CIVIL SUMMARY COURT, Shanghai, Nov, 22nd, Before R. A. Mowat, Esq, Geonce Hpozoocr, x, Janptse, Matmmsox Plaintiff, who conducted bie own case, ened defendants to recover $92, commission alleged to have been overcharged on account rendered, Defendants were represented by Mr. Mace Clymont.
Plaintiff deposed—I am master of the British barque Letty Gales. I am also part owner. Iwas consigned inward from Freemantle to Messrs. Jardine, Matheson & Ca., with a cargo of sandalwood,' Mr. MacClymont asked mo what I was going to do for future employment for the ship. I told him L was in no hurry, jon being that on leaving Freemantle the ship took the ground, and on arriving at Shanghai I found it necessary to put lier into dock. 1 also told him that business was very dull, and therefore I should look around to sce what was doing. He asked me if the firm should look around also, and I told him he could please himself, but that I should take the best offer I could get, I also said if Messrs. Jardine, Matheson & Ca, offered me as much as other charterers, I would do business with them, if not L should go elsewhere. MacClymont did not offer me as much others. At all times I had better offers outside than he offered me, I never wont to other brokers, They cent notes tome, I hai telegraphed to my owners in Freemantle about the accident to the ship, and used to go to Jardine's office almost reply telegram,—Wh the offer was made to of 2.25 to go to for a.cargo of coal. Ultimately I ip through Mr. George 30, and paid him five per cent, comm Mr. MacClymout did not offer mo that I cannot say if he had the
Nagas offered, to offer, but Messrs. per cent. from my account ay commi as though they bad procured me a charter now sue to Fecover the amount so char They charged upon 800 tons freight, I coun the freight would amount to so much, being hat Tam to pay him five er cant. Thave not paid Mr. Lewis, the arrangement upon the freight when the ver is dis.
Toannot say how much money that will be, because the ship has not been loaded dead-weight before.
By Mr, MacCuya1ont—I asked you if you would divide the commission with me. You declined, and said your firm did not do Dusiness in such a mauner, We do the same thing in London, as a rule, and I thought I could do it here. It is not for the benefit of the captain, but for the good of th You did not do it, I did not say the ship was in your hands, to find her employment, Luever at any time said she was, I told you L should take the best offer could get or that you could get for me. I do not remember Your telling mo Messrs. Jardine's method of Going business, I cannot swear that you did. not tell me that if the ship was not put altogether in your hands, you could not have anything to do with her' Tremember seeing Mr. Sharp in your office several ti cannot say what took place in his presence, The comparative advantages of a voyage to said I thought Nagasaki was the best, You Foochow or Nagasaki were spoken of, and I
told me the market was getting firmer. I cannot remember that I was asked to come back the next day, after one particular day, on this special business. I mentioned to you that I had been offered Letter terme than yours, and you said that what you then offered was all you could get. You did say that you were prepared to give the best offer in the market; but I got better offers than vents. Idid not mention to you at all had accepted the other charter.
His Hoxovs ems to me that this is a question of evidence simply. Plaintiff says you asked him if you should get a cargo for
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