Daily News (Kingston, ON), Dec. 16, 1864
- Full Text
p.2 County Council - Gildersleeve vs Karsh - Action for breach and non-fulfilment of contract, brought by Charles F. Gildersleeve against J.D. Karsh, of this city. The plaintiff had a quantity of wood on the bank at Collinsby for the purpose of supplying the steamer Empress, then running between Cobourg and Rochester, touching at Whitby, Brighton, etc. Alexander Brown, the business man of Mr. Gildersleeve, entered into a contract with the Captain of the schooner Feu Follett, who was to go to Collinsby with his schooner, and take 152 cords of the wood hence to Whitby, at 85 cents a cord; but he agreed that, as the schooner drew too much water to go near the bank, he would take 75 cents per cord if the wood were taken out to the schooner. An agreement was then made with the defendant to go to Collinsby with his scow and a certain number of men to put the wood on board the schooner, the two vessels to go up and arrive together at Collinsby. The schooner was then to take the wood to Whitby by a certain time; but as the defendant had engaged only half the number of men agreed upon the loading of the schooner was so slow that the Captain of the Feu Follett had to sail with only part of the cargo, leaving half the wood behind; the plaintiff having to pay for a full cargo, as if the vessel had been fully laden. Any portion of the wood not taken from Collinsby to Whitby was to have been brought to Kingston on the scow of the defendant, which was not done, and a portion of the wood was lost. The difference between the price of the wood at Collinsby and the price of wood at other places where they had to purchase in consequence of non fulfilment of contract, was also taken into account making the claim against the defendant $150. The defendant pleaded the extreme difficulty of loading in consequence of the high bank at Collinsby, and that there was sufficient wood on the wharf at Whitby for the Empress' use. The defendant also pleaded unfavorable and stormy weather, and the exposed situation. Sir Henry Smith Q.C. for the plaintiff, Mr. Machar for the defendant.
-lake defences - American paper talks about building six new steam revenue cutters for the lakes - this will result in British introducing gunboats to lakes.
p.3 Imports - 16th - Str Watertown, Cape Vincent - (mixed cargo)
- Media Type:
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- Date of Original:
- Dec. 16, 1864
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- Rick Neilson
- Copyright Statement:
- Public domain: Copyright has expired according to the applicable Canadian or American laws. No restrictions on use.
Maritime History of the Great Lakes