The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-01
SUBD BY FRENCH MERCHANTS
4. ,. kOEHLER MUST ACCOUNT
FOR MONEY AND WINES.
the FrsOchInen say re ssaEhs lhe Agsnny
FoE TRear Goeda and necesVed NoneS
fer AaVeEtlslnE Ama They Get No Ne
turns or Noae worth Mcntionlng.

GSg TNelr Go0ds and nsceaVed Nleney
fer AaVeFtlslRE and Thpg Got No Ne
turns or NOae worth Mentionmg.
In the Lac JOurna' yesterday morn
ing there was published a judgment by
Justice Fitz1erald Of the supreme Court
which on ia face was enigmatioal but
which turns out 20 hold New Yorker
responsible for moneys and drinkables
obtained from thp'e merchants Of France
on Representations that he would adver-
tiss their merchandise in this country
and undertake ia sale here e. exclusive
agent. The New Yorker n Arthur J.
kOehler Of n Broadway. The French
men are a chocolate manufacturer Of tho
Department Of Pas de Calais. a cham
payne dealer Of Rsims and q distiller Of
Troyes From tho first Mr. kOehler
obtained money. according 70 the papers
in tho case and unoOntradicted teatt-
mOny. and from the two others substantial
cOnsignments Of agreeable beverages
Of France. the third man contributing
good hard caah. According % the un-
contradioied testimony the Frenchmen
never got anything IN return Tor their
trust and their money and their goods.
The Court. finding for the plaintiff. has
ordered an accounting
The Lds Journal report wAs a. folIOws:
-lbIed w. KOshler The complaint
a. amended a. the trial alleges payments
to defendant for specific purposes, 20
which II Ia claimed such payments were
not applied The evidence supports these
averments and IL unCOntradicted. Judg- |
ment for plaintiff for an accounting
The defendant put IN an answer.
but no defence Maurice Leon. counsel /
for the plaintiffs. said I had him arrested
civilly at the beginning and while one
Judge refused 20 vacats the order Of ar
rest the Appellate Division decided IN
his favor. Our evidence was that Dir.
KoehleT sent over to France a man who
went a. his attorney in fact. with his
power OF attorney. ard. representing
that MIR Koehler vas a man in high stand
ing here with ofices at n Broadway.
secured agreements from three mer-
chants there to make slr. KOSHER thetr
agent here. Mr. KOehler agreeing TO buy
large quantities Of their goods and 10
advertise their sale here extensively (
Then, after these agreements were made
Mr.. KOehler's agent casually brought
out the remark that M Mr.. kOehler was
going 10 spend lots of money for their
benefit it was only right that they should
stand q part Of the expense Of adver-
tising. To this they assentsd. KOehler
got the money he never bought the
goods from them that he bad agreed
70 buy. and he never showed tham that |
he had advertised their commodities
here a. N had covenanted to do. Here
n the testimony. taken in both English
and French by a rogatOry commission
IN France. on which judgment has BEEN z
awarded ~ The amount involved ls :
q, 100
Mr. Choubry's depOsition saws among J
other things that Tanini agreed with Z
him that kOehleT would buy annually
for five years 2OO cases Of ChOubFys Z
superior quality az ~ francs the case 81 I
twelve bottles and 81 franCs per case !.
81 twenty-four bottles Of champagne. =
'hOubry Freres TO allow a. a discount.
figured az ~ per oent. on the 900 Gases, =
~ Gases a year MIR ChOubry says that
lis firm sent a. q first shipment on this
discount account 20O cases, and that
he firm hasn't seen thsm since. He adds
his interesting testimony: IL
Upon the verbal request % Mr. Tanini =
ie~srs. Choubry had chosen a type u
vine resembling a. nearly a. possible
he quality known the world over under =
he name Of White Seal az the firm % y
iOet 4 Chandon Of EpernAy. As .
egRrds the dressing Of the bottle. they !.
made u az different az possible in order "
D avoid any complaint for counter =
citing a
Mr.. Chouhry te~tifies that his Arm never
ecsived from Mr. KOehler a single order.
Tor cOuld the firm get from him any
CcOun'ing as TO what he had done with
h. cases Of champagne. and Alr Choubry
dds We therefore have every reason
b believe that be appropriated them 10
is own Use, sither ceiling them and
eepng the price thereof or employing
hem 10 his own personal use
Gabriel Ward. "a distlleT Of : Rue
'oltaire, TrOyes. says he cent a check for
100 francs TO Selignan FrAres A Cle.
'ars for Koehler's account and sent 20
,oehler $40 TASKS Of liqueurs. VI. Ward
dds in HE testimony:
Mr. Koehler acknowledged receipt %
hese samples by letter dated New York.
lctOber n. 1904. and in this letter he
aid that he had been disappointed IN
Heing and testing the samples. He asked
hat ] should send him licueurs similar
3 regards taste and the dressing 81 the
ottles % Cuseniers liqueurs. On Fsbri-
~ 10, 1905, Mr. koehler sent ms a. sam
les a series % Cusenier liqueurs. ! con-
snted % do a. indicated by him. and
n March . sent Il, a q new case % sam
lee. 81 which he Acknowledged receipt
pnl , 1915 Hy a letter dated May 10
n KOehler informed me he was satisfied
ith my last samples A. the same time
? Informed mo for the first time that Mr
amin was no longer IN hiasmplOy and that
r. Tanini's power u attorney had been
lncellad
4 am compelled % presume that he
Nd oT used for himself the liqusur had =
mt him on too occasions. ] am also =
that he appropriated 70 HE
Fn uee the 7 800 francs which paid him
vi which he vas to eXpend for advertis-
Il my goods. | conclude that Ia this
stance Il vas Mr. Koehler's absolute
tention IN appropriate IN himself the
,oyis shipped and the moneys paid for
iyertisinR