The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-11-13
superior Court.

BRFoRE JUDGE BONNEY.
MONDAYS. H. Larminie and others V. George
Milliken.
The plaintiffs counsel read the dispositions of s. II.
LarmiDie and Edward A. Bigelow the two mem
bers of the firm in Chicago as to the sale and pur
chase Of this wheat, the custom and usages of the
Chicago Board of Trade, the fact that the members
of the board are held personally responsible for
their contracts with other members Of the board
and that the customer is not known in the matter;
the right Of the parties to call for margins for their
protection and if they not furnished it is the
right and privilege of the broker to close the DEAL
They also put in the dispositions of John j. Bryant
and G.. f. Haughey the parties who purchased the
wheat sold by plaintiffs on account of AIiken that
there was an actual delivery of $4,000 bushels of
the wheat by warehouse receipts and the remaining
5000 was settled for by paying the difference.
Mr.. Holmes opened thescase for the defense. He
claimed that tie time of the order from illken 10
Jordan to sell, nothing said about margins; that
1t hal not been customary and that Jordan had said
it was not necessary where he knew the party and
that he was good. That Milliken was never noti-
fed that margin was necessary and that Jordan
had no right to close the contract the oath with
out Mlliken's ORDER Notwithstanding he was alb
sent from the State that if he had waited as it was
defendants right he should, until the last of the
month when wheat fell to 991a the deal could have
been closed with but slight loss to the defendant
if anyhat after giving Milliken to understand that
no gins would be called he had right to take
it upon himself to close the contract, cover the
wheat as it is called and if he did the loss is upon
the plaintiffs and not upon this defendant.
George Milliken the defendant then took the
stand and testified in substance as follows:
am a member of the firm of W. and c. R. MILL
KEN wholesale groceTs. We do not deal in wheat
For the last few years have been the buying mem
Der of the firm. Am at our store the most OF the
time, but in week or ten days am absent from
the State buying goods On the 9th of August, 1872
went to Jordans office and told him to sell for me
10000 bushels of wheat for August delivery. He
said he would de it Nothing was said about the
probability of wheat going up and nothing said
about margins, nor that they would be likely to call
for heavy margins. Nothing was said about the
balance | had in their hands remaining from form
er transactions. think one time l told Jordan
that would not sell wheat to anybody unless they
put up their margins and he said as rule he didn't
do it; that he had done it with some parties and
made losses by doing it. have had dealings with
Jordan before upon the wheat market and there
was never any delivery of wheat to my knowledge.
j did tell Jordan that didn't want him to mix up
the wheat business, it being personal matter OF
my own, wi the other partners of the house.
Down to the 2Sd of August knew nothing about
Jordan calling for me or trying to find me- l did
not hear that he had inquired for me- / received
word from him. was in the store every day,
and if he had left word there that he wanted to
me think should have .ot it, l saw him fire.
quently and he never mentioned margins to me- On
the 23d of August my wife and went to Winchen-
don, Massachusetts, visit. could have been
reached there by letter or telegraph, but received
communication from Jordan. While there
wrote him the letter which has been put in here
saying would be at home Wednesday, the tn,
and tell him what to do with my deal came home
the Both, and saw Jordan on the same day. I
told him thought when sold the grain the price
~ would go d but if got out whole should
feel as though / was doing we'll. He said he had
covered my wheat several days ago. a-ked him
what he did that for He said he did it for good
motive, what be thought was the best for my inter
est. He didn't say he did it for want of margins
think he told me the price at which he covered it.
told him should mt pay the loss because be had
no business to handle it. / never understood that
there to be sny actual delivery of this wheat.
Allen B. Moulton and Alexander L. Laughlin Of
the defendants firm testified that they think Mill
ken was about the store on Monday and Tuesday
before he left the State on Wednesday.
The testimony closed at half past four and
Mr.. Holmes argued for the defense.