COURT OF KING'S BENCH.
Friday, 7th January, 1842.
Before Mr. Justice Rolland and a Special Jury.
Goodwin and another;
Henderson & Hooker.
This was a case of some importance to the Mercantile community. The Plaintiffs, who are speculators in wheat, bought a quantity of some 8000 bushels towards the close of the year 1839 in Ohio, which they brought out in two schooners, and consigned to the house of Macpherson & Crane at Kingston, to be forwarded to Montreal. Macpherson & Crane refused to receive the wheat, declaring they had more on hand to forward than they could conveniently do. In this emergency the plaintiffs applied to the Defendants, who have a branch of their firm at Kingston, who agreed to forward a part of the wheat (some 2000 bushels) to Montreal, in one of a brigade of boats which they daily expected to arrive at Prescott. That the remainder should be warehoused in the Defendant's stores, at Prescott, and might be conveyed early in the spring, the lateness of the season (about the 15th of December) and their other engagements precluding the possibility of forwarding more than 2000 bushels. Wheat at that time commanded the rather high price of 7s. 6d. per bushel. The barges, however, never reached their destination and the wheat remained in the stores of the Defendants at Prescott, and did not arrive at Montreal until the September following, when wheat had fallen 2s. per bushel from the price it ranged at when the agreement was entered into. The Plaintiffs now bring an action of damages assessed at £1050 for the loss incurred by them in consequence of the non-fulfillment of their contract.
The examination of witnesses, and the addresses by the respective Counsel occupied the whole day. Mr. Justice Rolland, after summing up, in a lucid and learned charge to the Jury, laid down the law which he considered applicable to this case, and touching upon the peculiar business carried on by forwarders in this Province.
The Jury, after a short absence, brought in a verdict for the Plaintiffs of damages.
Messrs. Fisher & Smith appeared on behalf of the Plaintiffs, Mr. Walker for the Defendants. [Montreal Gazette]
Rumours have been rife in town the last two days of an attack from the American side on H.M. steamers Minos and Toronto, now lying at Dunnville. From an authentic source we have received the following statement of the circumstances out of which all these rumors have arisen. A despatch has been received from our Minister at Washington, conveying intelligence received by him from the American Government, to the affect that 300 of the vagabonds calling themselves patriots, were about to leave the St. Clair with the intention of destroying the steamers above mentioned, and that the attack was fixed to take place tomorrow. In consequence of this information 3 companies of the 67th Regiment, and a detachment of the 3rd Battalion have been despatched to the scene of action, and if the pirates make their appearance there will doubtless be an excellent account given of them. [Niagara Chronicle]
A new steamer, named the America, was on Wednesday launched in capital style from the yard of our Harbor and Dock Company. Mr. Bethune is owner of the new vessel, which is five feet longer than the Traveller, will be propelled by one engine of 60 horse power, and is intended to ply between Toronto and Rochester. [Niagara Chronicle]
p.3 New Arrangement - We learn that the Hon. John Hamilton and Donald Bethune Esq., the Mail contractors, have entered into an arrangement by which Mr. Bethune will have the line on Lake Ontario, from Kingston upwards; and Mr. Hamilton from Kingston to Dickenson's Landing. Mr. Hamilton's new and beautiful boat, the Canada, recently built at Prescott, will ply on the opening of the Navigation, on Lake St. Francis. The Highlander, well known on the Lake, will take her place on the route from Montreal to Quebec.
We beg to call the attention of our readers, to an advertisement of an improved method of Propelling Steam Boats, the recent invention of Mr. Walker, Civil Engineer of Montreal, which will be productive of the utmost advantages to the commercial community in every part of the Province, and the high standing of the Agents, "The St. Mary Foundry Co." of Montreal, offers the best guarantee of the efficacy of the invention. We wish them every success.
By Her Majesty's Royal Letters Patent under the Great Seal of the Province
"Improved Guard Propellers."
The Public are most respectfully informed that orders for the above Propellers, with Engines upon the most improved construction, and all information relative to the same, may be obtained upon application to the St. Mary Foundry Company in Montreal, who are appointed sole Agents for the Province of Canada.
Kingston, 17th January, 1842.