Samuel Freeman Miller

“ Taking the evidence all together, it is very clear that Burgess & Sons understood that Bowerman Bros. would attend to the whole affair from the beginning to the end, and, without regard to their special occupation as mere sugar brokers, would take charge of all that was necessary to secure the rights of the plaintiffs in the matter of paying duties, making proper protests, getting the goods through the customhouse, and seeking redress by suit against the collecton if that became necessary. ”

“ We would await the decision in the Welch suit before commencing proceedings, if there is time. Please keep us posted in the sugar case.' On April 27, 1881, Bowerman Bros. wrote to plaintiffs as follows: 'Your favor of yesterday is received. The Kioto sugars are about half out of ship, and we send you to-night, by express, samples and tests of each mark. Our market is quiet but strong. ”

“ This judgment was entered upon a verdict rendered by a jury in favor of the plaintiffs, Benjamin F. and Walter Burgess, under the peremptory instructions of the court, for the sum of $6,105.77, against the defendants, Bowerman Bros. Burgess & Sons were dealers in sugars and molasses, residing in Boston, and Bowerman Bros. were sugar brokers, residing in New York. Burgess & Sons had a large part of the articles in which they dealt, either for themselves or as agents for others, landed in New York, and entered at the custom-house there. ”