On the arrival of the cargo in London, it was found saturated with salt water and consequently worthless. My friends refused to receive them, and Hemptner's Agent had to pay the freight and charges. On this intelligence reaching Yokohama I found reason to conclude that Hemptner had resorted to concealment, and I proceeded against him at the British Consulate for the return of the money I had paid.
I commenced a cross action and sued Hemptner for the freight and charges which his Agent had paid in London. It cannot fail to be observed that both actions rested on the identical issue—namely, my allegation that Hemptner had practiced concealment in the bargain.
My suit against Hemptner came first and was decided against me. On appeal to the Supreme Court of Hongkong, and the Court, to curtail litigation, caused me to deposit security for the amount of Hemptner's claim against me, which it was arranged should abide the event of the Appeal.
On December 1862 I proceeded from Yokohama to Hongkong to look after this matter. I had previously employed Mr. Kingsmill as the Agent for my property in Hongkong and as my legal adviser. When the appeal came to issue, he wrote to me stating that in the course of an interview which he had occasion to have with the Chief Justice relative to the case, His Honor had expressed himself adverse to me.
I was dissatisfied with Mr. Kingsmill and resolved to let the appeal drop entirely, compelled to this decision by the feeling that Mr. Kingsmill's representations were not to be depended on, and I fancied that I might obtain redress by proceeding to Europe and there procuring able and honest advice. I concluded that if I allowed the appeal to drop, it would take the respondents...
+8
"The plain truth is simply this :___ Being a resident at Yokohama Jupan in 1862, I purchased a cargo of merchandige
Hemptner, which,
from
oue
time afloat and on the
10 was at the
cargo way from Japan
to London. The transaction was a cash one.
On the arrival
was
ALA
in
of.
the largo
in London, it
found saturated with salt water and consequence worthless. My freinds refused to receive them, and Remfetiers Agent had to pay the freight and charges on this intelligence reaching Yokohama I found reason to conclude that Kemptuer had resorted to concealment, and I pued
him at the British Consulate for the return of the money
I had paid home.
Je commenced a crous action and sued.
One.
for the freight and charges which
his Agent
Agent had paid in London. It Cannot fail to be observed that both
the identical issue-namely
actions rested ou
my allegation that Komptues hand practiced concealment in the bargains.
My suit against Hemptues Came -first and was decided against
of appeal to the Supreme_
you
notice
ne
Court
$
乍
85
Court of Hongkong and the Conent, to curtail litigation caused me to deponit security for the amount of Kemptners claim against
me, which it was a
arranged should abide
the event of the Appeal.
On December 1862 I proceeded.
from Yokohama to Gongkong to look after this matter.
I had previously
employed Mr Hinge will as the Agent for my property in Hongkong and as my legal adviser: Eere the appear came to issure he wrote to me
laying
that in
the course of an interview which be had scension to have with the
to have with the Chief
deutice relative to the
that His Honor had
adverse to me
M.
I
necessary.
documents
1 gran can opinions
AVAA
dissatisfied withe
Kingsmill and resolved to let the
appeal drop entirely.
on-
unpelled to
the decision by the feeling that M = thingsmills representations were not to be depended. and I fancied that I mig
obtaus redress by proceeding to leurope and there procuring able and houst advice. I concluded that if I allowed
yet
the appeal to drop it would take the
respondents
No comments yet.
Private notes are available after approval.