The petition of the above-named plaintiff against the above-named defendant show:
(1) That the plaintiff is a corporation organised under the laws of the State of Maine and engaged in general mercantile business at Shanghai, China.
(2) That the defendant is an American zen and within the jurisdiction of ti Court.
(3) That the defendant, as a. partner of Josef EH. Giller, and doing business under the name of Josef E. Giller, chartered from the plaintiff the steamship Protec-for for the period of three months, for which ho agreed to pay the plaintiff the sum of $10,000 per month as per the charter party for the said steamship Prorector, and which charter party the plaintiff beg to filo herewith as apart of his petition as showing more fully the terms and conditions of said charter.
(4) That the defendant as a partner of Josef E. Giller and doing, business under the name of Josef E. Giller entered into written agreements with the plaintiff under dates 23rd and 24th August 1901, and which the plaintiff begs to file herewith as a part of this answer as showing more fully the terms and conditions of same.
(6) That the plaintiff has complied with the terms and conditions of the said char-for party and the said agreements, but the defendant has failed to comply with the terms and conditions of the charter party and agreements aforesaid, and by reason of such failure on the part of the defendant the defendant is indebted to the plaintiff in the sum of Ts. 13,000, which sum the plaintiff has demanded payment of the defendant who has refused and still re fuses to pay the same.
Therefore the plaintiff demands judgment against the defendant for the said sum of Tls. 13,100, for costs and other relief.
(Signed) The American Trading Company per Chas. A. Edwards sub-agent.
Signed) Edwin Lamme. Attorney for plaintiff.
Comes now the defendant in the above entitled action and for answer thereto admits that he is a naturalised citizen of the United States of America, and that ho was formerly a subject of the Empire of Russia; saving this exception he denies each and every material allegation in each and every paragraph of the plaintiff's complaint.
For a cross complaint to said action the said Samuel Zimmerman complains and alleges that he neither reads nor writes the English language and that his partner J.B. Giller neither. reads writes speaks the English language, that the American Trading Company was fully cognizant of the said facts, that through grossly false and fraudulent representations and by trick and device, which said representations they knew at the time to be grossly false and fraudulent and which trick and device they deliberately prac:
and which they made for the pur-pos 0 of deceiving and taking advantage of the said J. E. Giller, lured the said J. Ft E. Giller into the offices of the American Trading Company at Shanghai, China, and by said false representations induced the said Giller to sign a document which he could not read, which was falsely translated to him by an agent of the American Trading Company, to be a charter party for the s. Protector at actual cost price for three months at $10,000 por month, plus 24 per cent commission theron, to be paid to the American Trading Company as his agents. That the agent who translated said docment had a contract with the American Trading Company at the time to share 4 of any profits the American Trading Com: pany should, realise from the said J.
iller in. said enterprise.
That the books of the American Trading Company set forth the said agency, that the accounts rendered the said J. E. Giller sot forth the said agency at a commission of 2} per cent on the said charter party per month.
That the American Trading Company more than a year after entries were recorded in their said book< have crime mally falsified said books and rendered other accounts omitting said commission as agents on said charter party.
That in truth and in fact the actual cost price of said charter party was not $10,000 Mex—but $9,750 Mex—that the American Trading Company charged 23 per cent commission on the full $10,000 Mex.
That on said charter party the said JO. Giller and the said defendant Samuel Zimmerman paid unto the American Trading Company the sum of $5,000 Mes. on said charter party and in addition thereto the further sum of $5,989.46 Mex. fon a coal account as is more specifically set forth in the Bill of Particulars annexed hereto and made a part hereof.
Because of the aforesaid false and fraudulent representations made as aforesaid by the American Trading Company, the said Samuel Zimmerman prays ¢ jis Honorable Court for a rescission of said charter party and that he be given judgment against the American Trading Company for the actual money paid them, to wit: $10,989.46 Mex. and for such other and further relief as to your Honorable Court may seem meet and your petitioner will each pray.
For a second cause of action the said Samuel Zimmerman complains and alleges that on the 23rd August, 1901, at Shanghai, China, through J. E. Giller, his partner, he mutually entered into a cou-tract with the American Trading Company, which contract is duly filed with the clerk of this Honorable Court.
The said Samuel Zimmerman has always been ready and willing through his partner, J. E Giller to perform his part of the said contract, and on 1st. November 1901, 0. S. (14th ' November, 1901, N.
paid to the American Trading Com: pany the sum of Roubles 5,000 for th ment of certain goods under th contract.
The American Trading Company asked for the said Roubles 5,000 and promised upon the receipt to ship the said goods. The said sum of Ronbles 5,000 was sent to the American Trading Company and a receipt was received from them there: for, but the goods were not. sent.
Because of the said breach of contract the said Samuel Zimmerman and J. Giller have been damaged in. the sum $65,666.67 mex. as is more specifically set forth in the Bill of Particulars annexed hereto and made a part hereof.
Wherefore your petitioner pr: judg: ment for said sum together with "such other and further relief as to your Honorable Court. may seem meet and your joner will ever pray.
Text read from the printed page and cleaned; old type leaves the occasional error.