The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-10-05


perintendent of the Exchange, for the follow
ing, which was received after our statement
was made up:
Total stock in presses and on shipboard,
Thursday night, September 3d.. 80, e65
Received since taking stock. .......... TO- 735
446OO
Exported since taking stock. .............. 1924
Stock this day, October 4, noon ..... IS, SIG
Stock according to running account ...... 49, sol
Intermediates. NEUTRALITY-SUSPICIOUS.. IS
No note is taken in the above of pickery
cottons, which scarcely amount to 100 bales.
What Constitutes Barrel Of Pork.
The case Of Armour, Plankinton & Co.
against Gould H. Thorp, provision dealers,
which for some weeks past has been subject
of lively discussion among merchants in that
trade in New York, has Just been tried by
the Arbitration Committee of the New York
Produce Exchange and an award made. At
the opening of the case Mr.. George FL. Web
ster appeared for Messrs. Armour, Plankinton
& Co., and stated the facts of the transaction,
which are substantially as follows:
On Saturday, the 18th inst, Armour,
Plankinton & Co. allege that they purchased
of Gould e. Thorp, in the ordinary way. 500
barrels of mess pork, cash, at 500 IS per
barrel, and in accordance with the custom of
the trade, they paid for it on the same day,
on the tender of two warehouse receipts for
$3.50 barrels each, all Of the brands of Erich
ards & Co." and stored in Mr.. Amelung's
yard. So far, they allege they acted entirely
in accordance with custom and the usages of
the trade. In order, however, to satisfy them
selves fully in regard to the property they
had paid for, they imm ediately instructed Mr..
Goulard, an inspector, to 60 to Mr.. Amelung's
yard and examine the pork in their behalf.
As MIR. Goulard was unable to make such
inspection on Saturday, he went on the fol-
lowing Monday, the 18th inst, and reported
10 3-16 lbs per barrel short in weight, 5 bar
rels rusty, and other barrels containing soft
and boar prices, causing the lot, in the opin-
ion of the compliments, to be totally unmer-
charitable as it now exists, and not valid de.
livery. In addition to the unreasonable short
weight, which is shown by the inspectors
certificate, aggregating more than Is bbls out
of the 500 bbls, the same certificate shows
SIG of the pork-equal to $50 bbis-to be
rusty and understandable. besides portions
Of other barrels quite out of condition.
In their complaint, Armour. Plankinton
Co. claim that the lot of pork in question is
not, from either legal or equitable or mer
camille standpoint, just, proper, or valid
delivery, and they ask from Mr. Thorp in lieu
thereof 500 barrels of mess pork in merchanta-
BILE condition. In substantiating their posi-
ton, they referred to several recogn zed
authorities, and the firm acknowledged their
willingness to abide by the standard of the
Pork Packers Association, as accepted by the
provision rule of the Exchange.
THE AWARD.
After duly weighing the evidence, the
Arbitration Court made the following award:
New YORK, Sept. "a, 1875.
Whereas, controversy between Messrs.
Armour, Plankinton & Co. and Gould III.
Thorp, members of the New York Produce
Exchange, having voluntarily submitted to
the Arbitration Committee Of the New York
Produce Exchange, for their decision, by an
instrument in writing bearing date the 14th
day of September, 1875, duly signed and at
tested; and, Whereas the proofs and allega-
tions of the parties were heard at a meeting
of the majority Of all the members of said
committee, and a majority OF those present
concuring in the following award, the
said Arbitration Committee Of the New
York Produce Exchange are OF the opinion
that the sale having been made in accordance
with the form of contract submitted, the
seller was obliged to deliver 500 barrels of
mess pork, in general good order, of Gus
tomary weight and merchantable quality, and
the buyer beng compelled to pay for the
same on the delivery of the warehouse re-
ceipt, before examination, the seller was held
until the buyer had an opportunity
to examine it. Also, that the customary
weight of barrel of pork in this mar
ket is 200 pounds, weighed in at the
time of inspection, aud the brand Of q
regular inspector must be deemed prima facie
evidence of such weight, and conclusive in
this case, as satisfactory evidence to the con-
trary has not been produced. Also. that
portion of the pork delivered in this case was
not merchantable.
The said Arbitration Committee do there
fore award, order and decide that Gould 7.
Thorp must pay to Armour, Plankington &
Co. the sum Of $104 and one-half Of the costs
of this arbitration-S50-and that Armour,
Plankington 4 Co. pay one-half the costs OF
this arbitration.
Signed by the committee.
Expectation of Ca tie.
The high price of beef in England and its
steadily decreasing supply, has caused CAPT.
salists to experiment on the feasibility of ex-
porting cattle. The trial has already met
with some success, sufficient at least to
demonstrate that the cattle may be kept in
good condition on the voyage and bring fair
prices in the English markets. We trust all
such ventures will prove profitable. Our
SuPPiAeo out IL euo w cbt dIo ouOIMOuS, auu
if good market can be found for our surplus
on the other side, it will have q far reaching
effect on more trades than one.
The October Outlook.
IN. Y. Bulletin, 1st inst
With the incoming of October the autumn
is suficieLtly advanced to enable the observer
10 form some judgment as to the drift and
extent Of the fall trade, concerning which
there are SO many diverse opinions. Without
entering into minute details-which would
only be REPETITION Of facts we have been
recording from day to day during the past
month-it need only be said. that while trade
for September was probably not up to the