The Portland daily press., 1883-11-12
Superior Court.

shrShE JUDGE bONNET.
SArURDAY.--In the case of S. H. Larminie & Co.
against George Millksn, reported in Saturdays is
sue, Arthur W. Jordan, of the plaintiffs testified
in substance as follows:
reside in Deering.. In August. 1882, l was
member Of the firm of s. FL. Larminie g. Co.. COM
mission merchants on the Chicago Board of Trade.
August S, 1882, Mr.. George Miliiken. the defend
ant, came into my Office in Portland and ordered me
to sell for him 10000 bushels of wheat for August
delivery for his account. told him didn't think
there was a chance to make any money in selling
wheat at that time in the month, that it would
probably advance toward the latter part of the
month, as it had been advancing for several months
previous: he thought it would go down. I said all
right. He gave the order to sell, and did, saying
to him that they would be very liable to cali for
heavy margins on short sale of wheat. He said that
was all right, he was ready to advance any margin
any moment called for it, that that was my right
and ought to do so. Isent the order to our firm
by telegraph to sell the wheat while lliken was in
sne once f 10 that received reply that they had
and 10000 at $685.. Before Milliken left the Office
he asked me not to leave any notices or papers re-
ating to bis transactions at the store it being his
own private business he didn't care about his part
ners showing anything about it. said all right,
hands to MseS credit ha ae IN asEsd
If we hadn't better send that along home. said
no; guessed we better keep that out there for a
Milliken and told him the price the wheat sold at.
was in the habit of sending quotations of the
and the nnt to hs s cay 70 our
ken, of which defendant is member
saw the defendant almost daily for week or
matter of this suit. During that time there was
but little change in the market. Then the market
advanced to lo31s. if I remember right, and l at
once went over to Millikens store with the object
OF calling on him for margin for our protection or
the contract we had made for him. They told me
at the store that he was in Boston. The next day
or two days after he back at his place of bust
ness but as the market had declined made no call
Tor margins as we didn't need them. Shortly after
tn adr nn.o4x. A..
zlst found it was still advancing and I needed
protection from Milliken went to his Office some
OF the partnere, told that he was saround some
where- went away without seeing him. Later
IN the day Invent again and waited for him perhaps
half an hour but didn't see him. The next day the
market was still advancing and went to the store
again inquiring for the defendant and received.
about the same reply-that he was "around some
where but out Later in the day i dropped dIi in
again but didn't see him. On the
next day, Wednesday, the market was still
did not ind the defendant. From business man
on the street, a mutual friend, learned the next
morning the z4th that Milliken had left the State
70 De absent ten days or more. then telegraphed
our hrm In Chicago in substance, that if they felt
certain that the price of wheat would
not break to cover George Milliken at
once, and they did So buying at the price
charged in the account annexed to the writ
:, The next heard from the defendant was on the
ZStn, when 1 received a letter from him saying
that he would be at home the next day and tell me
What WI to do with his wheat. did not see him on
W
at his store he said that before o'clock he would
tell me what to do with his deal. told him there
would be no necessity for that, for had covered
his wheat (Which is term for buying several days
before. He asked why did that. told him /
could't find him for margins, and was forced to
buy in the wheat, as they calling upon me dali
~ for them. He asked why didn't come there
and get the margin. L replied that that was a
queer question when he had requested me to say
nothing about it, and to leave no papers or notices
at his office relating to the matter. He said could
have borrowed the money. told him had no
right or reason to borrow money of W. & G. r. Mil
hken and wasn't in the habit of borrowing mon
ey on the street. He said he shouldn't pay any
claims we had. I told him guessed he better
think the matter over, that we had done the best
we could, and it was unfortunate that conldn't
nnd him to get the money. In a week or so / went
and asked him what he had decided to do. He said
ne had taken all the advice he wanted, and he
shouldn't pay any losses that / had taken the re-
sponsibility on myself to cover his wheat and
must stand it. told him / made all the effort
could TO no him, and we had covered his wheat for
want OF margins, and they wouldn't carry the con-
tracts for him any longer.
After a cross-examinatien by Mr.. Holmes upon
the above testimony, the connection of the witness
with business in Chicago, his knowledge of the Gus
toms and usages of the Chicago Board Of Trade the
court adjourned until Monday morning at 10
o'clock.