The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-12


IMPORTANT DEcrsIoN-The Supreme Couit o, o,
Mich;osn have lust given opinion, In the case VI
Fitch ~ Gilbert VS. Newbeuy, which VIII go ,ai 10
settle the doctrine regard 20 .s Th ana Of
,bs Court was delivered by Mr.. Justice Ransom.
The facts Of the were these; On the 18Th day
of July, 1885, the plaintiffs shipped al Fort hent,
n > quantity of nails in kegs for Detroit, Mich-
can on board vessel of the New York and Mlchi
San line with the agents OF which the plaintiffs had
Contracted for the transportation of the nails al one
dollar per cwt. from Kent through 10 Detroit, and
paid the freight in advance. The kegs We're mark
ed F. & G., Marshall, Mich; care of Hutchinson
Csmpbell& CO., Detrolt" and proper bill oflading
signed by the proper officer of the vessel on which
they shipped. given for them at the time OF
their Shipment. The defendants and Hunter, Pal
mer Il Co., of Buffalo, and Robert Hunter & Co.,
of Albany, were partners in the forwarding
business, and owners of the Merchants line.
The nails received al Buffalo by the agents of
the Merchants line, from of their canal boats,
the SOLVER Newberry," and with them bill of
an agent of Robert Hunter 81 Co. In this bill Of
adins the goods described as marked F, Il G.
&c , and consigned TO the care of Hunter. Palmer 81
Co. Hunter, Palmer ~ Co.: Aug y, 1888, shipped
their line, for Detroit, TO the care OF o. Newberry
Il Co, the Defts, who received them into their
warehouse Aug IL, 1888, and paid book freight and
charges TO Troy, N. Y, which, with their own
charges Tor storage Nc., amounted to about 500
The Deis had no knowledge of the Plfis'. contract
with the New York and Michigan line; nor did it APP
pear how the goods COVE TO be transferred from
that TO the Defts. line. In the course of tbs sum-
mer and fall, the Pitts. called twice at the
store of Des. and enquired If my Of the
Pitts. goods there, describing them,
and were informed there none. On
the day before the commencement of this suit,
the plaintiffs having ascerained that their nails
were in the possession OF the defendants, called and
demanded them, and the defendants refused 10 de-
liver them until they paid for the back FIRE light
and charges which they had advanced and also for
their own charges claiming right of lien the
goods for such freight and charges which the plain
tltts refused TO pay and replevl sd the goods.
Upon these facts the following points were deci-
ded -
lst. That a common carrier is bound to receive
and convey goods, only when offered for carriage
by the owner or his authorised agent, and then,
upon payment tor the carriage In advance, II re-
CURED.
I'd. If the carrier obtain the possession of the
goods wrongfuly, or without the consent of the
owner, express or implied, and on demand refuse
10 deliver them TO the owner, such owner may
bring replevn Tor the goods, or rover for their
value.
81. To justify lien upon goods for their freight
the relation OF debtor and creditor must exist be-
tween the owner and the Garner, so that action
at law might be maintained for the payment of the
debt seughtto be enforced by the lien.
NOMINATIONS IN MIssIssIrPI.-The democrats have
made the following nominations:-For Governor,
A u. Brown; Secretary of State, G.. R. Fall; Audi
tor OF Public Accounts, j. G. Matthew's State
Treasurer, G.. S, Cook. Ia addition to the above
HoHiiIdtlous, we are informed mat the IOOWlng
persons have been selected for Congress WIN NJ
Gwyn, Jacob Thompson, VIM. H. IIammett, =
Stone.
:, SUPREME COURT UNITED STATES, MARCH 9, ls4s
No. ~. Bernard McKenna vs. Charles B. Fisk. In
error TO the Circuit Court of the United States for
Washington, ID. c. Mr.. Justice Wavne delivered
the opinion OF this Court reversing the judgment of
the said Circuit Court IN this cause with COSTS and
remandlng the same tor a venire facias de novo.-
No "a Sarah ]. Jewell ct al. VS.. Benjamin Jewell,
Ell al. 10 error to the Circuit Court OF the United
States tor South Carolina. Mr.. Chief Justice Ta
ney delivered the opinion of this Court, reversing
the judgment of the said Circuit Court in this cause
with costs, and remandng the same for venire ia
cias de novo
From THE BRITISH PRovINCEs.-Halifax dates of
the 2lst have been received. In Nova Scotia and
New Brunswick party spirit is running high. The
Qualification Bill has passed both branches of the
Nova Scotia Legislature. In the Council an amend
ment was added that 1t should not go into opera
ton until Her Majestys pleasure on it were known;
In the mean time, TO arrest the royal assent, the
conservative press strenuousy urge upon the pro-
vince an immediate resort TO counter-pe tions.-
Thus bill asslmilates the representation to that of
England and Canada, providing for the election, by
any constituency, OF nonresident candidates