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giving to Gardner at the same time, the following letter of ALBANY,

· August 1803 instructions : “ CaptGideon Gardner,

Lyle v. Clason « New-York, 26th July, 1794. Clason v R. &

1. Lyle. .“ Dear Sir, in “ You will please to take charge of the ship Joseph, " and proceed as fast as possible to France. I shall not "confine you to any one port, but by all means endeavor " to get into any port, the first that you can make, which, " if you are fortunate enough in arriving safe, you will "immediately apply to one of our American Consuls for " instructions, respecting the customs of the place, and "there make sale of your cargo to the best advantage for "my account ; perhaps you will be able to make a sale of "the whole to the Republic of France, at a good profit, by " taking part in brandy; which, if so, and the brandy "should appear to you of a good quality, and at such a "price as you might judge would answer to bring here, " you will do it; if not, you will endeavour to sell for "cash, and if times should appear favorable in England, "you will remit the greater part of your avails to Messrs. “ Bird, Savage & Bird, merchants in London ; and if you I don't find freight from France, or any other article that " will answer, you may run to any port in England, and " either load there with salt, or get freight, whichsoever "you may judge will be most to my interest. However, "it is impossible for me to give you any positive instruc"tions, from the precariousness of the times; much will " depend on your good judgment on your arrival, I "think likely you may see or hear from Robert Lyle, if so, "he will give you very essential assistance in your negocia. "ting your business in that country. . . “ I am, Sir, &c.

“ (Signed) ISAAC CLASON.” Gardner set sail with the Joseph, and, on the 4th September, 1794, arrived at Cherbourg. From thence, he addressed himself to Delard, Swan, and Co. and on the 9th of October, 1794, wrote them thus;

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V. Cason, and

On the seventh of December following, Gardner a!. ALBANY:

* August 1803. dressed a letter to Lyle in these terms:

i . “ Cherbourg; 7th December, 1794. ogheres Dear Sir,

Clason v. R. &

1. Lyle I received yours of 15th November. I arrived here 44th September, and proceeded to Paris anil delivered the * cargo ON THE CONTRACT OF 53 ; and as Mr. C. was in * advance for the whole, I arranged it for D. S. to have « one third, agreeable to the account annered. THEY ARE " TO SETTLE WITH YOU FOR ONE-THIRD OF WHAT YOU “ ARE ENTITLED TO, AND MR. C. TO SETTLE WITH YOU “ TWO-THIRDS, after delivering the cargo, and the receipt " presented for payment. There was a suspension of all

payments in bills or money. I returned to Paris, and, « after a long and tedious detention, I obtained bills on

Hanıburgh, though not at the rate agreed for. They " are at 90 days, and the exchange 185 livres for 100 "marks banco; which bills I forwarded by post, to Lu* bert and Dumas, who, I understood, did your business " there, I was fearful you were in England by what I " had heard, or I would have sent them to you. My or" ders to them were, to negotiate the bills, and remit the " nioney to B. S. & B. London, on Mr. C's. account, ex“ cept there should be an appearance of war. In that case *they are to consult you. (I was cautioned by Mr. C. in " respect to that.) I presented a petition for demurrage, &c. " to the amount of £250 sterl. which has passed 2 or 3 offi"ces, which I wish you to press hard for. I sent two bills " by different posts, and wrote you. I have two-thirds of a

cargo of prize salt on freight; about £400 sterl. freight * It is almost half on board, and am taking in the rest; "shall sail in a few days for New-York, and expect to re" turn as fast as possible with the remainder of the contract. "Swan is gone to America. Mr. C. shipped by Captain "S. Armour about two hundred tons—Major Conolly is

the supercargo. They have sold to individuals for spe"cie. I have wrote B. S. & B. since I sent the bills, and He also informed them of this other cargo.

13,810

ALBANY, Account of my Cargo.
August 1803.

By Sales
To the cost in America,

of Two Hundred and Lyle v Clason, as per invoice, 12,020 40 Sixty-one Tons and

and Insurance, 5 per cent. 601 0 2 286 lb. at 53 pounds Clason v. R & I. Lyle.

per cwt.

12,621 4 2
Interest on do. from Ist

The amount of Bills 1
July, to 1st Decem-

cemitted is, M. Banco, 158 786 10
ber, at 6 per cent. 315 10 71
My Commission, 1,000

To this, Delard & Co. added, “ Ap. Freight, 1,200 Sterling, 2.17 6 & proved this account; the assignats to

be settled at ten, and Clason obliged to New-York Currency, 16,070 i 5 satisfy Lyle for two-thirds of his com

| mission, or gratification." 16, Sterling,

9,039 8 4 3,200 7 10

(Signed)

D. S. & Co."

1,600 3 104,800 11 8

13,840 Paper Money expences

on the Cargo, was . 2,795 livres, 2-3 1-3.

In the month of March 1801, Robert Lyle arrived in New-York.' Clason refusing to pay the two-thirds of the fifth of the emoluments arising from the contract with the French Republic, in April 1801, Robert brought the present action against him. Shortly after which, Clason arrested Robert & John Lyle in the cross suit, for a very considerable sum of money.

In December 1801, both causes were, by order of court, referred.

On the 10th March following, the attorney for Robert Lyle submitted the following proposition to the attomey of Clason.

“ As the suit instituted by Mr. Clason against Mr. 6 Lyle, does not include any claim for damages, arising « from the misconduct of the latter, and more particuu larly, for damages like those claimed on the business of “ the Hare, it would be proper (lest these should be made " the subject of a future suit, on the part of Mr. Clason, " on the ground of an objection to the report on the part “ of Mr. Lyle) that all claims and controversies of this

i nature, be included in the submission already made, “ which, in a legal point of view, extends only to the sube “ ject matter in difference, in the particular suits refer. * red. (Signed) THOS, L, OGDEN, for Lyles.

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