No, 8597-MAY 27, 1800.1
2. That the Dofondant, în ei lisz;ivent! may be ordered and drences to my to Plaintiff interens on the said snur of 810,500 from the lat day of July 183 at the rate of 7 per centius per änatud,
That the Plaintiff may have his costs of
of the case may require
The answer was as follows cen.
1. The defendant admits the 1st, 2nd, |- and 3rd paragraphs of the plaintiff a peti
tion.
2. In auswer to the 4th pamgraph of the
Jows
defendant entered into fresh terms of au agreement for delivery of the said cares As in the 4th paragraph mentioned, on the condition that on or before delivery of the said shares all formalities necessary to enable the Company to carry on business in the Philippine Islands bould have been complied with, and that the plaintill should
оп
the
come
Yours truly, DOWN. MODY,
0. L. Gonuau, Esq
To this Mr Gurham replied as follows Hongkong. Jan. 8th, 1890.
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from the places, railway stati patched inded
You were absent from the Colony on the purchased and the plaintiff was simply The plaintif had made no proper effort to His Lordship, ingiving judgment, suidhich ware frat seon-day-light. What
FEKING. Bist ultimo, and your broker was asked, to carrying them over for the defendant's complete his part of die contract so far. This is a claim for repayment of mories measures were taken and when to avoid take up the shares on that date, whose convenience. There was so dato aptoified jos, tendering the shares was concern alleged to have been popsid in respect of the collision-The defendant and his Thoir Majesties have sanctioned the reply was that lie had no instructions from Fon the new contract for the delivery of ed. He die not even send to or inquire, the hire of the defendant's 8.8. femptos crew were not aware that a qullision applications of Princon Chun and the Boarde põue Asiát
pa bhese shares it all. The date mentioned at the office where Mr Gurkan would and of charges connected with the shorter, 'ever took place between his junk and the of Defatico and War to sand: fone mice "I mať now request you again to take up in it, als December, had reference solely be friend if he was in the colony and whore The plaint fi admittedly entitled to Pollin. The parts of each vesas which indents for three years to Europe to study these shares and thereby avoid any auto the period for which Me Mody he could have got information to to his 8304.00 in respect of matters, alleged in first came into contact right side of the military and naval enatters abroad. The... pleasantness between us
would carry the sharen, and Mr Gorham whereabouts, and where there was a rea paragraph 6 of the petition, and of the Sun Hing junk and the port of the Pollux Teung-li Yaman has been ordered to pay reserved to himself full liberty to take ponsiblo person who might have taken the amount $203.12 has been brought into near the bow. What fault or default if any their expansis, which will amount to bles them to himself, full and Mr Gorhant could have in the colpy. them up at any time prior to that shares on bir, Gorliam'a babéif.
Court, leaving 8101:57 due. The plaintif is attributed to the other Probably the 200 and incidentals, date. It was Me Gugliam's duty when His Lordship And pay for them is further entitled, in my opinion, to 6118 damage to the Pallaz was caused by collision
pla8118 datusga
There are numerous tumours in the sir he felt the dolony to make some proper Loach said he was not instructed on over and above the $140 paid into Court in with some other best about big loans for vacions purposes, but arrangement for having these shares taken that pointed or respect of the coals, and water required for these shares M Loach said pay them I Court loving $101
odbe Mr Leach said he did not know whether it is impossible to find out how much of ap during business hours on the 31st De OD. Gorham, the defendant, said I am the use of the Captain and crew. In the defendant's preliminary act was scant the gosip in irne. However, there is no My dear Mody-In reply to your note cember, and it was nao his duty to coma clerk in the Pacific Mail Steamship Co's arriving at this amount I allow tone of seriously or in a joke. He briefly explained doubt that something very big in the said petition the defendant ways as fol of yesterday's date in which you demand municats the foot of his return to Bir Mody Odice. : Van Buren is a fellow-clerk in coal per month and assess the value of the the plaintiff's case, and the following erid- Guancial way, is about to take pale before iny reason for not taking up the 100 immediately. As to the other point the the same offre I wrote the latter of lat water in accordance with Captain Ander enca was given in longan igaroke Pines belang. *** That, un or sent the 1st of July-1589, Brown's Shares, I beg to say that I have no plaintif had completely satisfied, the tenns | Jaly put in. In consequenon of certain re- con's evidence. The matters of claim in Heury Balmers-I am the captain of the The two fra engines recently set up the plaintiff having filled to deliver the objectina to stating some of them although of the contract, the company boing duly ports. I had heard I went fu su Mr Mody the 7th and 8th paragraphs of the petition Follum, a vessel of about 806 tons. On the from Shanghai, by order of Li Bung alany, shares in accordance said they are well known to you,
registerad in Madrid on the th Novembor, the day after that. Movers Mody and were withdrawn on the hearing, except as 25th February my ship was at anchor on for H.M. the Empress, Dowager, hava of the 13th Star with the gain contract objectina to stating some of that hava no plan As to the other Mody Odice Facilie Mail Steamship Com the use of the and water required for with some other best as caused by collision00 and incidentals, amount to Fles
plaintiff nud In the first place une contract expired that was to say it was registered as a com- Chater were present.
it.
to $120 paid into Court. The claim in the the south side of the North Fairway arrived, and have given preat satisfaction defendant arch 1880, the contractecting state to my that I
on the 30th June, and on that day I pay hot to entry on business in Spain
Mr Lauch-What was the conversation 11th paragraph must be totally disallowed, abreast of the Harbour Master's office to Prince Chun, who saw them tried: They demanded the shares which you could not scif but in the Philippines, the business that took place between you and Me Mody as the defendants in stopning the discharge The wind was a little North of East, blow-cost about X) 1,100 each. Shanghat hand von Jale Il a ante in which the company had in vider and which Bir Francis objected in the question, as were within their right under the chartering a fresh breeze. The tide wes from the Mercury.
Then I wrote you on July a both parties had before their minds when the whole attract was contained in the party so long se any of the charter money East. We were lying with our head to the
Weeze which I intended to convey the fact that they entered into this contract.
letterstract
remained unpaid. There remains only the Bast. We were taking cargo in, a three- did not intend to hold you sowerable for hoeridence of Emilio: Ramirez d'Arol- Lordsat admitted the evidence.claim arising from the failure to maintain masted junk (the defendant's) brought us THE FRAUD ON THE BANK OF your failure to deliver and that you might Juno, taken on the commission, was then
Bxamination continued I told Mr Mody: the contract rate of speed, riz. 10 to 11 Enota the last part of our cargo. The junk came
BENGAL consider the transaction finished. A day read. The witness stated that so far as the was ready to take delivery of the on a consumption of 21 tons of coal alongside a little before 3 p... Her onm
The Statesman of India of 1st last, calisis the defendant thereof. three hd to be
For two after 1 Iosrael greatly to my sur Spanish law was concerned the company serij. He said he could not deliver it then per diem; such rate being quaranteed bet was S: 204 H. After six o'clock the anys
S: 294 EL. After six o'clock the mysteriod on Tuesday Inst Za. The objects of the said Company, prise that, you and your partner lind not wrs fully and properly registered in the ns the scrip was not issued, and certain only if Cardif coat were supplied. chief mato Julius Hecht, was on watch. I
ena?
A warrant was Za The object of the said Company, only misconstrued my note but had shown Philippines. In Madrid it has not regis formalities had to bo gene through first. I The vessel broke down near Adenon was on deck at the time of collision which for the arrest of Elian H. Solomon, su according to the Memorandtion of Association as proof that I intended tion are (amongst all or things) to party on tend the contract until such time a Madrid, but there was nothing more to be named as the time of delivery under a new under ropairs Frank June 10th to August Jet, but dark. We had one riding lights, alleged that he has committed an extensive
is Us others as proof that I intended to extored. It could not carry on business in pinposed then that Stet Lecember be the 4th June, 1888, and lay in Aten occurred at 8.30. It was a starlight night assistant to Messrs Gabbay Co attend from the business of timber merchants at convenient for you to deliver. Then I due at Madrid to enable it to carry em contract. Me Mody refused to agree to Iam autinned th tat Aden she was applied When I heard the junk letting go the rope fraud upon the Bank of Bengal from which Languitianes in the gold Islands,
called at your lies to explain personally that business in the Philippines.
this. I then said good morning. He with Cardiff coal of suficiently good quality. I went on deck and saw the junk slucking he received all advance upeas 3. In order that the said Company could I had vo intention of carrying the contract
Sappier George David Scott said-In a shore said 'see tutor. I said No, have not but on her voyaga theilce to Singapore her the bow rope Her stern was free. The falsa purchase order of opium. For somo legally do busins in the said lands flie farther, and, napon azo aware; through the broker, partner in the Gra of Lightwood hing to do with Ble Chater. Then Mr speed was considerably below that con- junk was near the stern of the time past he has dealt with the Buch, 20 registration of the said Company in Mamla persuasions of your partner Ingreed to al-and Scott. The contract in question, for Chater naked what was the trouble, and I tested for owing to the fouling of her but slip when I fast saw her about 20 celving advances upon purchasce nt oplant. was necessary; ensh registration; was int low you to extend the time until the Slat O Brown shares to ho delivered on 30th told hisr, Me Chater-da, Oh, ertainly four, and from the evidence of the optein feet off the ship. Her bow was parallel The other dag ha callet at the Bank and effected until the 18th January 1890. Deo, but it was on condition that on that June, was ausde by our fan as brokers, I carry them till he and of December. Mrit appears that this fogling was due to her to the ship. Loading the same way presented an order which intimated that he never le 16 5th paragraph of the date your were required to furnish me with remonster seeing Mr Mudy on 31st Dec Moly told me not to mention to the other prolonged stay at Aden, the water at that. The junk had the mizzen-sail not all after was a purchaser at the Government of said petition, cho défendant Venios that the absolute proof that the formas of Spanish wat afput the shares. I know that the brokers that he was onrrying the stares port being specialty favourable to this soon. The junk took a sheer, towards us 200 63505 of opium, and to gunment sale at sait shares were tendered to his broken or law bad then been couplied with in respect defendant was ont of the Colony shrily over. The serip. was issued on 6th August, growth of barnacles. I am asked to read sud ran into our part quarter about 20 feet advance. It afterwards t
sked to read all not all after presented
transpired that he Agents on the 31st December last. The to registration,butore that date, and I had not heard of his and he wrote telling me he was carrying into the guaranty of speed a concision that from the stern,fuaking a large hols. I ron had only patrofiased 20 caspired th
Iron 25 opium defendant had no brokers or agents in the This your did ant do then, nor have yon return. The Brown shares were offered over the stages. I had been told that the the ship's botton stond to clean, but in forward when I saw her making a sheer bed altered the deurée. Solomon grass and
Thin you did not defendant said transaction. The defendant was in the done it since you did not even tender to us, bit
WAS Fest, declined to take them as we strip was issued on registration in Mails the face of the charge party I do it think towards us. I wanted to let go the bowed yesterday by Inmiactar-red of tho
issued on registration in I to nolony on the 31st December leat and the the the stores until late in this afternoon had no instructions. On 3rd January I but that final registration would be veces I can do so. The parties there provide topo, the junk's ropo, which was fast and Talian theons, While, caking his escape said shares pero act tendered to him antil of the Gt inst. You bay in your note 1 told the defendant what had taken place sary at Madrid had no entupnication that the steamer was to be darked unil to the anchor chain in the water, but from Calouttes in a bout du vill more the 0th January following:
was absent from the Colony on the 31st with referees to the shares between Me with Mr Medp about the mater between cleaned, whenever required as the owner's I sauld not get it clear. The collision probably he placed on his trial before he 6. In answer to the Gili paragraph of the c'clock on that day, although I made grent was concerned the matter was finished, and Van Buren: had no authority to act for me be payable during the period of cleaning, forward. I attribute the collision to the rape
the slt It is true I did not arrive until 6 Mudy and us. He eald-so far as our firm the 28th August nad 31st December. It expense, and that no chattor money was to took place two or three minutes after I run chief prosidency sangintento this mornlag said petition the defendant denies that the busi-he I
The following additional particulars aro plaintiff has béon unable to sell or disposs
haste to get here and left unfinished busi- he would make all further strangements during my absence, but I wired him an to but that the clinterer should not oblige at the bow holding the junk and to the given in a subsequent-issue ress in order to do so I wired Me Vanhinaolf The
I wired Me Vanhimaolf, Thu par value of the shrce is my movements. I wired to him just before the steamer to go into dock offener than current. I could not soo what part of the of the said shares.
Burch when I was coming, and he answer 800. I think the highest quotation since leaving Haiphong for Hongkong. Tarrived once in six months during the chuirtor. I junk struck us. It must have been the matter, it has been ascertained that the Mr. Francis. continning, said the com- ed il enquirers, but you were not among the beginning of the year was $58.
must have been the On enquire abont 5.3. p.m. of all
the Siat. Nobody cannot see in this sny absoluta undertaking starboard bow. I saw the number of the forgery was in respect of passes showing By Me Leach-On 30th June I know the came to me from ble Mudy. I saw on the part of the charterer list the seael's jonk I recognized the junk next mire that there were 200 chests of opruim to the je sny absolula undertaking starboard bos. further enquiry in regard to this pany on whose formation this contract them, OR FANA
Awon piotically arose was formed in the early You say you tendered the shares to my shares had not been issued and that the Ble 3fody in the street on e 2nd bottom should be always clan. I think it ing by ber number. I saw her sterbrord prisoner's credit lying in the office of tho
iting part of last year to take over as a going brokor, but you know full well that greu contract had fallen through. I never took or ard of January. He did not speak merely means that he was to allow her to be anchor split. I anticed the junk bad still Board of Revenue, and that to priso concern the businean of H. G. Brown and emitting that brokers were concerted in for Mr Gorham any latter of sistment for to me, I saked. Mr Van Baron when docked cession and necessity should cargo on board but in the middle had, by means of these forged Ques Co., timbor merchants is the Philippines. the transation after the signing of the thus lines. To the beat of uns belief the I came back if anybody. Lad been in fuasonably demand, but could not insist it was all taken ont. Our corgements, obtained from time to The prospective recincă, in have been issued original contract they certainly had no con- contract was carried on after Sun Jino. quiring from Mr Mody, and he said uo: upon the charter being bang up for this was taken out of the middle. I sent my lakhs of rupere, if not more, time plavag Imsiodiately privately and the company was not re-cer in it after the 30th June. You not On 7th August I asked Me Mody shout Mr I made some inquiries about the company purpoas more than once in every six seennd Officer to fetch the faster the discovery was in into the shorte gistered until 16th May, fast. Before the only told them the matter was a private Gotham's shares, and he said the matter had on 2nd January. The company's soliciturs months. The Teased had been clanud in of the junk, One man maine. I asked if were commualeated will, and on the 2015 actual registration of the company this one between ourselves but you gave them boon aged and that the contract was could not tell me whether the company Feb. 8th, 1888, very shortly before the he was the master. He mid Ne, the Inspentor Jacob, being a Jew huselt WIN contract between the plaintiff and the de- to uderstand that I had taken up the being carried on. He did not say that Mr. had been registered in Madrid o no. 1 commencement of the chatur, and the muster is on shore. I went on shore in ere directed to watch his movements, but not fendant was entered into, and it was dated scrip when it was issued.
Gorhamn wanted to repudiate the contract, think there was a dividend paid on these last oppertunity for again decking her be the master. I saw himet Alaia, I wont from to arrest till a Tarrant was applied for and ordinary form 19th March and was in the ordinary form You know also that you folowed me out I had really nothing to do with the waiter shares in March. I received an account fore the breakdown was in the beginning of there with the captain sul a friend of his obtained. This was shots annisht of of a broker's note. The stare certificates of your office the day I called and requested after 30th June. I don't remember writing from Mr Mudy for these shares. I don't May, when she was at Singapore. It in Mesara Meichers and saw Mr Goormann. 20th ultime Mr Jacob accordingly watch in the company were not ready for issue
issue me not to mention to them anything to Mr Gorhan on 6th August. I have think the dividend had been paid at that not suggested that there was then any ne- I arrested the junk on the 26th February ed the accused till 10 o'clock the cert best until the 6th of August On June 29th about the extension of the contract but to looked for a letter of that dato, but I can time.
29about just the day before the shates ander the allow them to think I had taken up he not find it.
cosity or demand for docking, nor does it between 10 and 11 o'clock. By Me Francia-I don't know for what appear to me that the charterer could have
Cross-examined-In the afternoon of the the prisoner Be, however, prosecuted his morning, when he suddenly lost sight of contract ought to have been delivered, Mr shares. If you are puder the impression Mr Leach-Do you not remember writing perind the dividend was declared. I did then insisted upon its being done. Up to 25th the Surs Hing junk was the only jank search with vigor. All the ships, steaners Gorham wrote de Mr Moty stating that he that I had forgotten the terms. I can cusity letter on 6th August, asking Mr Gorham not write to Me Mody telling him I was leave the point of breakdown, therefore, the on the port side. There
to hores. If you
no junk in and smaller vessels in the river Ware boarded, wus prepared to take up thing I forender the impression was prepared to take up the shares as per texrind you of the reasons you then gave to let you know what data be had erringed ing the colony, I did not think I should be ressed had been decked and cleaned when- side. The funding wes going on after als telegrams were despatched to various
wishing it to get out that I was an up contract Mr.Mody replied on the same me for not wishing it to get out that I was to take up the 100 Brown shares from Bir cone so long. 1 did not write to Mr. Mody ever required, and after tie breakdown 'clock. The junk was fastened to us by places, railway stations guarded, and the
Mr. 1 day, stating that the shares, were not yet not taking delivery. You remember among Mody?
when I came back. I think I told him that, there was no opportunity of "docking and two ropes from the bow and two from the guardens in the suburbs soarched. While insued but would be in a few days at the other things you then tohl me, the bats to Was You, I liave a recollection of this date of the issue of serip being uncleaning until the retura to Singapore. stern. I did not see the ropes. When I a this was being done, Inspector Tacal latest, when latest, when they would be forwarded. On which you could put your money at that writing a laties in these terms. It was ro: certain, I might fit bejn fonda to take up The plaintiff had not in any way bryben. went forward before the collision I saw a heard that Bolomon was hiding in a garden.
ja 1st July Mr Gorham replied that he did not e
turned with a moto norse it in red ink to the shares when they were issued. I supany undertaking he had given, but on the rope fast to the anchor chain near the water house in Tifjulls (east suburbs of Calcutta), want in hold Me Mody responsible for the
this effect that the only contract he had was posod that the company must se registered other hand the defendants had promised a edge. I do sot know which archor it was, and thither he (tant suburbs of aloutta), Therefore you were fully awara the gen-
be fastened. Finding the gate non-crime non-delivery of the shares or to come Therefore you
gen for 34th June. I went to ask Mr Van in the Philippines and Madrid before the rate of speed which they were unable to
the Put I
Jalica Hecht, chief malicer, said he was on down on him. He and that in the eame tlemen in question were in no wise myor 3th June. circumstances he should look for a like egents in the matter, and that they had no Burun in Me Gorham's office during Mr shares coud be issued bere.
Buran in Mr Gorham's office during rahe
By the Court-I did not want these ted that they would have done so had it not on the port side and had one of her rope route garden and entering
provide, although is way readily be adait duty on deck. The junk was lying amidship secured from within, he sesled a wall, got
into the garden and euforing a room in generosity on Mr Mody's pit, and the salbority to not for me in sy way. They was sunning backs.. I went on the 30th Be- shares ur 31st December; If I had wanted been for the prolonged stay in Aden, made fast to the anchor chain. She let go in prayers. He at ones arrested and drave
any Gorham's abauncs what time Mr Gorham lotter concluded It might so happen showed their wisdom in iuforming you and coming Beshares un anchor too of her rope house therein found the prisoner ongeged lotter concluded: It might slapen in hos allowing you to shore off the shares stat I have no doubt he would bare told Mady on my return recollect Mr Gor: in the old onse of Parodi v Juur, Aleyn p. line about
It might so happen showed their wisdom in informing you and ember. If he expected him back on the them i should have communicated with Mr which they could not precent. I take all the other lines except the bow line on him off to the central police station in Lall that some day the position might be re-them
if the law in koch a case in he as ainted the anchor chain. She sacked this bow Bazar. A reward of its 5,000 in all, had is been for the arrest of versed Yar might have thates to hand-th
eye re-in hos nilo wi
ing. I also went to the cites either on the J. S. Van Buren-1 recollect Mr Gor in the old onse of Parodin v. Jane, Aleyn p. lins about 20 feet aft. She started to hoist we understand best offered for the rest of over when it would be, inconvenient for mo I pues over your tirent of unplea 3rd or 4th January. I daresay I had seen batu going away in December last, I guba 27- Where a party by his own contract up the main or furcanil. He believed she the prisoner. The announcement in the
I pass over your licent of unplea 3rd or 4th January, med to receive then Then would be your eantnees, it is no doubt unpleasant Mie Mody many times between these dates, telegram fecias him on the 28.1 etating that creates a duty or charge upon imself he is bad the mizzen sail up. Whether it was dsily papore that the prisoner would wo ham did not press mo, to deliver; I will not to the terms of your compact, and I regret him had voru back. I wrote in Mr Mody light. Dir Scott asked me on one oceaafont withstanding any accident by inevitable whether her helm was put the wrong way of inconveniently overcrowding the court- stance to get even. Yon would say-for- for you that I should venture to hold you I told him about Bril January 11at Me Gor: he would leave Haiphong next day at day-bound to make it good, if he may, not the wind that caught her foresail or bably be arraigned yesterday, had the reault
I come press him to take up. After this tirers that I must do so; but I believe I am not on 30th December about thoes shares when Mr Gorham was coming back, but as necessity because he might have provided she wont a little ahead and then turned efem in the Town Hall, a large couplingerie Remed to have leon some conversation be altogether solitary in the matter of mold Me Mody before that Me Gotham that time I did not know ifquiries wore against it by his contract. It is suggested round a little and ran into the Folie of the Jewish fincerity being anung the tween the parties and an arrangement was pleasantness, and I fail to cognise you so would not likely be back before 31st De unde at our office from Mr Mody on the that the failure to give the contract speed striking bor scar the atera
told Me 31ody-before- that Me when Mr Gorbats was comis neist withstanding any sccident by tay, not the wind that caught heres it ang daily papore that announcement in the come to by which Mr Gorham practically absolute diciators in the pairs of the comber, and he asked on to at it in writ 3 th or 31st so far as I remember.
ལས་
| number. At about a quarter to twelve by reason of an unusual growth of barnacles Cross-examined I called the captain n'clock the prisoner was brought in by M waived his objections for the non-delivery Colony.ENG
ing. That was why I wrote the chit.rc- Bir Francie said with referans to the on the abip's bottom is provided for nader after the collision took place. I went down Lamb, the superintendent of the division,
om is pro sharter Pecun of the scrip at the time. On the 6th of
Yours truly,
ferred to. I was sub acting for the partics question of damages the highest value of the general exception in the sharter party into his cabin and he asked me what was and safely lodged in the kejut. Tho rush Angus Mr Mody wrote the folowing
C. L. GORHAM,
then, but I was prepared to act. letter
the shares between the 31st December and offe and every other danger and secu. the matter and I said there had been a col then made to have a glimpse at him whe This concluded the correspondence be
W.il. Young, said I am a sharebroker the date of this action, 808 per share, would ent of the seas, but it seems to me that the
thelixion. with Mr Stokes. I compile be deducted from us total amcant, which fortuitous calamity ejusdem generis, os tiro, jars a
great, and sono difficulty was experienced Hongkong, Aug, 6th, 1389, tween the parties. Ho (Mr Francis) did not in partnership with Mr Stokes. compile be deducted from thus tatal amount, which terms dangor and accident? point to a By the Court-I wont to view the in by the police in keeping away the spectators My dear Gornem, According to our verknow if any question arose in the case ata sare list weekly from what passes under reduced it to $5.198.75.
fortuitous calamity ejusdem generis, as tire, jars and then I went to see the captains from the door of the hajut. The prisoner bal arrangements re Il G. Brown and Un, all will reference to the original contract my own towledge in the rearket, and in Dis Lordship said he really had not any and could not properly be applied to what
The case was adjourn
adjourned till tomorrow. is a short man, well, built, about 35 yanm Lt., stares, I now write te inform you that which ought to have byen torminated by fanation as to hastes dous from other doubt about the case. The defendant is, to a greater or less extent, an incari
of age, good Woking, and has an intelligent the scrips have been issued, sad please note the delivery of the shares on the 30th of brokers. On 4th January the shares of H. was in a position to get out of the contract ablo incident to a long detention in mill
appearance that I am, varrying 100 (sho hundred) of Tare, but ho put it that this contract never Brown & Co. were quited at 358, which on 30th Jane, and certainly from his point water. The plan if is therefore in my opin
G. Station these shares on your account at $10 per did tomminate. Mr Gorham for a time remained unaltered to 15th January, when of view it was much to be rerrotted that he ion entitled to dauges for the delay, and 1
Kelnog, 16th May 1590, share to be takou delivery of by you, our scomed inclised to repudiato lie liability the gustation was 50 nominal That did not. On the terms of the correspond I think that there should consist of the
is
We have had three faceign men-of-war 2,600 empty wine bottles, the contents of
I bequeath to my faithful valot, Phili before 31st December 1980, with interest at and to give trouble and possibly go into must that 850 was the last rate at which ence put in, wo questions had arison and charter money for a period, equal to the 7 per cent, per annum frein this date, which litigation with Mr Mody, but in anderes had been done and nothing wis been the subject of discussion. It was difference between the time the Pemptose Intoly to relieve the monotony of turhich he enjoyed during my lifetime, the e I shall thank you tamnimo!
standig was come to between them, that doing at the moment. In March they were stated that there was a condition that these world have occupel, between Ader and Jump Command. Alevejen, Am Amsterdammer for Mr. Gurliamo convenience and also quoted at 858
shares bould not be taken up unless the Singapore nt a uniform rate of 10 knols and eff. Commander Alexejeti, a splendid shares: bould condition that the difference between the rio equal to the Yolits trulyono sense for Mir Mody's, the contract should January and February to seliccording to Spillane it appeared at 21 tons for Vary 240 miles of the things after the Captain had called on the Chines
Dox't get hard and cynical, young man T. I. Rosu shurebroker--I had instruc-ompany was duly registered in Madrid the time so actually occupied, together Russian cruiser with nins hand on board the world is harder than
dress guy than it, and- HN MOLY
Movie estaidered binding, that Me Gaylum Lions to January and February...to seliccording to Spanish law. From the grid with the value of all coal used in excess of She was only two days here, from the 20th '11 get the form of two in dis Faron'll it every time ---That letter did not deci-to havu boen would take the shares, but for his conven- 100 Brown sures For Mr Mody. I could net enes of rener Arellano it appeared that 21 tons for Vary 240 miles of the disinnge to the 220d alto, and left again for Kobe court a culliston Ashland use you
ausworod till 2811) August, when Mr Gurbam Teries, as it was possible his might not say what, fares the shares were at during various acts were done at Madrid in conce- If the parties saunot agres sa for the after the Captain had called on the Chines wrotu the following reply to hate the money rendy in tile sheni bat time I know of no transactions from ti with the company in November 1889, and amount it must be assessed by the Regis mision turiste them. A request
A RATHER plain lady asks the opinion of Hongkong, Aus. 28th, 1889 op n the 6th of Auguet when the 1st December 1889 to March 1970. that they were legally done might safely be trar Judgment for plaintiff $210.67 above to get permission to visit the newly erected her minister Is it a sin to feel a wife of nent for plaintiff $210,87 above beauti-almon Neta sin for you, my shild,
above fort was and we were your man Philadelphia Ferip raz issued, Mr Mody would carry My dear Mudy With referanes to your
Mr Leach in opening the case for the inferred froin the fact that on the at rengli amount in Cours, and for such further som fort was politely declined. It was a beauti- vanity when I am called handsome by note of the 6th instant, mind of July fat, them for him until the end of Docem defence said the position the defend-of the certificates referred to being register as the Registrar miny and or as my total ship and we were nery that she left an eleman Neta sin for you, my shild, and our cunversation, since I the firm tho bor. It might or might not ho necesary attok up was the Of the 300 od nt Mapila, not at Madrid, the Gnal re-igiced upon Flaintif's getirral costs of sun Next came the French cruiser but a terrible respons bility hang upon thỏ arrangement that, in consideration of any to give evidence as to the conversations Le Jane, wlis the shares ought, according to istration was proved. His Lordship's view notion, Unsts of figther enquiry if any re- Filars, Capt. Mayet, well known hot from gentleman. Phiudelphia Times.
the civilised reprisals in 1984 83. They not repudiating to contrast for the gabs tween the parties, but eo fer as the plain the contract, to have been delivered, the re of the case was that everything was done served.
came to look after the French cometary, and purchase of the 100 Bronn shares, you tie coed 8 concerned it was not neces were no surcsissned, and the defendant was
In a very bad condition. A re- the Chinese nathorities to put the are carrying thong shares for me in the surg, because the suntract was fully act out therefore enlied to repudiate the nailract.
IN VICE ADMIRALTY. -
quest to for in the letters of The B and 16th of Aude the espon wrote a latter, which win was in its true meaning foll-d. A lo dist Dec,, unless Lahould call upon you for
wall into repair and erect a monument, and delivery at a adbner das, bet I wish you to us! The defendant's undertaking misht perhaps somewhat equivocal in its terms, thus question of tender, his Lordship said it
JELIUS WEI SIXO 8, SUNG. HINO JUNE.
look after it, the French Laying the This was a cuo of damage arising out of penses, was declined, but the Customs understand that no case will I take deli. hexpressid in this w Gorham tut which he intended to be a repudiation seemed to him that in a contract of this lind
leli will the flies altres, but you will hold of the contract. The second or third day tender wins is really strictly necessary, collision between the s.s. Puhta and tug authorities here graciously undertook to do very of thean shared mules the Company them for me You will stand out of your after that, having heard that his letter was incause it was a different state of things Hing junk on the 6th Feb. 169) in it for them. very of these shared apless The Company ilipo a not it shall have breu duly registered in Madrid wie
disney for my colonieties up to 31st. Do not regarded as a repaciation, he went to fir m what would have existed if the male Hongkong hathur. Mr A. J. Lench, in. rosording to Spanialt lave
irm comber at least I will pay you interest on soo Me Mody at his office, where a cut-us not to be emplated 1. 31st Dea'ructed by Mr. Hastings, of Messes Wot to the 1st May, and left for Hongkong
wishe
The Pillars was heto from the 27th April Urst mungy at the rate of 7 per coat, from versation tous place the effect of which wes center. Of course where time was of ton and OL GORDAM
the date of the off toy at his office, where a cons the date of the issue of the scrip, when I that having entered on the subject the saves of a contract fix delivery, and Mic Francis, instructed by bir Ro after baring saluted the fort. Then exte Me the well-known German gunboat, Iftis, —To that Jotter there scomed to have been should otherwise be prepared to pay you se, to whether this contract should be there must be an seinal onder or Wyson, appeared for the defendants
To that letter herd scomed to have been $10,500 You will hand me over the scrip completed hat be understood there were there was no actual torder. The direction of the Wind was E. N. E., blog came here via Foochow and Tamsui. The
the
the well-known Gerini Wyson, appearat for the defendant. Commander Ascher. After having landed no response, but las fir Francis thought or not, Me Gorham told
Frabois tight 910,500 You prepared to pay yon se, to whether this contract should sees of a contract for delivery. Dreen, appeared for the plaintif, to the 1st May, and left fer Hongk
To
Mr Leach read the Preliminary Acus. It must be taken for the patposts file on the 21st December: ut at any time bo. 29: Mody he was a That, of the Plentiff int forth Last Use the bewly appointed Germani Consul for That of the Captain-Lieutenant Archer, of this are the scrip completed or not, Me Gorham told must be an actual tender
of that the age that Mr Mody accepted what might be fore that date that I may call for it; but I certain legal formalities which were negas tender to Mr Sett, Lut it was clear from direction of the Wind was E. N. E., blog Formosa, Dr. Mers, in Taiwanfoo, the Zitis called the amended proppant in that letter will not take up these shares or pay for sary in order to make the campany really the evidence that Lu and no nuthority in ing & fresh breeze. The weather was fine murder options License
in that letter will not take up these shares or pay for we the plain-known. On the afternoon of the twent from here to call ou His Excellency On of the 26th August her both parties that the 28th Augustist in that fofter will not alt that I may call for it; but I ocet mody that he understood there to waiver of actual tende onder or Wyson, apprantis ius:ructed by blr Ro after having sale and left fer: Hongkong of the 28th Augint the whole question them unless the company is duly registered working company, and he stipulated that the matlar, his authority having ceased, and clear. The bids was flood, force mut the frat houtenant, con Loverzet
the cast the whole question then on laks up theso bharos or pay for certain legal formalities which wore there was no actual tord Fu this case in the cass 10, fart he knew presa in Madrid. It was within the knowledge those should be completed before he and whatever took place between the plain known. On the afternoon of the Bath went from here to call on His Bacon
the case farts knew proth res Mr Mody kid at In the case Jars he at Ommander, Captain Lieutenant Ancher,
the interprecasion of these two of both parties that this Company was should be called upon to take up the tiff and Mr Scott on 31st December could Feb, the junk was alongside the Pollast
Company as Mid first kney In Pothe Governor, the conference having been letters. There recasion of Urse tao of hours was within the knowered working company, and he stially the evidence at Let it sna clear from direct of the Pisthiif it form 1 Ace. the bender Ascher. After having lettern. There seemed to have been no formed for the purpose of carrying on shares Me Mody id at Brat. that he not affect the defendant. They kusy as a discharging cargo into her and remained settled the day before by telegraph further respondents or columnica the timber bures of H. G. Brosnant Co. would out hare anything to do with is, and watter of fact that the defendant was shere until just before the collision. The this soundtion
cannot help remarking, tinu between the parties til Jenancy in the Philippines. It was presumably be Gorbat was then proceeding to leave the not in the colure dating businese Poliur was at anchor, and hul regulation that the railway suthorities had again 1890 Mr Gahap left the colony in within their knowledge also that foreign office when Bic Chater she was op the other houre on the 31st December, and that rding light. The juuk was lacking alter.d the time table without giving any the other houre on the 31st December, and that way on the port side of the as. Puisi notice of such intention, and consequently December, and did not return fil late companies desirous of carrying on business sido of the office later venol and persuaded no actual icder to him was therefore away on the port side of the as. Pulis notice o in the afternoon of the afst, and Me Mody in Spanish territory would have to be regia: Mr. Mody to carry over the shares till 3let pren ble. It was quite clear that the with her bow tope fast to the steamer's did not know of his return to the colony tered there under the commureist 11 pt. December. On leaving the office Mrplanation of the bite, however, was that suchos chain, and when the Capisin of the aeval uicers but, to wait for uvez two until about the 6th of January, where Spain, and it was so dealt common ka Gutham was followed by Mr Mudy, who the defendast did not want those shares. the as Follum saw that the junk was. The fitis remained with us fola of hours in Shudinka, before they could get a wrote the following letter ledge that before the company was regis said now don't mention that I au He had unfortunately mado a bad bargain. atering towards his ship be ran for this to the 19t
na well this
the tb to the 13th inst, when she left Jor a Hongkong, the Jan 16 to dotio with respect to cheie, articles of lekopy
Jaytered at the Philippines surething had to carrying over these shares for you. Neither in the pleadings nor in theev douro ward to let go the junk's how wipe Tekolans She is the first foreign man On Berliti Chi to
At it was made My dear Deng, Jan,
Chute, articies of asho did not wish the other brokers to was thera aby uggestion of any unpro but was unable to do so, as it was made of war that I have seen come right into our My dear Goth, send you enclosed saciation in Madrid. Mr Gorba specially know about it,
On The terms of that pri ty of conduct on the part of the fast near the water. The parts of each that I have seen come right into our On New York herein 2.0 barter of H. G. Brown and Collated therefice that the company raust converaction were to be put in writing, bot plaintiff. He made a bargain which turn-ship whiab first came into collision were ventence to ourselves and the ship's com- dumati Limited, which becording charbour, which proved a great con- Konto ao arding to arrange to kindril he he- owing to ramours whith Mr Gotham heard nd cat a bad one for the defendant, Lut the bow of the junk and the port of the were to have been arlen up at the end if te duly registered in Mindent before The outside he took no staps to reduce them to there was no auggestion f anything on the ss. Pult, The junk when leaving the we have not had a sailing ship or an On last month, hak ara held over in people tale to take up those shores. "We
hidden froth the Colony will you wipulation could only be taken to get a mind inquiries, and from what he the defendant to resile from the contract. rope fast to the steamer's anchor and put conseq ently we have coal in plenty and to mean writing antil be heard from Bir Mody Heart of the plaintiff which would entice side of the four improperly kept her bow outside steamer here, since January, sad please send que o 330, 40 that sucks things might be done with respect than made påt
the company in Studios with respect that made in heard from Bir Mody. He het was no augeation f anything, at the bow of the junk and collision were sent harbour, which prove into our demand,... to the company in Madrid as would enable board he was under the impression that It followed an Decessary consequ-Des her kolm the wrong way so that the influegently we have coal in plenty and to on Caloutis to the company in Madrid a wou opted teresting nature to tell just now. And ou truly
the pay in Madrid as would enaa'e board de inquiries, and from what heurt of the plaintiff which would entitas Puller, The junk when eating the pan to ourselves and the ship's com- Du dimistic, them la carry on bulursa in the Philippines, registration in Madrid wga ketahary in hat the opptract was good one and the ence of the wind and tide caused her to "There is hardly anything else of an in IL N. McDY plece was to carry on Francis) did Madrid, socording perfectly wall
It was no sittin of the burimas of the order to give the company leged status in plaintiff was entitled to recover damages, steer towards the stormer and by so doing resting the ty te rondslag of an in I. N. Mcpr. company to carry on business in Spain, its unik Thereupon he wrote the letter of which had been assessed at 35,198.75 ahu onured the collision. The junk should alwung On the astoaday Meflorlam replied as site object was to carry on business in the 28th August, in which he imposed the con. There would therefore be judgment have let go her bow rope altogether or nothing,
to
go her bow rope altogether or railway engineers are down south, and follow
Philpoms Idlands He [Mr Francis) did dilon that the company aboud be register for paintiff for the amount agreed upon slackened it away samleiently to enable her thing, or next to nothing is being done polowe (Mr Byantik) did dillon gast, in which he imposed the coat which had been assess Jamages, steer towards to a tide caused her to spare to now that there was any dispute ed in Madrid, according in Spanish law, and for genetal costs of the cate
to bear the last of the defendant, which pears that nearly all the people of lar here to the harbour to prepare it for me with on any matter in the contract except Mr Mody must have been perfectly well
The preliminary act of the defendant, which when the railway is finished, but as it sp. Gold Leal, 100 Havi Mr Leach-Does your Lordship held The preliminary act of the defendant, wbieb into any dispute that the comic ha imposed of which entitled to one and her kolu the teamer's kept her how we have to the brocating of the particulaty Aware of what was required to give the it was unnecessary to satisfy the defendant was curious document, set forth that the and low, are in a chronte aisle of
hoped contratto ed in company the cost to end the rancho ha a of xươ, hà thờnght the whole marter turn. company & legst statis in Manila, but he of the giuraikan of the empery, or to fims of collision was hetween 6.30pm, and and w
company & legst statis in Maulla, but lie of the giration of the pumpeny or 107 pm of the 25th February. The sind stist there is plenty of profit to be made for (Taken at Mars alzin
of Cutt
on the interpretation of the contact, allowed Mr Gorham latter to remain bring it to his knowledge 37 pm of the 25th February. The wind Pesuriosity, they will some day and cat le reference to the question of delivery angreed. Be ought to have intimated His Lordship doalt see a ything in Wan atrong foun the East. The wonder there
unanswered, I was from
to have intimated bring it to his knowledge pumpeny or to imenus document, but to, which
East. The watatias of l the plaintiff rubs to Mars Lightwood to MrGorbe in that he was ooler & Mistaken the contract which mede that necessary, was dull but not ra ning. The tide was a very small outlay of money, if they apply lupa debit, who had acted as thy defension in Madrid was not necessary. But to be done was done The current and speed of the towards the
impresion blu as me was practical way and fodt, dalaoled the defendant premios on this point and that registra. It apparis to sue that what is ontracted nearly slack, slowly ebbing, and eastward hemselves to the task in a sensible and Grokers, and resented the contrast which mede that necessary, was doll Brokeza, and requented thein in maries Maceda vessel when
douce
othergurs assessel speones to take the shares, it whether registration to Madrid was her Theother gurations were auswered as follow practical say,
Unt whether registration to Madrid was he
had UNG YO
of
in
Tours truly
foly
to
as
to
Elo
ed
el and
.8
opening
to
anglia
23
The
at Madrid to enable the company to carry on
bu iness and that the conditiru referred to
11:
Jan
(Chung
which
FORMOSAV
Mercury Correspondent.)
A having.
at
Quotations
Homosexo, May 27,
samsung the
CPIUM-New Patna, cash,.. 475
Ora cash, -- New Bentes, rash, $70,
New Malwa, 12th- 520/500 Allowance, Treb... 40,66
Oki Marwa, randy... 540. Allowance, sc
DU
Persian, Gily Cash b0/520
Allow non, fuel. 39/48 Persian, Pupor find 630/540- Allowance. Taela... 30/49
Exchange HONGKONG, May 27.
London- Bauk, Wire,
On demand,
90 days' sgby
Uredita, 1
Docustriacy, months
I months sight,
On Paris
On demand, Credits, 4 mouths' aight,
Credits, 60 days night,
Bombay---
Calend
On demand,
Wire,
On demand,
by
Shanghai- a
Cetiand,
me, Hass
30 day night private,
Do
Do
thee Miro GESELE lined having no uathority, and cessary or not it was the duty of Mr Mudy LeuSG YON PLENSBURGER BAMPISCHI thaothat was first sen-rowing towards the Meeu of the charity that begins at home: "HIOMATE
1144 no intimation of Bir toy Mr Gorlise the registration had ALLEGRET bots of the Folle from Tuus Hing Street is too fable to go visiting Trey Presi rotsen to the Colpuy until the seinally been effected, and there was no This was an Acting thement of ac, and mesing from lout 6 to 7 an hour. FE PLs cannot be shaily suited when ther If any formal tulider evidence before the curt had bout in munts on chart de Francis The light if any) carried by her-tay-have made up their minds go to displeased. under the direnmatance formed of this. In contracts for the de QC, instructed by les Caldwell and light, - Distanse and bearing of the other. Play under the uma tunder evidence before Aut there was to GEBELLESCHIFF theather was first set of the veegel when ald Everything necessary on livery ut shares, the value of which varied Wilkins in, eppoared festhe plaintiffs; and "Buttig nectance formence before acted, Audition "Burt to formal sender was from day to day it had been laid down that Mr Teach, instructed by Hemera Wotton nootenary - There shares had already been time was of the elastice of the contract. I and Dračun, for the defendants,
Do
Do (Pret balb) 11
Bo
mila distant and lying at anchot. The world hopes to mies are in the next - Boa Tights (if any) of the other camel ton Commercial Bulletin
reasel when first tag from about 2 to 4 MANY & m3 #10 a good shot in chla
De
Do. Minimum orar nicht 76
Do
Maximum
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