Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-03-26

Mr.. Brstlsr, clerk TO Fielder q Co. testified that he
handed the preliminary proofs to the President OF the
Of ladins Of the madden, the freight ON which was
el64, signed by the master Of the Vanilla.
The protest was also read, ~ made and taken be-
fors Mr. Joseph Leonard, notary public on the Oath
OF May. The protest was signed by Capt CrasnneR-
burgh, Mr.. Hacker, the mate and Mr. Hass, seaman
on board the galiot.
Mr.. Gillender, port warden testified that himself
and Reuben Hope examined the madden on board Of
the Vanilla, and found that the casks all well
slowed. This was on the oath of May. They broke
out from their stowage four of the casks, and found
that they were stained by water.
George w. Summer, commission merchant and
drug broker testified that he examined the madden Ia
question: and thought that the whole OF II was dam
aged to the of about average OF 70 per cent
He gave II a thorough Inspection and haa the slaves
OF the casks stripped off. There are tive dlfierent
classes of madden:
Crops worth about Ia cents per 10.
Little crops IL
Ombros, III
Little Ombros,
Canine, 7toe
All these varieties are sometimes mixed up in the same
package. He thought that the madden IN question
was worth about IL 2 cents per To- for cash. IL was
an article that seldom sod for cash; generally al
months.
Mr.. Robert r. Minturn examned-He made sale
of these 20 casks of madden at the store of Fielder
Co.'s store on the 10th of June 1887. 1t was sold at
from 5I-2 to cents per ID. The sale was duly an
nounced in all the public papers; there was pretty
good attendance of bidders; times were bad; money
was scarce; sales of all kinds were DALI the mad
der might have fetched more
After the sale over, he left the store ne met
Mr.. Evers, the President of the American Marine In
surance Co. who asked him if he had finished the
sale of the madden.
The Counsel for the plaintiff here rested his case.
He stated that he had made calculation OF Inc
| amount of loss, which appeared as follows :,
The twenty casks of madden, if not damaged, would
have brought $2S3l 81. The nett amount OF the
sale was 1851 80; deducting $40 for apPrasement.
| and S52 70 for auction expenses; leaving balance
| of $ll50 g. which was the amount now claimed by
| the plaintiffs of the Company.
For the defence contended that the plaintiffs
could not sustain their claim, as in their declaration
they had made valuation of the 20 casks OF madden
| much less
Judge Jones over ruled this objection, by referring
to the general policy for $4,000 which he stated was
an open policy and that therefore there could be nc
| valuation about it.
| For the defence, Mr.. Woolley and one other per
son were examined They testified that they exam
| ined the madden were only quarter OF an hour II
doing so; they had been dealers in madden for many
| years, and were well acquainted with the article
1t was apt TO become discolored by exposure to thu
air; but not therefore consequently injured or de
terieraed in value. They examined the 70 casks o
madden on the 9Th of June, for the Insurance Com
pany, and made the following table of the damage
done TO the same
casks not injured.
cask damaged, ! per cent.
.