Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-03
COTTON CASE.
Arbitration by the Chamber Of
Commerce.
Dispute Between Buyer and
Seller Adj listed.

bVAAI1ANNO0 VI ~ SAAALAO1A
1t appears that on the 29,h ultimo, Jones
Brothers, of Madison street, sold to John
B. Leech, 2 cotton broker, on Front
street, q list Of 135 bales Of cotton, which,
after boring, the buyer refused to receive
| aud pay for, on the ground TINT the seq
Ond samples did not c1me up with the
original. Jones Brothers then applied
to the Chamber OF Commerce FOR arbiEra-
ton in the matter, with the result as
| given below. Several Witnesses were ex-
amined, whose testimony We omit as IN
importsnt, the main points being given
In the respective statements OF Messrs.
Jones Brothers and Mr.. Leech. Messrs.
Jones Brothers statement is as follows:
STATEMENT OF JONES BROS.
Jones Brothers sold Messrs. Lsech & Car
yer, on March %, g lot of cotton, repre-
santing to Mr.. Lsech that the samples had
bsen OR~ths table several weeks, and had
doubtless improved in appearance. t.
day Mr.. Leech sent for ua, ard contsndfd
that the cotton did not come up; that be
supposed there were only five or six
bales OF q certain description, whereas 1t
turned out that there were smuch larger
amount. We stated TO Mr.. Leeeh that
We did not sell the cotton to come up to
the sampIes, and proposed to cal in Mr..
GoOiwyn and abide what he might say
in the premises. We then proposed to
reduce prices somewhat IL it would satisfy
him, and which he also refused. We
then replied that IL he would agree to
nothing, we supposed We would be
compelled to take samples and sell
or ship the cotton, and he re-
turred both sets OF samples to us.
We state further, that We undertook no
epecisI comparison of the samples while
in Mr.. Leeoh's room to determine
whether the samples drawn by Mr..
! Leech came up to those by which We sold,
bat did on the return Of the samples, in
| Tie presence Of Mr.. NJ. a. Allen, place
the two sets on tables aud compared them
cars fully, and found that the cotton
sampled fully up to the samples by which
we sold, in which opinion we are sup
ported by Is many as q half dozen gen.
tlemen and cotton sellers who examined
the two sets Of samples but Mr.. Lsech
declines to do anything IN the premises,
saying that by receiving the samples
back from him We had him deprived Our-
selves of right to claim snything OF him.
Ia the defense, Mr.. Laech stated As
follows:
STATEMENT OF J, B. LEIGH.
Ga Tuesday, March 80, l. went to Jones
Rrcs. at Mi. Jones' request. to look a.
cotton he had for sale; S. B. Carver was
in my company at the time; Mr.. Jones
remarked that ne did not suppose new
redrswn samples look as well l asked
him in what particular they would not
look as well he remarked they had been
sampled two weeks or perhaps more,
aud that sOme of the cotton was stained
and that from exposure, likely, it had
bieached l then remarked that the cot
I E., ~ euarr- hfhnr raGnnnf will nnunn nm .
I suppOse there is no dirty cotton in il
more than is represented he replied
that It would come up in every other re-
spect except the mildewing Of the cam
pies ; the cotton was turned out that day
and examined by Mr.. Marsh, and next
morning was sampled, and Mr.. Carver
passed the cotton; Mr.. Carver came
CO to the Office about ten O'Clock
Wednesday morning and told me
he had ordered the cotton in
question not TO be marked, on account Of
Lhe ssmplss not Gm1ng up he ordered
the samples broufkt up to my office for
my inspection @f1cSe doing anything
with it the SAMPLES We're brought up
half an hour after, and carefully laid on
| the table for an inspection Mr.. Carver,
| Mr.. Marsh and myself examined both
! lots carefully, and we discovered q great
GteEENtjhtlEy az AC0oI AWELiNy VI LII
bales OF dusty cotton were there that
were not represented in the original
samples; l then sent T. Mr.. Jones to
come over and look at it, and l Informed
him his cotton did not come up to the
ssmpIesg he looked al them, and said,
81 told you that when you bought
them.' TolA him that did not conn
plain Of the Lin or bleaching, but the
dirty cotton l otjscted to. he then in
quiTed what reduction l wished made.
he said he would leave the reduction to
be decided by one w. A. Goodwin.
l objected to have any arbitration
made ~ TO the difference in value,
because l did no want the cot
ton; its quslity did not suit me.
Mr.. Jones then remarked IL ! did
not want the cotton he would have to re-
sell or ship it, and requested me to send
the original and the new sample with
the bOrings to him l did as he request
ed while the samples were being sent,
Mr. Jones esuae back to me and re-
marked that he wished / would say moth
ing shout the transaction, as it would
initiate sgainst a resale OF the cotton /
replied, of course | would say nothing
about it; from the time Mr.. Jones came
60 my office, it was from hslf-past ten to
half-psst eleven; I then purchased other
cotton TO replace the cotton returned to
Mr.. Jones; / returned to my office at
hslf.past three in the evening; Mr.. Jesse
Brown came to me from Mr.. Jones and
asked me what / would do about the
cotton, and be would like ms to go and
look al il; | remarked to him thst | re-
gsrded the transaction SIS closed, and that
/ hsd~ purchased other Gotten to replsce
it, and that if l should examine the cot
ton again it would do no good l had
| carefully examined each separate sample
before, snd ] declined to have anything
more to do with ig az ! regarded the mat
ter settled when Nj. Jones agreed to
take the sam pies and the cotton back (;
Mr.. Jones came shortly after and re-
oussted noe to look at It; lmRde the
same reply, in addition remarked that If
1t bad been q question whether the SAM
pies came Up or nor, it should have been
decided in my Office when the samples
were brought there, because l had agreed,
by him taking the samples Of cotton
back, that the case was settled and that
[ had purchased other cotton to replace
it; he said il I would do nothing with it,
if / was q member Of the Chamber Of
Commerce that be would leave the mat
ter for them to decide, which l agreed
to; next morning l received s. note from
MI. Jones ON M a. AlteusSayiUS tuoe IL L
did not take the cotton away that he, Mr.,
Jones, would re sell the cotton and
charge nae commission and losses, If any
were made, to which replied, verbally,
that 1 wished nothing whatever TO
do with the cotton, and l thought il we
went TO Law it would be- very unproit-
abb to him this evening l received an
other communication from Mr.. Jones,
asking me II l Weuld not take the cotton
at & reduction. l refused to 90 ii, saying
the matter was to be settled by the
Chamber of Commerce.
DECISION
The Committee # Arbitration, on full
consideration Of thu statements made
and testimony ELECTED, rendered the fol-
lowing decision
The undersigned, appointed a Commit
tee by President w. II. Cherry, Of the
Chamber Of Commerce, to arbitrate in
the case Of Jones Bros. sgsIast John b.
Leeeh, after q careful hearing Of sill thu
testimony in the case, render the follow
ing decision I:
The COMMITTEES do not feel called upon
to express an opinion except upon one