The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1920-03-10
COURT DECIDES
GLUCOSE CASE
Judge Hamilton Finds That J. G.
Hubinger Bros. Co., Had Reason
s to Cancel Glucose Shipment
Contracts.
SUBMARINES INVOLVED
Reason for Failure to Take Up Ship
ments, II Was Alleged, Was Due
to Activities of German v
s8a Boats.

An echo of the late world war. and
especially of the phase which has te
do with the activities Of the German
Submarines is found in the decision
(which Judge w. S. Hamilton has made
IN the district court in the case Of
George B. Carey against ]. G. Hub
niger Bros Co., finding for the de
PENDANTS. The case involved the con.
tract for glucose for export, and the
activities of the German U boats is
said to had some bearing on the plain
.tifrs actions toward handling certain
shipments.
The case grew out OF sale made
by the defendant to the plaintiff OF
5000 barrels of glucose, and the con-
stroversy arose when the defendant
cancelled part of the contract after
the plaintiff had failed to comply with
all OF its agreements, according to the
allegations made.
The decision holds that the court
&mda that there w;,s material breach
II contract on part of the plaintiff and
That the defendant was JUSTIFIED In ne
Hleving that the plaintiff did not IN
4end to comply with his terms. Inc
kDurt found that defendant was just
bed in the cancellation OF the contract
~ the plaintiff. The court found that
Dlafntiff was not entitled to recover,
and dismissed the plaintiffs action
and assessed costs of suit against the
plaintiff.
The 5000 barrels of glucose which
ne plaintiff purchased from the de-
dendant were ordered to be shipped
to Chicago in monthly shipments OF
1000 barrels each during the last five
months of the year, it being under
stood by the parties that the glucose
purchased by the plaintiff was for for
eign expectation.
The petition stated that the plaintiff
gave the defendant shipping instruc'
tons for portion of the glucose
which was shipped in accordance with
the directions with bills of lading and
sight drafts attached. Further ship
ments were made from time to time in
accordance with shipping directions
sent to the defendant by the plaintiff.
with sight drafts attached to the bills
OF lading as before.
Subs Become Active. >.
The plaintiff, it is said, failed 70
take up bills of lading and pay drafts
attached withoAt any reason being as
signed by ulH Ioi noI tdhA6 WV
drafts except his inability to procure
K ocean transportation. 1t appeared
from the evidence that the inability to
secure the ocean transportation was
Occasioned by the fact that German
subm arines had commenced their ac-
tiyities and vessels were not procur-
able.
In October, portion of the bills
OF lading were taken up and the de-
PENDANTS paid, but the plaintiff failed
to take up the remainder of the bills
Of fading, it is claimed.
The plaintiff repeatedly promised to
take up the bills Of 1ading and there
by comply with his portion of the con.
tract, but he failed to do so and as
signed no reason for such failure.
The defendants notified the plaintiff
that unless he paid for goods already
shipped and complied with contract,
the goods already shipped would be
resold to others, and plaintiff without
any objection to this course, asked per-
mission, in case the goods were re-
sold to act as defendants agent in
making the sales, but the plaintiff
continued to neglect payment of said
drafts and failed to comply with his
promises on a date which he had fix
ed
The defendant therefore cancelled
the contract and notified the plaintiff
of the cancellation. After hearing the