The Archive · 1928

PROVISIONAL couRT

CLAIM AGAINST A GERMAN: — FIRM

In "the Shanghai Provisional Court, last Friday morning, before Judge John C. H, Wu, a claim by 'A: Sator,-a Pole, against Messrs. Siemssen' & Co.,'a German firm, was heard. Plaintiff claimed Tls. 11,000 in respect of alleged commissions due on machinery which lih stated he had sold for the defendant firm in 1925 while he was in charge of the machinery department of the firm, Dr, H, Wilhelm appeared for plaintiff and Dr, W. Vogel repre-vented the defendant firm.

Plaintiff testified that according' to a contract entered into with the company, he was entitled to. 10 er cent, of the profits of the busi-nets secured by. him and 20 per cent, if the profits exceeded $50,000, Tu two transactions alone with Chinese, the profits exceeded $20,- 000, "He had' pressed for an acy counting but the firm had refused.

The Court ordered an adjourn-mont in order that an. accounting ould be made and that the books of the firm could be gone into, to determine the company's profits in the machinery department in 1926.

Dr. Vogel said that Siémasen Go. had, in June, 1925, count made up—from their Books by Messrs, Seth, Mancell MeLure, chartered" accountants and' official accountants of the former Mixed Court. The statement of these accountants, which was handed over to the Court, showed an amount of about Tls. 2,149, to the plaintitt for commission, which Messrs, Siemssen & Ca. had offered to pay, but which the plaintiff had. refused, claiming about Tis, 14,000 instead, The question of an accountant was then brought up and the Judge remarked that accountants nations enjoying extraterritorial rights should not be appointed in purely "Chinese cases or in eases which concerned the affairs firma. or individuals belonging to countries which did not enjoy such rights, "Chinese accountants, said Judge Wu, were quite as good a British accountants. He would, therefore, mako a ruling Which would be identical to. the recent decision of the judges to allow no foreign lawyers who enjoyed extraterritorial night to appear in purely. Chinese eases: those who wore subject to the jurisdiction of the Court, however, could appear, even if they were foreigners.

There was further argument, which was brought to an end when Judge Wu appointed Mr. G. Schink, German accountant, to go into the matter.

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

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