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United States Court Of Claims : In the Court of Claims of the United States. China and Japan Trading Company, Limited, Vs. the United States. No. 30,251. Brief for Claimant. Crammond Kennedy, Attorney for Claimant, Bond Building, Washington, D. C. Frank C. Partridge, William E. Chandler

Court of Claims, 1910

Title from cover. Pages 357-568, grey wrappers, very good. Scarce. "The claimant is an American merchant engaged since 1847 in trade with China, conducted through claimant's branch in Shanghai. The Boxer Outbreak in 1900-1901 inflicted upon claimant very heavy losses and damages. These were suffered chiefly in respect to 81,408 bales of cotton piece goods, which at the time of the outbreak were the property of claimant and were in Shanghai, or on the way to that port, or awaiting shipment to Shanghai, having been manufactured under claimant's orders expressly for its North China trade. These goods were of the value of $3,610,591.51. A portion of these losses was allowed to claimant by the American Commissioners, and the Department of State, the remainder being then disallowed, not because the reality or the amount of the losses was at all questioned, but because an erroneous rule of damages was applied. The Claimant comes to this Court under the joint resolution of Congress, May 25, 1908. The detailed facts follow. There is not material conflict of evidence. " Table of contents: STATEMENT OF FACTS: 1) The Chinese Market for Cotton Goods. 2) The Claimant's Cotton Goods Trade in China; Chops and Other Peculiar Requirements, The Steadiness and Growth of the Trade. 3) The Boxer Outbreak. The Injury to Foreign Merchants and Foreign Goods. 4) The Boxer Disturbance Embargoed the Claimant's Goods. The Nature of the Embargo. 5) The Length of the Embargo. The Beginning. The End of the Embargo. Normal Length of Storage. 6) The Claimant's Business was not Speculative but was Steady and Reliable. 7) The Stock of Goods on Hand did not Exceed the Normal Demands of Trade. 8) Efforts to Reduce Damages. There were no Other Markets Available, Foreign or Domestic, for the Claimant's Goods. 9) Interest Item. 10) Depreciation Item. The Correctness of the Depreciation Item. Effect of Chops on Prices. 11) Allowance to Chinese Merchants. 12. Additional Items. Correction of Original Items under Amendment to Petition. Loss of Office Expenses. Loss of Business Profits. 13. Summary of Claim. ARGUMENT. 1) China's Responsibility. 2) Rule of Damages. 3) This Full and Substantial Compensation Should Be Made Upon Equitable Principles. 4). The Principles of Law and Justice Required Congress to Prescribe an Equitable Rule of Damages. 5) Speculative Claims or Elements of Damages. 6) Report of the Committee on Indemnities. 7). There Is no Basis for Discrimination against the Claimant because it Owned the Goods as a Merchant and had no Existing Contract for Their Sale. Uncertainty which Affects merely the Measure or Extent of the Injury Suffered Affords no Reason for not Awarding Damages. 8) The Claimant is Entitled to Its Interest Item as an Extraordinary Carrying Charge. 9) Claimant is Entitled to Reimbursement for Its Proven Losses under the Depreciation Item. Figuring Depreciation on Basis of Inventory May 1, 1901. 10) Claimant is Entitled to Recover the Amount of the Allowances It Made to Chinese Merchants. 11) Claimant is Entitled to Recover for Its Loss of Office Expenses. 12) Claimant is Entitled to Recover for Its Loss of Profits. 13) The Claimant is Entitled to Interest on Its Proven Losses at 7 per cent, from May 1, 1901. When Foreign Rate of Interest Allowed. The Rate of Interest on Commercial Claims Payable Out of the Chinese Indemnity, 1900, ahs been Fixed at 7 percent. 14) Limitation of the Amount Recoverable. Tables: Exports to China American Cotton Piece Goods at Intervals 10 Years. Deliveries American Cotton Piece Goods out of Shanghai. Export American Cotton Piece Goods from United States to Shanghai, and Claimant's Share in Business. Prospective Shortage at Shanghai May 30, 1900., Very Good

First Edition

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