The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-13
u. g District Court

IMPORTANT TO MERCHANTS AND coNnTsIos JOINTS
Albeit a Warner va. DE ship 80 'MUy--DKci-
SION or JUDeE JUDsos The libellaut seeks to re-
cover $2,50l 30, the. balance lof account anne xed
TO the libel for supplies, disbursements, commits
sions, &c., accruing 10 him between the Hth day
Of September 1919, and the 2lst day Of Nov. lSi9,
owned by p, III. French. There seems to be no
controversy in regard to who was the owner Of the
81 Mary prior TO, and upon the 18th day OF Sept
1919. This owner was Parker III. French. II may
not be important to say that two days previous to
the Nth Of Sept. to wit, on the 18th French pur-
chased the ST. Mary, OF Shines u Huber, about
which there Is no dispute.
Here COMMENCES the account I; and from this
day down TO the 22d day OF November, the move
ments of the respective parties become important.
and as various writings passed between them !:
showing what these movements were, an examna-
tons Of those writing becomes essential TO deter
mine their rights.
Indeed, IL may be well said, that those papers
shown in evidence, must guide the Court 20 its de-
cision. Much, IL not all, must depend on the le-
gal effect given this written evidence. The first
piece Of evidence OF this character. is letter from
T. II. French to A. A. Warner, dated Sept. IL,
1sfe, as followsi-
"NEw YORK, SErr. IL, 1850.
A. A. WARNER, ESQ
DEAR. SrR,-I am anxious you should put up the
st. Mary for California for me. think can make
IL for your interest TO do 30. II you will consent 10
advertise her, and act as her agent, will give you
5per cent on all the stocks, Ia the way Of freign,
equal to $4,000. Respectfully,
r. H. FRENCH"
Under this proposition, Warner proceeded to sup.
ply the ship with passengers, and such freight or
stores as stand charged in the bill annexed to the
libel. He also collected large amount Of freight
money, as stands credited on the annexed bill.
On the 26th Of October, 15i9, p. H. French made
proposition to Shines az Hufier, in writing;
"To MEssRs. SHINES & HuFrERs-
In order TO facilitate the completion Of my con-
tact with you for the purchase Of the ship 81
Mary, IL Is my desire that you take possession Of
the ship and cargo-of the man igement Of her bu-
siness for loading and getting to sea, so that no I'M
Necessary delay shall occur-wIth the under.
standing, that whenever you are in receipt of
a sufficient amount Of money to cover the bal
Hnce due for purchase money, and any liabilities
that you may be under, growing out of this trans
action and connection, | shall be entitled to bill
oftale 81 the shr, in order that may sell or hy-
poibecaie her TO another party, under the condition
that the proceeds Of such sale or hypohecation pass
into your hands for the disbursement Of the ship
And further agree, that before the ship goes to
sea, you shall be placed in funds sufficient to cover
all the liabilities OF the ship and outfits.
"lf, therefore, you accept you will pease cause the
ship 70 be loaded and prepared for with all due
diligence end Dispatch; and in consideration for
your services, agree 10 allow you "a per cent.
commission on the amount OF her freight and pas.
ssge money, warrantisg the same to amount to