Messrs, ©. H. Overeecs and W, Mrv-CRINK (Assessors). us day. The claim was to recover the price wf 40,000 superficial feet of best teakwood, which defendants agreed to purchase from plaintifis through Hopkins, Dunn and Cv., on 26th August, 1890, payment at the rate ut 82} cauda: reens per cubic foot, on delivery within une month at Taku. The value of the timber claimed was Shanghai Tls. 2,822.23, but plaintifis made ao further claim of Hk. Tls. 109,69 under the following circumstances. They stated that, im accordance with the custom Shanghai, when they delivered the wood they handed to defendants Customs passes to enable them to obtain the drawback on 3,420.89 cubic feet of timber re-exported, which, at the rate of 3} candareens per ie foot, amounted to Ak, Ts, 119.73. Instead of returning to the plaintiffs the passes for the remaining portion of 3,235 cubic feet, the defendants, it was alleged, apparently passed the whole lot, thereby inflicting upon plaintiffs a loss of Hk. Tls. 109.69, the amount of the import duty paid by plaintiffs. In answer to this, defendants stated that they had returned the Customs to Hopkins, Dunn & Ca., to be sent to plaintiffs, and defendants urged that it was not their duty to return the passes to the plaintiffs. With regard to the principal item of the claim, defendants alleged that on the arrival of the timber at Tientain it was found to be badly rent, badly wormed, and to have a great deal of rot smug it; and it was not marketable as good timber. Defendants paid Tle. 1,400 into court as representing the full value of the timber. 1g the first hearing, the
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