“Rule to show cause, why the foreign attachment issued in this case, should not be dissolved. The plaintiff showed cause, By filing an affidavit, in which he stated, that he and the defendant, a Hong merchant at Canton, entered into a contract there, by which the defendant, for a full consideration paid to him, agreed to put on board the Pennsylvania Packet, as the property of the plaintiff, a cargo of teas of the very first quality, for the Amsterdam market; and if the said teas should not prove of such quality at .the sales in Amsterdam, he, the defendant, bound himself to make good all deficiencies. That the cargo so put on board was landed at Philadelphia, and afterwards reshipped to Amsterdam, without having suffered any kind of damage since, the purchase; and the plaintiff alleges that he has been informed, and believes that these teas arrived in safety at Amsterdam, and were there landed and store-housed free from all damage. But, upon examination by a sworn officer, they were found, with a trifling exception, to be of the most common and indifferent kinds, and were sold by the East India Company at Amsterdam, for the highest prices that could be obtained, and that the difference between the best price that could be, and was obtained for the same, and that which an equal quantity of the qualities contracted for, according to the rates of sale, at the same time and in the same place and mode, amounted to four thousand five hundred dollars; in which sum, exclusive of interest, the plaintiff avers that the defendant is justly indebted to him.”
2 Wash. C. C. 382