The Archive · 1928

COLGATE CE. v, CHINA CHEMICAL, WORKS

The ease of Colgate & Ca. against the China Chemical Works came up the Provisional Court recently before Judge Ying and Mr. Meinhardt, American Deputy. Messrs. Krisel & Krisel appeared for Colgate & Ca; and Messrs. Feng, Kiang, Woo and Yuan for the China emieal Works, Tt will be recalled that, this ooze was first brought in 1926, Mixed Court and, due to the fact that that court was randited on January 1, 1927, before a decision was rendered, it became necessary to re-try the case, This was done and the decision of Judge Kao was given yesterday, but was read in curt by Judge Ying, awarding the plaintiffs, Colgate &' Ca,, damages in the aum of Tis, 1,000.

Mr, Meinhardt, the Deputy, stated that while he concurred with Judge Kao in not allowing damages in respect of items for expenses of the local agent and legal expenses he was constrained to feel that the damages actually awarded were inadequate ax the claim was based on figures of defendant's sales ax supplied by defendants themselves. He could not point this out to Judge Ying as Judge Ying did not try the cease, and if they were to disagree the case would necessarily have to be tried de novo. In view of the fact that the case has been pending for so long, he accordingly concurrer in the judgment with the reserva-Vion that the damages awarded were, in his opinion, inadequate.

Mr, A. Krisel, on behalf of Colgate & Ca, stated that as the decision of Judge Kao had not been read in full by Judge Ying he de sired an opportunity to obtain 2 copy of the complete decision before deciding whether or not to appeal.

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

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