Carrington

By the Court,

The plaintiff made a contract with the defendants to carry him from Hew Orleans, on their steamer, which was to leave that city for Chagres on the 15th day of December, 1849. He arrived at Hew Orleans on that day, and, apon ascertaining that the ticket which he had bargained for, was not a “ through ticket” to California, bat was only for his conveyance to Chagres, he desired to exchange it for a through ticket on the steamer which was to leave Hew Orleans on the 15th day of January. The agents of the defendants, Messrs. Paradise, Laurisson & Co., assented to this, but refused to release the plaintiff from his engagement to take passage by the steamer of December 15th, unless he would pay them ten dollars. The plaintiff accordingly paid the ten dollars.

The agents then informed the plaintiff, that on the 17th day of December, they would sell to the first applicants, forty through steerage tickets for the steamer which was to sail from Hew Orleans on the 15th day of January, and the plaintiff* then made a deposit with the agents of two hundred dollars in payment for one such ticket for that steamer. On the morning of the 17th day of December, the plaintiff applied…