Epwaxp Covsixs, sworn, said—I remember last witness coming into Mr. Baron's office and speaking about a charter. I don't know if the defendant was then present, but he was monthe 14th, and at that time Mr. Baron had information that this charter was open.
To Defendant—I overheard only some parts of the conversation, as I was doing other work, I did not hear Mr. Lowe, after Mr. Baron said what about the Ellen Lewis and the Tientsin charter?" say Oh I don't, want her at all."
Defendant—I am really sorry to hear you say 80. I did not expect a man like you to say that, I have nothing more to say to you.
Witmess—T beg to remind you that T ain on my oath.
efendant—I know you are, and that makes me the more sorry, Puna Wiiams, master of the 2. If. Jones, sworn, said—I was in Mr. Baron's twice on the 14th, "Mr. Lowe came in, The captain of the Ellen Levis was not then present. When Mr. Lowe came in he "Look here Mr. Baron, the charterer won't wait any longer; when the captain comes in offer him $1800." The captain came in and they talked it over. The captain spoke a great deal and finally said to take the ip as she was at $2,000. I don't know anything of the carrying capacity of the Ellen Lewis. I offered my vessel for $1800 for 5,700 peculs on 12 ft. draught, but Mr. Baron would not talk about it tome. Ihave since got a charter for Swatow. The captain objected to the offer so far as I could understand because he could not stow 5,500 peculs of paper. I should fancy the merchant would have had to pay the full' amount of the charter whether the 6,600 peculs were made up or not.
To Defendant—I heard you say you could nab go over the bar if you drow over 12 fect Plaintiff said—My claim is for 5 per cent on the $1,600, and 24 on Tls. 600 for the wood. No arrangement was made about commission on the wood, it was to be the usual rate. Defendant owned I had taken a great deal of trouble about it, and should have my commission.
Mr, Covstss, recalled, said he heard nothing about commission on timber mentioned in con: versation in the office, which made defendant still further dubious of his truthfulness.
Defendant, sworn, said—My vessel was consigned to Russell and Ca., but understanding that Mr. Baron could do'more for a small vessel, I put myself in his hands, and also gave him some timber for sale. I asked him about the commission on the timber, and he said he would see first how it sold.' I was dissatisfied with the way he went about selling it, He first offered me $1600 for the Nentsin freight, which I never thought of taking till he came to $1900, which I said I would take provided he did not put the ship deeper than 12 fect. He then said it was no use thinking about it. "On Saturday the 12th he saw me again and said he supposed. it was off about the Tientsin affair and 1 said it was, On Sunday he sent off and asked me to come and close the charter, but I said it was not then convenient. I went next morning, but there was nothing said till Mr. Lowe came in, when Mr. Baron asked him what about it, and he replied, Oh nothing at all; don't want that ship. I want the other one." I said nothing to Mr. Lowe about the freight. When I went on board the ship I found Mr. Des-landes and the Chinaman Tasked particularly if it was the same charterer, and the man replied "no, he no savez nobody," and that he had not' been to Mr. Baron's. He submitted quite a different list of Mr. Deslandes said the man had not been to Mr. Baron; of course I did not know Mr. Lowe in the matter. I went and closed the charter for $1600, they guaranteeing to pay me the whole amount in any case, and not to put the ship below 12 feet, and they also to do light-orage. Mr. Baron never offered to tee any weight whatever nor any draught of water. ¥ could not understand Mr. Baron's proposal, but could Mr. Deslandes, and therefore I accepted it, Plaintiff handed in a chit and reply of the
refusing to accept 24 lay days even at $2,000. 1th of August offering the charter, the reply Defendant—When 1 arranged with Mr. Des-landes, I told him Mr. Baron had been looking after charters, and that he must therefore low him half commission, which he promised timber. todo. Idid not offer him anything on the
E-we-Tve said he knew Mr. Lowe, to whom he had fallied about ton days ago about for s1S00 the, Ellen Leda, but forward, ting a shi). Lowe offered to a shi]
came and said he could not settle for her and wanted witness to take the It. H. Jones, but witness would not have that vessel.
By Defendant—Mr. Deslandes chartered the ship. I dont know Mr. Baron at all. Mtr. Lowe wanted to charter the 2. H. Jones the same day I took your ship. I would not take the 2. Hf, Jones, By Plaintisf—The first time Mr. Lowe came and offered the Ellen Lewis at $2,000 for 5,500 peculs, but 1 said it must be $1800, I went to see the Ellen Leicis and was pleased with her. Mr. Lowe afterwards told me he could aot arrange it for $1800 and offered the 2.1 Tones.
Postponed till Saturday at 11, for further evidence at request of defendant.
Nus Mozcer was called and said he was first informed of the wood by Mr. Baron but had his instructions from the captain, whom he informed that his commission was 5 per cent if sold and nothing but cost of advertising if not sold. He had rendered account sales to the captain.
His Worship said the case after all lay in a nutshell. The fact simply was that defendant pat lis ship into Mr. Baron's hands to do his est for it. As a matter of fact Mr. Baron had 40, and had offered, in the opinion of the Court, done all he might reasonably be expected to good charter. The point had been decided over and over again that if a ship was put into the hands of an agent and he gave his time and trouble, the benefit of his connection and lad put die skip oe tata his bands ust aot an establishment, the par who
and conclude a charter behind his back. If ti plaintiff had failed to take reasonable trouble find a charter he might have lost the right to his commission, but it was in evidence that he had taken trouble and offered a charter as good in point of remuneration as the one accepted. Defendant would therefore have to: pay Mr. Baron his commission, The other portion of the claim, for commission on the sale of wood would be given in favour of defendant.
Judgment for $80 and costs.
Ang. 26th. Adjourned from Thursday.
Text read from the printed page and cleaned; old type leaves the occasional error.