Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-02-16

Some of the flour brought by the Rupert soured in
store almost all flour will sourin store especially 10
hot weather. That which soured IN the vessel was
of the Baylis brand and the Dillon Brand. Wesod
SO barrels of this sour flour brought by the Rupert at
81 to 81 25 Sour flour is bought sometimes for ma
nufacturing purposes, making starch and 90 on-out
is mostly bought up by the bakers Sometimes sour
flour will bring much as superfne Hour; some
times il brings 50 or "a barrel less, the price of il
depends altogether upon the quantity IN the market
Mr. Joseph Allen testified that there are uses for
which sour flour good sweet; there are regu-
lar markets for sour iour II often sells within two
shilnps barrel for as much as sweet flour; very
efien il il be and in great demand II Will fetch
as much or a little more, than sweet hour; II Is
sometimes worth more TO bakers 10 nix with new
hoa it is an object to them 20 gel Tor Una. puip0se
sour flour sold on the 18th OF May, at ~ 31a 2bt
~. I-s~ hae- 10. rs Aru-r6rgo or-tv5o
is moreri Of -four getting the hold of ves-
sci than IN stores particularly in climate like New
Orleans, where flour sours very quick. The prices of
Western flour that have been quoted are correc; ;
there was very little doing in Western flour during
the last days of April.
The sales quoted were in lots from fifty TO two or
three hundred barrels all Of them within the
order OF large purchases. Frequently three or four
Of US flour dealers put together and buy 1000 or
1850 barrels. Flour went down rapidly in price
from the first to the 10th Of May, and went up i'm
medately on the suspension of specie pa yments. IL
continued TO go up all the summer it went down
in two or three months for short time about two or
three shlngs barre but never so low again as So.
Ohio flour does not arrive here in June and July
Western flour was as high as $ll about the middle
of July.
There are two kinds Of bad -four, viz: " X bad"
which means flour damaged only externally; and
Il bad, !" which is flour damaged throughout
Mr. Herrick examined.-Has been a flour dealer
about fifteen years; at the time the Rupert arrived
there difference of about 81 between sour flour
and sweet Flour invariably sours in the climate of
NaW HotIrc hus b.
north Is sweet at the same time that flour from the
same place coming by way of New Orleans is sour.
This was the case.
The Judge charged that in respect TO the contract
10 bring this -four from New Orleans, ought TO have
been fulfilled with all possible and reasonable dill
genee; in such cases, where the captain of vessel
falls sick is incumbent on the charterers Of vessels
10 provide another captain The sickness oft cap
tam, as IN this instance, is not sufficient excuse for
the non-performance Of tho contract. This then
brings us to the conscientious Of the damages the
plaintiff has sustained by the delay.
And first we ask, was the flour sweet in New Or |
leans On this point II is not necessary for the
plaintiff TO prove positively, TO the very letter of the
law, that IL all sweet when shipped; has he |
shown that there was no reasonabledo doubt that
sol The best criterion TO guide you here is, that
there were several cargocs OF the same brand shipped
about the same time at the same place, and they all
arrived here sweet The defendant is, therefore liable
10 the natural inference that the -four soured BY
the delay in sailing.
But you are 10 be guided by different rule of da- |
images in estimating the injury sustained by the -four
not coming to hand in time for the best market. In
the first instance there positive injury and the
person through whose negligence the damage was
sustained must pay for the The plaintiff Is an
titled 10 he full benefit Of the price of good hour at
the time the sour -four arrived Yoa will therefore,
finding your verdict take out the 80 barrels Of sour
-four, and give the difference between what that sed
for and The price of good -four at the tine il arrived
This was abouts2 barrel.
With respect TO the damage sustained by the nom
arrival Of the -four, these facts must be considered
The plaintiff had perfect right to turn all the -four
IN TO the market the time the vessel arrived and
sell il al the then market price and hold the captain
responsible for the difference between what il then
brought and what u would have brought had il arri-
we'd al the proper time. But he did not do this--for
some reason he held on 10 the four-sod il sltinae-
ly for higher prices and sold none fer less than $3.50
the market price the time the vessel ought TO have
arrived. The plaintiff, therefore had sustained in law
no actual damage and was not therefore entitled TO
verdict on that scores but ~ the plaintiff counsel
considered that the rule Of dsmage ought to be sc-
cortiing 10 the difference between the market price NJ
the end Of April and on the llth Of May, he would
instruct them to pass upon the difference in price per
barrel At those tive perods in case Il should be ruled
hereafter that this was legal rule of damages.
They would therefore have first to pase ON that
point. Then 10 pass on this question, according TO
the evidence; was the -four sweet in New Orleans
and soured by the detention Of the vessel and
n - 10 find for the sum 20 lost III the sour hour
when did STRIVE on the 10th of May, brosght more
than sweet -four would on the 18th OF April then The