The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1885-10-13
ton. We WIN meet quite a Loss lesson. On The 200

IN enclose account sales of 100 bales hay
received ex bark KdlakuHd, showing net
pnoceeds STA. rs TO your credit in account
4th July, 1881, per CITY q Ner York
Hay OK Wrestlers-We have treated this
invoice as consignment and have stored
the whole lot on yoursaccount The hay
market is completely glutted and it Is
impossible 10 make sales unless at heavy
los. we therefore hold same for an advance
in price-to sell at auction would be sim
ply to give it away.
3Oth July, 1881, per Zealdadia-
The hay invoice per Wrestler S4lS1Ols
still on hand and as we never ordered il
we cannot take it, but will dispose Of it on
best terms at the earliest opportunity
The market Is completely glutted with hay
and we are surprised at your action in
continuing shipping the article in the face
of such facts
9th August. 1881, per Kalakdua.
Hay:-We cannot sell this article at
any thing like its cost, we tried small lot
of go bales at auction and ii only brought
SIs, viii we hold it for better priceF
18th Aug. 1881, per CITY Of Sydaey.
Account sales:-We now beg to enclose
the following account sales of goods sold
on your account sales bran, shingles, FIRE
wood per D. c. r. P. due Sept. 80,
5 61O Sc
Account sales hay ex Wrestler
per D. C. u. n. z due Sept Is. 103 AZ
All of the documentary evidence intro
duced at the said trial including extracts
of letters from ]. C. Merrill & Co, to F. I,
Lenehan & Co, and account sales, accounts
current, invoices and manifests are hereby
referred TO and made part of this bill Of
exceptions.
The Court charged the jury in part as
follows
The case has been fully presented by
counsel The facts are before you. As to
900 bales of hay, it is conceded by plain
tiffs counsel that it was not shipped on an
order When it arrived here, defendant
was not obliged to take it. If that posi-
ton was not changed, plaintiffs cannot re-
cover as to the hay. You have heard the
explanations of counsel and the letters
and the testimony on both sides. You
have the right if you choose to say that
the letters characterized the keeping of
the hay If you consider there was the
relation of principal and agent, from the
I letters, and all the facts in the case, it is
for you to say II letters should convince
you this was so-that defendant was agent
as to the hay, then your verdict would be
against plaintiff as to the hay If the let
| tiers and all the facts show a sale consum-
mated then the verdict should be for plain
| tiff. II plaintiff RECEIVERS as to the hay
there is to be a deduction of some $40 or
$50
At the close of the charge to the jury
the counsel for the plaintiff asked the
Court to further charge as follows
If the 200 bales of hay were sent to f.
I. Lenehan & Co, as a sale, and he &C
cepted the sale and admitted TO j. G. Mer
rill s. Co, that he held the hay on his own
account, the f. T. Lenehan q Co, could
not afterwards repudiate the sale.
But the Court refused to charge on this
point except as above, to which refusal as
aforesaid the plaintiff by his counsel ex-
eepted.
The following evidence was also taken
in the said trial
F. A. Schaefer, sworn: Know Merrill
was his agent some years ago identifies
power of attorney)-do not know of any
partners in j. c. Merrill & Co. Am fami
! liar with freighting in 1881 and 1882, for
compressed bales hay, freight was SIPS
l think
Cross-Ex. Don't think was Merrill's
agent when this suit commenced. My
agency terminated / think January 1884
Merrill has no agency here now believe
This is not Merrill's first suit againt Len
chan. Don't remember first suit. Recol-
lect being at trial about years ago. This
is third trial think
Redirect Power of attorney (exhibited)
never revoked. Acted under it in this
suit.
H. R. Maefarlane sworn flor plff.)
Knew Lenehan In 1881 had dealings with
him in freights general freights -molas-
ses probably more than anything else
Had difficulty with molasses. He engaged
to take molasses- it on wharf.-the
could not take it on Wrestler then it was
to go on KalakauR-did'nt go-then it
was to go on MurTay-but it didn't go
all this happened within six weeks. Then
he compromised / think for SIS First
shipment was to be $50 bbls-carted, coop
cred and had to be taken The second
time it was displaced again by sugar which
was more profitable Tonnage was scarce
then. 1t finally went, some in his some
in other vessels.
Gross ex Recollect conversation with
captain of Wrestler. He said he could
not possibly carry any molasses.
W. G. Wilder sworn (deft) My firm
ordered facing bricks from Lenehan q Co
I-2OOO-they were not -unsizeable
and poor colors- 5000 more were offered
we refused them because they were
worse than the first We had ordered 90
900 or 30,000-then we countermanded
the order. They were not delivered
promptly.
Cross-ex. Am not brick-layer knew
the bricks We're bad from their looks
They looked like culls-we used the first
1000 somehow know the 5000 were
worse than the 1900. We built the store
with another lot of bricks from San Fran
cisco-these were good bricks.
| L. B. Thomas sworn flor deft.) Been
brick work contractor for 81 years-built
Wilder's block Don't know where they
got bricks for facing-my attention was
called to some bricks that came early in
the stage of building First lot was 1900
many culls-4 of an inch difference in
size-some dark, some light For facing
you must use bricks of size. Don't know
whether any of these bricks were used-I
did't see the 5000 lot Think they were
condemned and taken out of ship Don't
remember going to wharf with Wilder to
work at them
Cross sex Never saw any bricks but first
1000. Heard that some of the 2000 were
used-don't lnow-they don't send first
class bricks to these Islands-no first class
front brick ever came here. There are no
first class front bricks in Wilders block
Tho first lot of 1000 were very bad
7. B. Walker sworn (for deft.) Brick,
layer for Y years Remember when VII
der block was built-Lenehan then had
pressed bricks-asked me to look at them
I told him they were very inferior. l
saw one lot at Widemann's lot near Vests
They varied in thickness colors were not
so bad-but they had to be sorted l had
told Leneban wanted some bricks, but
not ike them-I told him l could not pay
price of pressed bricks for these-they
were worth no more than common bricks
Good pressed brick costs S37-common
brick from SIS to $50 Don't know how
many saw on Widemann's lott went
with Lenehan to vessel to look at bricks
they were also inferior-some bricks
were handed up from hold-they varied in
thickness in sorting them made
them cost more than first class bricks
they were not suitable for facing bricks
decidedly not the kind to put in building
/