The south-western. [volume] (Shreveport, La.) 1852-1870, 1858-12-29

Several of our cotton buyers continue 70 r.
ceiye complaints Of false packing. In addition
to what we published a few weeks since IN re-
gard to cotton bought here last spring TOR ac-
count Of New England factories, there are
charges from other quarters. We have, how
ever, confined the publication OF charges toI
those emanating from the Lowell factories, OF
which more have been received within few
DAYS mast, and some of the officers of these
factories intimate that they are sensitive about
opening their cotton for fear OF further piaunS
and deception in packing and bailng' -,
Heretofore before any reclamation "ouid De
allowed by factors or sellers, some OF them re-
quired the afidavts of the spinners, their over
seers, and the sellers at the port OF deoarkaton
and all these certificates sworn to before lhe
American consul at the port OF delivery. some
of these reclamations have been settled honor
| ably BY factors and sellers without having rele-
renee to the chamber OF commerce; other cases
have been submitted to the board, and decls-
ions rendered in nearly every arbitration
against factors Other cases have gone thro
our courts and decided in favor of the purchas-
er. There are cases now pending. When this
question is considered in all its bearings, 1t is
astonishing that there should be any doubt IN
the matter If a sale is made by sample, the
article ought to comply with such sample
The case which We publish below was brought
before the chamber of commerce OF lhls Guy
| in l843 The committee OF arbitration BENG
composed of Messrs. Beck, Barker, Brazler'
S. T. Colt and H. G. Cammack: Blanchard,
Eimner Il Co. VS.. Ruff & Newman-Thls is a
claim for the sum of S493 SO, being loss on
thirty nine bales cotton, sold by the defendants
to plaintiffs as sound and merchantable, but
which, after being sold in Havre and opened
proved to be false packed, the outside of the
bales being plated over with good cotton, and
the inside filled with an inferior quality.
The cotton was consigned to Quesne ,Freres
d Co., at Havre, and the certificates furnished
by them and exhibited to this committee elear
identity the bales as those bought OF the defend
ants, and fully substantiate the loss.
The defendants OBJ jet to the claim, prlncl-
pally on the ground that a sufficient price was
not obtained for the rejected cotton; they state
that it vas picked from the field IN August and
September, being the season when the best anc
finest cotton is produced, and assert that 1t Il
;mnossible the bales could contain quality
that would only command the prices allowed
for the cotton in question. They assert, also
that the quantity OF inferior cotton must have
been guessed at, without proper examination
founding this assertion upon the circumstance
of the certificates stating that some OF the bale
contained nine tenths Of inferior cotton which
the defendants say could not have been the cast
without its being discovered here before ship
ment.
To these objects the committee have glvel
due consideration, but they are only assertions
! or suggestions, unsupported by any evidence
t and cannot be permitted 10 nValldate the clea
and formal testimony which the certificate
from Havre contain. They therefore aware
!, that the defendants shall pay to the plaintiff
tie sum Of S495 50 claimed, and that the.
shall also pay the costs OF this arbitration.