His Honour Judge Lobingier has given judgement in the U. 8. Court for China. upon a demurrer introduced in an action by Hsieh Po-hsiang v. the Shippers' Commercial Corporation, The demurrer was interposed to the petition of the plaintiff by Mr, Bryan, of Messrs, Fleming, Davies & Bryan, and was opposed by Mr. E. P. Allen.
In_his order Judge Lobingier state'
'A demurrer is here interposed to a petition seeking recovery on a series of instruments which were executed by the defendant, addressed to plaintiff's alleged representative, relating to the purchase "strapping hoop iron'" and reciting as follows: "We hereby confirm transaction consummated with you to-day covering your purchase of the following, subject to the conditions stated on the back here->f and acceptance at Seattle office."
It appears from a copy of 2 letter from defendants mana; that "on December 9 our Shanghai office received a cablegram from our head office advising that they should not accept these contracts.""
This letter appears to have been written on March 18, in reply to one of the previous day from plaintiff. and the former letter further recites that "the contents of this cablegram were made known to Mr. Murray and as at that time you were the head of the compradore department of J. M. Murray & Ca. We considered the notification of the manager of said company sufficient notice of the nonacceptance of these contracts."
The instruments first above referred to were executed, with one exception, on November 19, and it would appear from the whole petition including the exhibits that as soon as these instruments had reached the Seattle office by mail it sent the cable referred to, Plaintiff's counsel contends that by failure to notify plaintiff earlier, of the non-acceptance, defendant actually effected an acceptance which consummated a contract in each instance and that the clause requiring "acceptance at Seattle office" was thereby nullified. But the instruments of November 19 purport to be nothing more than "confirmations"? ile., acceptances of offers previous-
Text read from the printed page and cleaned; old type leaves the occasional error.