$3077 23 sixty days after sight, and refer to
my letter of this day."

On the 13th of February, 1807, he wrote the defendant:

"I have engaged 150 bales for account of Messrs. John Taber & Son, at market price, which I expect in town in a few days, when I shall without delay ship the same on board the Mac, making the 220 bales in all. This commencement, I hope, will encourage shippers to give us some freight; at all events, I shall keep you duly advised of my proceedings. Under date of the 6th inst. I took the liberty of valuing upon you 301 dollars 22 cents sixty days after sight, to the order of Jacob D.

Stagg; on the 12th inst. 573 dollars, to the order of Samuel Lord, and shall continue drawing as opportunity offers."

On the 16th of the same month he wrote the defendant:

"The present merely serves to inform you, that I have this day valued upon you 600 dollars. Say six hundred dollars to the order of Benjamin Labarte, sixty days after sight, and request you to honour the same, and place to account of J. T. & S."

On the 20th of February, 1807, the defendant wrote the plaintiff:

1818.

Lanusse

V.

Barker.

1818.

V.

Barker.

"I am in daily expectation of hearing of the Mac's Lanusse progressing for Liverpool. Before this reaches thee, I hope she will have sailed; if not, please lose no time in despatching her. That thee may be fully acquainted with the wishes of her owners, I annex a copy of the last letter I have received from them, and request thee to comply with their wishes in every particular."

The copy of the letter from John Taber & Son, referred to in this letter, is as follows:

"JACOB BARKER,

"Portland, 2d mo. 9, 1807.

"By last mail we received thy favour of the 2d inst. enclosing one from Captain Swaine to thee. We notice thy proposition for us to give liberty for the Mac to take freight for any port in Europe, but as we have got her and her freight insured in Liverpool, at and from New-Orleans to that port, we wish to have her go there, even if we load on owners' account. We are well satisfied that Lanusse hath not yet loaded her, as we have no doubt cotton will be much lower in a short time. And as we apprehend that shippers of cotton will now turn their attention to other parts of Europe, we think the probability is, that cotton will be in demand in Liverpool by the time the Mac will arrive there; we likewise think it will answer to ship good flour, and probably some good staves can be purchased; we had rather have her loaded on our own account with those three articles, than to take freight for any other port, but we think there can be no doubt, but that when she begins to load on owners' account, that some consi

derable freight can be obtained. We really wish thee to write Lanusse to despatch her, with liberty to take two thousand barrels of good fresh flour, if freight does not offer sufficient with the five hundred bales of cotton before ordered, to load her without delay; as we have no doubt good flour will answer, and we cannot think of her being longer detained at NewOrleans.

(Signed)

We remain, thy assured friends,

JOHN TABER & SON." And on the 3d of March, 1807, the plaintiff wrote the defendant:

"The present merely serves to inform you, that I have this day valued upon you 10,000 dollars. Say ten thousand dollars, payable sixty days after sight, to the order of Mr. Thomas Elmes, and request you to honour the same, and place to account of J. T. & S."

On the 6th of March, 1807, he again wrote the defendant:

"I refer to my respectful last of 13th, 16th, 24th ult. and 3d inst. the contents of which I confirm. On the 16th I valued upon you for 600 dollars, and on the 3d inst. for 10,000 dollars, making in all the sum of 16,351 3 cents, on account of the shipment per Mac, for account of Messrs. John Taber & Son. I have already bought 72 bales at 22 cents, 107 do. at 20 cents, 175 do: at 20 cents, together 354 bales, and 30m. staves, amounting to about 22,000 dollars. There remains 146 bales more to be purchased, which I hope to get; the total amount, with charges and com

1818.

Lanusse

V.

Barker.

1818.

Lanusse

V.

Barker.

mission, will be about 34,000 dollars-for which sum I shall order Messrs. Rathbone, Hughes & Duncan, to get insurance effected. I shall continue to draw on you as occasion presents."

On the 11th of March, 1807, he wrote the defendant, informing him that he had drawn on the defendant to the order of Mr. F. Depau, for 6,000 dollars, and to the order of Mr. J. P. Ponton for 691 dollars and 50 cents.

On the 15th of April, 1807, the defendant wrote the plaintiff:

"I have this moment received the unpleasant information of the failure of John Taber & Son, therefore beg the favour of thy taking every precaution to secure my claim on them for the payment of the cotton thee has shipped for their account by the Mac. If that ship has not got clear of your river, take up the bills of lading and fill up new bills, consigning the cotton to my order, forwarding me several of the bills, and instruct Captain Swaine to hold the cotton until he hears from me; and if part of the old set have gone on, let them go, but take a new set, and make all the freight money payable to my order, and if she has got clear of the river, make an arrangement with the shippers of the cotton to pay thee the freight money, and give them a receipt for it, forwarding that receipt to Liverpool, but for the consignee to keep as a secret that the freight money has been paid, until they get all the freight goods."

And on the 16th of April, 1807, the defendant again wrote the plaintiff:

"I have taken the best counsel, and find the goods per ship Mac can be stopped for thy account in transitu, and have therefore taken all the steps in my power to have that object effected; and shall succeed so far as to keep the property at thy disposal until thy power reaches Martin, Hope & Thornley, which will enable them to hold the property for thy use; therefore send the power by the packet, and send duplicates and triplicates by other vessels, and several copies by mail and packet to me to be forwarded; also draw on Rathbone, Hughes & Duncan, for the whole amount of shipment, ordering Martin, Hope & Thornley, to pay them 1000 pounds of the amount drawn for, if they accept the bills. Confirm what I have written, copies of which I enclose for thy government. Thy bills on me will all be protested for non-payment, that thee can say thee has not received pay for the cotton, but shall endeavour to furnish money that will prevent disappointment to the holders. This, my counsel tells me, is indispensable, to enable thee to benefit by transitu, which cannot be done by any other person, nor by thee after thee gets pay for the goods shipped."

And on the same day the defendant wrote to Martin, Hope and Thornley, of Liverpool, as follows:

"I enclose a letter written as agent and friend of Paul Lanusse to Rathbone, Hughes and Duncan, which you will have the goodness to hand them, and make a memorandum of the delivery, and endeavour to make the contract for Lanusse as therein mentioned, and I will indemnify you from all loss in so doing; if you cannot make an absolute agree