John Marshall

“ While payments were to be made in New York, the agents in the transaction were in some measure within the view of Mr Edmondston. He could observe their situation, and act for his own safety. This power is essentially diminished, when a bill without his knowledge, on a house of whose stability he may be ignorant, is remitted at sixty days sight to England. It is on every reasonable calculation, at all events, a prolongation of the risk.
The contract at the Havana may be considered as one to be performed immediately. It does not appear that any time was given for the shipment of the coffee ”

“ He might observe, generally, the shipments made on account of the Robsons to New York, and be led to farther inquiry by any apparent remissness. Drake and Mitchel seem to have given him the information with this view. After saying they are to draw on Messrs Goodhue & Co. of New York, they add, 'Mr Robson, or his friends, remitting the money to these gentlemen to meet our drafts.' It was essential to Mr Robson, or to the friends by whom the remittances might be made, that the place and persons to whom they might be made should be fixed. ”

“ J. and T. Robson, to the amount of forty or fifty thousand dollars, which sum they may wish to invest through you in the produce of your island. Whatever engagements these gentlemen may enter into will be punctually attended to. With my best wishes for the success of this undertaking, I am, gentlemen, yours respectfully, Charles Edmondston.
On his arrival in Havana, Mr Robson presented his letter of credit to Messrs Castillo and Black; who being unable to undertake the business, introduced him to Drake and Mitchel, and showed them the letter of Mr Edmondston, but did not deliver it to them. ”

“ Third. And the counsel for the defendant argued to the court, and requested the court so to instruct the jury, that if the defendant was bound at all to the plaintiffs, he was bound for the performance of the agreement made between the Robsons and the plaintiffs, as set forth in the letter of Thomas Robson to them, dated the 28th of April, and the plaintiffs' lettter of the 29th of April 1825, to the defendant; and that the arrangement afterwards made between the plaintiffs and Robson, for payment in London, instead of New York, was an alteration of the contract ”

“ And we have already drawn upon Messrs Goodhue and Co. twelve thousand six hundred and ninety-nine dollars twelve cents, with premium, three, and two and a half per cent; three hundred and thirty-seven dollars and forty-three cents, and to complete this account we have again drawn on the same, two thousand and seventy-one dollars and thirty-four cents, at two and a half per cent, two thousand one hundred and twenty three dollars and twelve cents ”