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''«► ON APPEAL FROM PRINCE EDWARD ISLAND, BETWEEN EDMUND WATERS, Appellant, AND JOHN YOUNG and WILLIAM YOUNG, . Respondents. CASE OF THE RESPONDENTS. The appellant was, at the time when the transactions in question in this cause occurred, and for several years before had been, a merchant in London, carrying on trade in copartnersliip with one Alexander Birnie, under the firm of Alexander Rirnie and Co. ; and he also carried on trade in Charlotte Town, Prince Edward Island, in North America, in copartnership with the said Alexander Birnie, under the firm of Waters and Birnie. The trade of the firm in Prince Edward Island, for several years immediately preceding the year 1813, was carried on by Mr. George Birnie, son of the said Alexander Birnie, and now carrying on business in London together with him, in copartnership. The said George Birnie, during his residence in Prince Edward Island, transacted business as the general agent of Messrs. Waters and Birnie to a great extent, in buying and selling, drawing bills, contracting debts, consigning British and other goods for sale to Quebec and Halifax and other distant markets, and settling accounts in all respects as merchants are used to do in the said isliind. 1m the year 1813, Mr. William Pleace came out from London to Prince Edward Island to succeed Mr. George Birnie (on his return to England) as the agent of Messrs. Waters and Birnie. He was furnished with a power of attorney from Messrs. Waters and Birnie, and also a separate power of attorney from the said appellant Ednnnul Waters ; and from that time until the year 1816, he conducted the affairs of the said Messrs. Waters and Birnie in the island in the same way as the said George Birnie had done before. The said William Pleace, during the period of his agency, importt'd from Halifax property to the amount of 6000/. and upwards upon the account of the said Messrs. Waters and Birnie, and his conduct in so doing was fully sanctioned by the said Messrs. Waters and Birnie, as appears from the communica- tions with Mr. Fade GoH', their agent, hereinafter mentioned. The appellant and also the said Messrs. Waters and Birnie afterwards, in the year \SHi, determined on appointing Mr. Fade Gofl" of Charlotte Town, Prince Edward Island, to succeed Mr. Pleace in the management of the business in the Island, and accordingly they executed a power of attorney to the said Fade Got!'; and the said ap|)ellani I'dmund Waters executed a separate power of attorney to the said Fade Goll, and they transmitted the same, together with a letter, of which the following is an extract, to the said Fade (ioff. B ('. " You will observe to let ull persons know, indebted to the concern jninily or severally, on account of rent, goods, or otherwise, not to pay any one but yourself. You will also cause [notices] to bi' inserted three times, in the Island n«'\vs- paper and Halifax Gazette, sta;,ing that Mr. William Pleace no longer acts as agent to the houRe of Birnie and Co. of London, or of Charlotte Town, Prince Edward Island : and also notify any persons with whom he may have transacted business at Halifax, N(!wfoundland, or other places, of the same in writing. The said Fade Golf, upon the receipt of the said letter and powers of attorney, took upon him the said agency, and immediately published, in the most ett'ecliiai iiiunner, the followi.)g NOTICE. " Messrs. Edmund Waters and Alexander Birnie of London, carrying on tratlr m Charlotte Town, Prince Edward Island, under the firm of Waters anil Birnie, having respectively by powers of attorney, dated at London, 9th of April last, appomted the subscriber their agent in North America to transact all business (>• their concern in the room of Mr. William Pleace, the public are hereby notified thereof, and all persons indebted to the said firm, or to said Edmund Waters, eithiir by bond, note, book-debt, rent, or otherwise, are requested to discharge the same without delay to the subscriber; and those who may have any claims will present them for adjustment and liquidation. • Clmrlouc Town, Prince EdAu>. June 5, IblG." and. (Signed) " FADE GOFF, " Agent to Waters anil Dirnic, and Edmund Water), The said Fade Gofl", by his first letter to the said Messrs. Waters and Birnie, dated June 14, 181C, informed the said Messrs. Waters and Birnie of the steps he had taken, and inclosed therein a copy of the said notice. The receipt of this letter was duly acknowledged by the said Messrs. Waters and Birnie, and no objection was ever made by them to the terms of the notice. The stock in hand of the said Messrs. Waters and Birnie, at the time when the said Fade Gotf became their agent, consisted principally of articles which had remained on hand as unsaleable during a course of dealing for many years ; and as many of them were ill suited to the market of the island, the said Fade Gotf determinetl to consign a jjortion of them for sale to the said respondents, who then were, and still are, merchants, carrying on business at HaUfax, in Nova Scotia, with the intent of taking in exchange oilier articles better 'juited to the market of Char- lotte Town, and likely to be serviceable in assisting him to dispose of the residue of the stock of the said Messrs. Waters and Birnifi. Mr. Fade Goff apprised the said Messrs. Waters and Birnie of his intention in this respect by letter, dated Sep- tember 10, 181(); and again by letter of October 5, 1816, apprised the said Messrs. Waters and Birnie of his having made the purchases in (|uestion in this cause from Messrs. Young and Co., and also of his having made other purchases from Messrs. Moody and Boyle, merchants at Halifax, from whom Mr. Pleace had been in the habit of making purchases in the capacity of agent to the said Messrs. Waters and Birnie. The following extracts are from the two last letters : — Extract of Lfttrr dated Charlotte TuK-yi, September 10, IBlfi. " I have further to acquaint you, that in conseijuence of the recommentlalion of Mr. John Young, of the house of .John Young and Co. of Halifax, who was here a short time ago, 1 have forwarded, consigned to their care, the silks, kerseymeres, velvets, iniligo, and noyau, for the purpose of exchanging them for articles that are saleable in the market. These would not have gone ofi' here for years, and the deciining state of quality ol' part of the goods made some measure of this nature rc(|uisitc. I have also forwarded the cases of furniture, which Mr. Young coiitident could be disposed of to some of the government ofticers." stated he felt l-lvtravt of f.etfer ihted lliilifas, Ihtoher :\ 1816. " In my last I accniainted you I had forwarded the following uns'leable articles, heiiit:; part of your stoeli M I'rince Edward Island, to this niace, addressed to the care of Messrs. John Young and Co., to dispose of to best aclvantage for your account, via. silks, velv»;ts, indigo, noyau, kerseymeres, and the household furniture in cases. These articles coidd not be dis|)osed of at the island, and several of them were lessening seriously in (pialily. Messrs. Young and Co. assure mo that no exertion shall be wanting on their part to get them oft' at the least possible loss : and I have selected from their stock, which is very general, and well laid in, such articles as are suitable for the island sale, which I trust 1 shall be able to run off" there on terms that will counterbalance the loss on the first-mentioned articles. This arrangement was doing the best in my power under the circumstances, and will, I trust, meet your approbation. 1 have also laid in our winter stock of rum and sugar I'rom Moody and IJoyle, payable in spring; the former at 3s. lOrf. per gallon, subject to the long drawijack of li. 1 J. ; the latt;:r at C0». and TO-t,, two qualities. A stock of this kind was indispensable to rimning oft" the other goods, and 1 trust they will leave proKt, and that I shall be punctual in remittances." The said Messrs. Waters and IJirnie, by a letter dated November 8, 1816, replied to the letter of Septend)er 10, 1816, and expressed no disapprobation of the purchases intended to be made at Halifax by Mr. I'ade Goft'; and with respect to the purchases formerly nuide at the same |)lace by Mr. PIcace as their agent, they express them- selves as follows: — " We are glad to hear that you found so little difficulty in getting possession of our property on hand, and hope Mr. I'leace will be able to furnish you with a satis- lactory account of money matters. Mis charge for salary is right, and if he is equally so in profits upon his Halifax purchases il will be well." The said Messrs. Waters and liirnie, moreover, never did, during any part of their correspondence with the said Fade Gotf (which continued down to the month of Apiil 1818), in any way i ,)udiale or ex|)ress disapprobation of the purchases so made, but on the contrary thereof, in their letter of April 8, 1818, they state that tluv have a iiigh opinion of the integrity of the said Fade Goft", and they permitted tlie >,aid goods to be sold by the said Fade Goft on their account, and the produce then-of to be appliiti to their use. In October 1817, William Young, one of the respondents, went to Charlotte {"(twii, whin tin; saks of the goods eonsigne*! to respondent' ijeing exhibited, a bulance was seltie:iiieiil was entered upon the 30th March, 1818; but the said i'aiir (iiiir prevailed on the saiii respoiuieiits not to issue execution on the said Judg- UHiil, ami liie same was suspeniled until the 22d August, 1820, at which dateexeeii- . tinii issued against the laiuied estate of the appellant for the sum of 600/. 14.«. cui- •iii<'\, the l)alai ee then duo, the original debt having been in tlie mean lime ledueed )y pasineiits made l)\ ijie saiti l''ade Ciotl', and by the sale of part of tiic goods tt) llalilax as atniesaid. In the iiiniilli of.fulv. 182'2, the appellant moved C I l.v, ''oiismnei the court th«t the said .,ud«.nen. """ 't m' t.^ nnrhJ i::::^^:?'^ n.JT "1 aside, a,ul the warrant ol ^"onu.y akp . t u. t - .^ „^^ ,,;aaf,cr^vard« tl,. nmdo to that effect, unless ca..sc»h..uldb. shown to the . . >;^ ^ ^ ;^^^, ^^_^ ^^^^^^^^. ^,. ^,,^ saitl resi several r;cfr™ r;i,u™.c «i.i ?ub ... a,»i,a,g..i wi.,, c„.... ing amongst other REASONS: Fir8t,-Because the anpellant having specially authorised th^' ^^id Fade Coff to appear f..r fnm in all courts, n.ust be hound by what he ilocs in pursuance of the said power. Secondly.- Because by the appointment of the said Fade (Joff as the aKC t ol the appellant indniduaily as well as of the saul appellan and Ss partner jointly in the stead c.M'leace, and by the appellant test.- ;.;» disapprobation of the purchas.;s of the goods m q"<;;;tu.n and by permitting the same to be sol.l on the account ot hnnselt anc Is saicFparmer, and the monies to be applied to the.r use, the appellant must be considered to have sanctioned those purchases. Thirdly -Because by allowing the said Fade (i..ff to hold himself out to he world as the general agent of the appellant, and also ot he ap- pellant and his said partner, the appellant became respons.ble h.r acts done by the said Fade Gortin that character. Fourthly.-Because the appellant havmg had the benefit arising from the sale of the goods, ought in justice to pay the price ot them. W. HARRISON. THOS. COLTMAN. h^ t * ^^ m. -»' i