The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1885-10-13

statement Of the Chief Justice, IN render
ing his decision granting new trial, as
follows:
This Is an action to recover SS7245,
stated in the bill of particulars as follows:
For 200 bales of hay shipped from San
Francisco for Honolulu, by the bark Wrest-
Ter. on the LIST April, 1881, on account of F,
7. Lenehan & Co, at Honolulu, and duly
received by them on their account,
s 413 10
Freight on the same. POP s.
For II NJ hard pressed bricks
shipped from San Francisco for
Honolulu. by bark D. c. Murray
on the 18th August, 1881, on &C
count Of T. I. Lenehan 4 Co,
at Honolulu, by their order and
ing freight, 476 OC
Moneys paid to Maefarlane
& Co, 10y F. T. Lenehan & Co,
and improperly charged by
them to j. G. Merrill & Co,
August. 1881. rs OO
Total 5 1,166 81
with interest upon the said amounts at one
per cent. per month. from the said dates
respectively.
Contra AcCOUSr.-Amount credited j. c.
Merrill q Co. by account Of sale of hay
per Wrestler, due 18th September, 1881,
5 103 AZ
18th August, 1881. Net pro
oeeds of sale of ii NJ bricks by
j. c. Merrill & Co. and credited
to F. I Lenehan x Co, l9l 90
$ 294 &C
with interest from the said dates at one
per cent. per month.
Balance due j c. Merrill & Go. SS72.45.r
The following bill of exceptions was
allowed by the late Mr.. Justice Austin;
holding the April Term.
BE it remembered that at the trial OF
the said cause the following evidence was
taken, to wit
EVIDENCE FOR THE PLAINTIFF. F. A
Sehaefer sworn: Am familiar with freight
ing between here and San Francisco, in
the last part of 1881 and 1882; for com
pressed bales of hay, think the freight
was 81 Is.
Letters from F. 7. Lenehan & Co, to ].
c. Merrill & Co. The following extracts
OF letters were read in evidence on the
part of the plaintiff:
18th December, 1880, per Coasusl0.
p. S. please ship large quantity of
hay and bran and a moderate quantity of
oats say 800 bags, all shingles cedar, r.
W Posts, 200 bbls lime, g. & w H. Bar
ley, Golden gate extra -four, all which viii
show good freight profit"
18th December, 1880.
You can with safety send down by her
Murray the following goods viz =:
$50 bbls. Golden Age extra family -four.
$50 bbls, Golden Gate extra family -four.
5000 R. W. Posts.
500 Bellies of choice California Hay not
Compressed.
go Bags Bran.
200 Bags Oats.
lOc, bbls. lime.
100 B. boxes of medium bread.
10 NJ Cedar shingles
AL of which will meet with ready sale,
profit and pay good freight for the
vessel"
January 4th, 1881, per Nuray
Return freight by Big. D. c. Nurrdy.-
You can ship the following goods by her
on our account
F. I. L. & Co. $50 bales best Gala. Hay
3" 100 bags best Gala. Oats
- 200 bags Bran
so bbls English Port
land Cement.
and obhge. Please purchase the above
at the lowest market rates and on the best
terms" e
18th Jan 1881, per City Of Sydaey.
'Hay:-Whenever you have any spare
room on your vessels, you can always send
from 200 to 800 bales of good California
hay, which we can always dispose of tc
good advantage to our customers.
Bran & Oats:-The same remarks ap
ply to these articles
31st Jan. 1881, per Kalakdud.
'Hay:-There Is not a pound of this
article to be purchased in town at present
and we think it would pay you well to
send always as much as possible on ships
account by each vessel; whenever you have
any space left, fill it up with good hay
| compressed or otherwisel brah and oats
and it viii always pay we'll
I4th Feb. 1881, per Austrdlid
Please forward by the return of the
bark Kalakaua the following goods viz:
FIT. L. & Co. 400 sacks Golden Gate
extra Flour
4" so bags Yellow Corn.
Z" 100 bales best California
pressed Hay.
90 400 bags Bran
5th April, 1881, per Ralakavd.
Bark Wrestler:-We are looking daily
for this vessel and trust that she viii bring
a good load of Bricks, Lime, Hay, Flour
eth May, 1881, per Wrestler.
Bark Wrestler arrived here on the 2lsi
ult-, after passage of p days from your
port, and has delivered her cargo in good
order with the exception Of some bales hay
damaged by the bricks"
9th May, 1881, per City Of Sydaey.
'Bktn Wrestler:-This vessel arrived
| here on the DIST ult., and delivered her
cargo in good condition with the exception
OF about 20 bales of hay which was more
or less damaged by coming in contact with
the bricks. We made no claim upon the
ship for the same, as we did not wish to
damage the reputation of the vessel, and
this the captain viii appreciate our action
in the matter
'Hay;-We were very much inconveni-
enced 10y your sending rs 200 bales of hay
without orders, by the Wrcstler, as we did
not need 1t, besides we had ordered l5O
/ Dales 70 come down by the Murray. The
hay market is completely glutted, conse-
quently We have to bold it. Hay has been
sc!d on the wharf at SIS per ton which is
below its cost. Please do not send rs any
more goods without orders in future as Il
is very apt to put US to some inconveni-
ence and loss when goods arrive which we
do not anticipate
Bodies & Cove enclose q copy Of a
letter from this firm wherein they decline
receiving the 100 bales hay sent them BY
your goodselTes on account OF its being
inferior, consequently we have had to pay
freight on same and pay your draft upon
them for the said hay. We have had to
store 1t on account of the market being
glutted with this article The quality IS
pooE but we viii endesTour to close It out
at the very first suitable opportunity.
18Th Hay, 1881, per Merry.
HaE:-We regret the loss on this arti-
Gle bat We did the best we could for you
he market Is completely gluited. in fact
lot was sold at auction TO-DAY for 81 4