The Maritime History of the Great Lakes
Daily News (Kingston, ON), March 13, 1868

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p.2 County Court - David vs Home Insurance Company - The plaintiff in this case, J.J.E. David, of this city, claimed damages to the extent of $200 from the Home Insurance Company, for not carrying out a contract of a sale of damaged wheat in the month of September last. A cargo of wheat which had sustained damage by the sinking of the propeller Magnet was sold by public auction by J.J. Linton, and was bought by the plaintiff, 5,000 bushels at 6 3/4 cents a bushel. The sale took place at the St. Lawrence wharf, at the instance of the Kingston agent of the company, Mr. Swift, and the conditions were cash, before delivery. The sum of $20 was paid down by the buyer as a deposit; the balance to be paid by two o'clock on the day of the sale. Plaintiff alleged that the vessel was to be in a position on the ways at Portsmouth at 12 o'clock on the same day, ready for unloading. The entire cargo to be removed in 48 hours. On the plaintiff going to Portsmouth, to unload the grain, the propeller was lying in the stream, near the ways, supported on each side by a barge to keep her from going down, and it was not until the fourth day that she was got on the ways, but not until after the wheat had been resold to Mr. George Brown for $175, and 700 or 800 bushels (after the re-sale) had been thrown overboard. The plaintiff finding that the vessel was not on the ways refused to pay the balance of the money, and demanded back the $20 deposit, which the company's agent declined to refund. An action is pending against the plaintiff for non-payment of the purchase money. The company afterwards sold a part of the balance of the grain in bags, Mr. Brown taking what he could get and suing for the remainder. For the defence it was contended that the wheat was to be taken from vessel as she then lay at Portsmouth with her stern resting slightly on the extreme of the ways; and that the contract had been violated on the part of the plaintiff by his not having paid the money down by the time stipulated in the conditions of sale. Messrs. Britton and Price for plaintiff; James O'Reilly, Q.C., and Mr. Macarow for defendant.

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March 13, 1868
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Rick Neilson
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Public domain: Copyright has expired according to the applicable Canadian or American laws. No restrictions on use.
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Daily News (Kingston, ON), March 13, 1868