New Orleans Republican., 1873-03-26
THE COURTS.
,ufted Stale. Circui. Court.

United States vs.. l. NJ. boul uliSnS."- he
trial of this case by jury, resulted yester-
day in a verdict for the government for the
snm of Sl2I, ,S7i 10, and against the sureties
en- the official bond of defendant. to wit:
\ D. Judice, Numa Bienvenu, Victor Gero.
Iias. Charles Darmeville Olivier and Charles
Olivier DuclozeI. in so.ldO. Tor the sum OF
$4,000.
William Deshon and others rs. George A.
Fus0ick a. Co The petition alleges that
un March 10, 1871. the ship l.. sherman,
,hen living in the port OI Boston, was
chartered by plaintiffs. who were the OWN
&rs, to defendants, for the purpose nt trans.
poItIDg cotton from the port OF New Or.
leans to some European port at gate OF
freight agreed upon. That, in pursuance
et the contract. the ship sailed Tor New
Orleans, and arrived On the twelfth day OF
April; that on her arrival she was accepted
1v defendants, but on April - they repu-
dated The contract and declared they
would not accept and would not receive
the ship, The plaintiffs aver that by reason
Of the premises they have been damaged IN
the sum of S6793 %, with interest from
;udicia! demand. FOX which they ask iudS.
ment.
The defendants plead. first, general
denial; second, that trey did, by letters
and telegrams, agree 10 charter said
.hip on the understanding and representa-
tion that She would sail from Boston on
Wednesday, the eighth day OF March. !S1 /,
but that she did not sail tor several days
after that time, and that as soon as de!end'
ants were advised OF that :dct they gave
notice to plaintiff. William: Desh0n. who
wa. master OF said ship before she was ten.
.iered 10 them under said charter party,
shat they were not bound TO take her under
said charter party, and no tender Tas
thereafter made TO defendants.
The evidence in the case establishes these
facts.
On the ninth of March. 1871. tie defend.
ants telegraphed from New Orleans TO
Homes Ryder Il Co, III Boston. the agents
az plaintiffs. as follows:
.'Shall we close Sherman: Liverpool
three farthiDgs, H&vre one and halt. con-
!inent thirteen-slxteenths.
On the tenth of March the foregoing dis.
natch was answered by Homes, kyder n
Co. as follows: "Close Sherman three far.
things Liverpool. thirteen-s!X:eenths oonti-
nent, full cargo
On March 10, after the reception hy de.
iendants of this dispatch. and before 1t was
answered by them, defendants received
letter, written by Homes, Ryder ~ Co. on
March s, N which they say, Our ship T..
Sherman will sail on Wednesday for your
port. We have given our captain letters OF
introduction to your house. and II he is not
chartered before he arrives hope yOu Will
look after him Immediately and uter him
some rood business. lie has given me au.
tborIty to close him ut three-Guarters to
Liverpool. At any time you can offer her
ihat before he arrives please let us hear
from YOU and we hold the opportunity to
accept the first offer made Us AZ those rates
from any house," etc.
After the receipt of this letter and the
telegram OF Homes, Ryder & Co. ot March
10, above given, and on the evening OF
Il. Il, lA IN
telegram to Homes, Ryder Il Co: Sherman
closed Liverpoo! three tarthings, liavre
one and a half, or continent tb!rteeI-s!X.
tRenths.
1t is furthe: shown by The testimony of
the defendant. Fosdick. that had he not re-
ceived, on the tenth, the letters o! Homes,
Ryder & Co. advising him that the Sher-
man would sail from Boston on March he
would not have sent his telegram Of that
date closing ;he contract chartegin: the
shin.
The pleadiugs and evidence preseu: two
questions for decision:
The first is, did the telegram ri defend.
ants of the ninth OF March and tie reply
thereto of Homes. Ryder < Co.. OF the
tenth complete and conclude the contract
of the parties2 A negative answer must bc
given to this The telegram Of the ninth
was an inquiry to which the telegram of the
tenth was an answer. IL meant simply:
will you chatter your vessel on the
terms named. The answer is in effect an
affirmative reply. This does not make
contract until the defendants have sent
another dispatch accepting the ship on the
terms specified.
But it is to be observed that the terms in
answer of Homes, Ryder IL Co, do not cor
respond with the inquiry pCopounded in the
telegram OF defendants; they inquire "shal!
we close Sherman, Liverpool. three farth.
ings, Hayro one and halt. continent tLIr.
teen-siXteenthsf :
In the answer Of Homes. RYDER x Co,
nothing is said about the rates to Havrc
and the words ".ul! cargo" are added, So
that by the passage Of these two kilograms
Yhe minds of the parties had not ccncurrcd
iipon the terms of the contract. \ second
dispatch from defendents was necessary
TO complete the sOntract, and TINS was sent
on the night Of March lO, after the re-
cpption by defendants of the letter of
Homes, RYDER s. Co, dated March 70,
Other questions TO be deterniHtd are:
Did the statement made in the letter OF the
sixth that the Sherman would san on me
eighth. form a part of the contract, anu II
it did, was II a mere represehlatloA - "1>
condition precedent ,,. J.,
can see no reason " why the element ny
which the date of the sailing OF the snip va"
fixed should be excluded from the contract
any more than the rates OF frClGht. MONIES
RYDER & Co. were corresponding with de
fendants both by letter and telegram ID
reference to the ChaTtering Ot the ship. De
fore defendants finally closed the contract |
Iey had before them the telegram Of
Homes, Ryder K Co, fixing the rates OF
reiobt ani their letter, naming the day |
When the ship would sail from Boston. II IL
air to presume that both operated .,, en- the
minds Of deft tndanis il inducing them TO
harter the ship, and the expectation Is
1ot such was the tact. We may then con