90.
whatever reliance therefore you may place on the statements made to you must disregard them. The Judge is bound entirely by the Law to dispose of the case litigated before him according to facts deposed to and hereafter to be deposed to in this Supreme Court and the Law of England as applicable to these facts.
That suit was commenced in due form by Q. Petition by Landstein the Plaintiff. A copy of that Petition accompanies this letter, to which your Excellency is referred, marked "A".
This petition contained a statement that Landstein, merchant in Hong Kong, sued the Defendant His Majesty Tu Duc of Annam in his capacity of merchant or Trader. It sets forth an agreement dated the 20th of January 1870 (about four years ago)... entered into between Lai How and Ng Woh, mandarins or agents of His Majesty Tu Duc, and that thereby the steam ship "Commodore" was sold to K.M. Tu Duc for the price of $66,000; that that ship was duly delivered to and accepted by H.M. Tu Duc; and that His Majesty had changed the name of this ship "Commodore" to "Dang Wee" and that under that name that vessel has been used by H.M. Tu Duc for purposes of trade or profit, very frequently with cargoes of merchandise on board for sale.
A copy of the agreement is annexed to the Petition, a Copy thereof marked "A1" accompanies this letter, to which your Excellency is referred.
The petition further alleged the sale and delivery to H.M. Tu Duc of divers merchandise and claims thereon which Landstein alleges not to have been paid for. Annexed to the Petition were two accounts; one being the account in respect of the sale of the "Commodore" on account of which the Plaintiff alleges that a sum of $83,885.13 is now due to him. The other being an account in respect of merchandise and charges on account of which the Plaintiff alleges that a sum of $91,033.09 is due. Copies of these two accounts accompany this letter.
In substance, the Petition states that H.M. Tu Duc has actually received value from Landstein to the total amount...
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