The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-27

ment to the amount OF more than 1000 made by
Mr.. John Swanson, Jr. of Manchester, from Decem.
the original introduction Mr.. John Swanson was
the managing partner of the firm of Swanson Bro
Tiers but that firm dissolved In December, 1858,
and the consignments since made had been made by
that gentleman on his own account. The plaintiffs
contended that they entitled to the commission.
notwithstanding the dissolution nasmuch as it was
to Mr John Swanson that they had intro
duoed Mr.. Fanshawe in the first instance, and
Mr. Fsnshawe himself on being examined as
a witness, produced q piece OF paper, upon
which MIR. Fanshawe had put down in pencil the
charged to which he was subject in reference to the
consignments IN the course OF the discussion which
took place between them in January. 1866. In that
paper the very first item Beard one per cent"
and the learned Judge asked the defendants coun-
sci tMr. Atherton) whether he could alter the evil
deEce given by witness who had no interest in the
action. Mr.. Atherton consulted with his client, who
was understood to deny that the handwriting was
his; aud tho learned gentleman upon that ntimated
that the case must go on.
Mr.. Mills, tho clerk Of Mr.. Swanson, was then
called. He first fixed the interview between the
defendant and Mr.. Swanson at the Office of the lat
ter some time in 1858. and then in 1851 but hav-
ing his attention called to the contested question,
he stated positively that he saw Mr. Fanshawe
write paper similar to the paper produced, and
expressed his conviction that tho words Beard one
per cent" were in the defendants handwriting.
Mr.. Forwood. Of Liverpool; Mr.. Hugh Fleming.
Secretary of the Manchester Chamber Of Commerce;
Mr. Hallet, of the firm Of Phillips l. Co., of Liver
pool; and Mr.. Robert Dalgish of Liverpool, were
called to speak to the custom of business with
ference TO commissions of this kind and they all
stated tho practice was to pay the commission not
only upon the first consignment, but upon all subse
quent consignments long AZ the business con-
tinued. They concurred in stating that the arrange
ment once made, could only be Terminated by no
tce In which event. Mr. Fleming said the commits
sion agent, whose connection was his stock in trade,
might carry it elsewhere ii he pleased.
On the first day, at the close of the plaintiffs case,
| the court adjourned.
| The next day the case was resumed, and Mr..
| Atberton made a very able. address to the
| jury on behalf Of the defendant. He submitted
| that the evidence of custom was not only incon-
elusive but inconsistent. No two Of the witnesses
agreed as to what the custom really was. Upon
the main question in the cause he should call the
defendant himself, who would tell them that the
bargain which had been made between himself and
the plaintiffs was not the bargain which the plain
tiffs bad described to the jury. And the defendant
would also tell them that the paper produced by Mr..
Swanson was not in his handwriting, and that he
knew nothing about it.
this action. In the autumn of 1858 Mr.. James
Beard called on me and said he could get me a con-
Segment oil delalnes, and asked me ii would allow
him the COMM sion, which agreed to do. His ques-
ton was whether ] would allow him the commission
on the consignment OF delaines. He took me to the
warehouse of Swanson Brothers, and introduced me
10 III. John Swanson. He left me with Mr.. Swanson,
and arranged with that gentleman for consgn'
any arrangement with Mr.. John Beard.
| There was no general arrangement to pay commits
sion upon all subsequent consignments; the agree
ment applied to that single consignment only; re-
ceived but consignment from the house Of Swain
son Brothers, although there were several invoices,
and the goods were sent out in several Ships the
firm of Swanson Brothers dissolved at the end of
1858; early in 1854 Mr. John Swanson called on
me and said he had no objection to continue send
ing consgnments through our house. but he would
have nothing to do with the Boards; after that the
goods were sent in by Mr.. Swanson to Messrs.
Sehwabe, Chamberlain X Co., in the gray state, to
be packed and finished: Messrs. Schwabe, Chamber
lain Co. sent me an account of the expenses in
CURED in putting the goods into condition suitable
for the market, and added a commission which they
charged for doing the business, and at the end of
every season rendered an account to Mr.. Swanson;
Messrs. Beard had nothing to do with the consign-
meDts from John Swanson, but the consign-
ment from Swanson Brothers, in the previous
yeor, passed through their hands to be packed aud
finished under their superintendent | never
saw the paper produced by Mr.. Swanson until yes
terday none Of the figures upon it in my hand
writing; don't know who wrote them; they are not
added up correctly. they are Ga and ~. making
altogether whereas the total upon the paper appears
10 lie per cent only; when Mr. Swanson called
upon me he asked ne IL had not allowed the
Boards a commission Of per cent; | told him |
had; he said ought TO allow him that commission,
because he had 10 pay commission 10 Schwabe X
Co. for their trouble in relation TO the gCttngup OF
the goods; after some discussion agreed 20 allow
him the per cent that seasons transactions only;
did not allow il the following season; and in the
autumn OF 1855 | made arrangement with him
altogether different Crossexam.ned-Wh Mr..
Swanson said Yesterday about a conversation in
this paper aud IL Is not true that hade the agree
ment described by Mr. Beard, yesterday, that the
commission should apply 10 all cOnsignments.
Mr.. Beard partner in the house OF Schwlbc.
Chamberlain Co, stated that he knew Of no such
custom as that which was spoken TO yesterday; he
knew the deiendatts handwriting; be should think
the handwriting on the paper produced was not his;
better acquainted with he defendants letters than
his figures: as to the figures upon this paper he
could not say one way or the other
Mr.. John s. Bolton. Mr.. Colley, Mr. BENJAMIN
Wild and Mr. Lewis Corrohoraed the evidence OF the
last witness as 60 the non existence Of any custom 10
allow the commission Of per cent Cor y" introduc.
ton upon all subsequent consimmcnts "a well as
upon the first And Mr.. Lewis also said that knowing
the defendants handwriting. there was no figure upon
the paper which Mr.. Swanson had produced which he
shoudtake 70 be his He Judged from the handwriting
itself aud not from the defendant denial although he
had heard him cay last night that the handwriting was
not his. Mr.. Alexander Dawson a merchant, Of III.
verpoo also expressed hs belief that the paper was
not written by The defendant. with whose hand.
writing he was familiar, aud with whom his firm
bad had repeated business transactions during the
last nine yoara.
Mr.. Hl replied upon the whole case: and the
learned judge. Va summing directed the attention
Of the jury TO the fact that the defendant was in
ulftCt cOnnltl VIII tpI Witnesses Win reference 10
the terms Of the contract and that with reference
20 the important paper q January, 1855 he was in
equally direct conflict with the two witnesses mas.
much az Mr. John Swanson who produced t. swore
positively that he saw Mr.. Fan-hawc write Il. And
Swainsons clel was equally positive in his state
ment that he had seen The defendant write upon
piece Of paper. similar IN form and general appear
ance 90 the one IN question, although his memory
as TO time was, no doubt, very imperfect. and al
though he would not undertake 10 swear that the
paper produced was the ame. The jury almost i'm
medately found for the plaintiffs damages $500.
Naval EotsiIigence.
part % the marne ruard of The nited st.ias aea