsel—You never made any complaint about the capacity of the plant until the statement of claim was made out?—No.
Nor as to the alleged bad debts, and the outstanding deposits?—No. The shroff engaged by Mr. Haynes absconded.
Mr. MacDonald—That may be very interesting, but it has nothing to do with this case.
Questioned with regard to the trade mark, witness said he understood that registration with the Customs protected him from any charge of infringement, 2 Counsel—Don't you know that the Customs simply give you a receipt as a matter of record, and that it confers no right at all? There is nothing to prevent any number of people registering exactly the same trade mark in coleurable imitation of anything they like.
His Lordship—What was the basis of the action started in the Mixed Court on this question?
Counsel—That is what I am waiting to hear. (To witness)~You say that defendant falsely and fraudul ently represented that this trade mark had been registered with the Customs—Yes.
And that by means of such false and fraudulent representation he induced you to use the trade mark, whereby you suffered damage?—Yes.
If it had been registered you would have suffered exactly the same damage, would you not?—How could I?
The same action would have been brought by A. S, Watson & Ca. of Hongkong?—I_ should have been able to defend it by saying the trade mark had been registered. I compromised because I found it had not been registered.
Since you took over the business, it has been very successful?—Yes, very good.
Would you sell it back to Mr. Haynes for $95,000?—I have put in more capital, and new machinery.
Supposing you had put in an additional $50,000, would you prepared to sell for $145,0007—It is within my power.
The question was repeated and the same answer given, whereupon counsel observed: We will leave it at that. The witness is obviously disinclined to answer.
The business is expanding and getting more successful every day, counsel suggested. You got a very good bargain when you bought it? ~—I have got an efficient manager.
It was an excellent bargain at $95,0007—No, it cannot be considered cheap.
Counsel further cross-examined to show that the motor-car and other equipment alleged to have been considerably over-valued, and which he had to sell at a loss, had been
Text read from the printed page and cleaned; old type leaves the occasional error.