The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-05-07
LAW Intelligence.

UNITED STATES DISTRICT CouRr-IN ADMIRALTY
Before Judge Betts-James r.. Goodrich et al rs John
Noryis.-Written opinion.-Action on n bill Of la
ding for not delivering ve barrels of ripe ut Boston
conformaby to the undertaking in the bill of ladng
Defence. that the five barrels in fact laden
on board defendants vessel Held that defendant
not excluded by the bills of ading from proving the
barrels not received by the vessel but held all
the proofs that the weight Of the evidence was in favor
Of the libellants and decrced that they $50
with interest from December 3 lS46 and costs TO be
taxed
paientine Lana rs. The brig Henry Buck.-Wrtten
opinion-This litigation was very protracted and ex
pensive various motions and EXCEPTIONS subse
to the decree the merits. The only substantial
equity to be adjusted Is that of costs Held that both
parties summary costs and that after nut ual
OIL between the parties the balance of costs and the
by the iibellant
Champion opnion.-Libel for collision of
the steamboat in this harbor with the libelants soop
(Mary) Held, that steamboats, not chargeable
with the whole responsibility of avoiding sailing
ses when approaching each other in opposite direc
tons Sailing vessels bound to all reasonable
precauton for their safety and to avoid injury to
steamboats, Held that if under the circumstances of
this case the soop is excusabe for not exhibiting
light to enable the steamboat her posi-
tion the preponderance of proof is that the COLI
sion was brought about through inattention and mis-
conduct OF those managing the sooP and not from any
fault on the part of the steamboat. Ordered the libel
dismissed with costs
John "A. Bradstreet Us. Heran Lees & Co.-wrtten
opinion for freight of 7O5 bales of cotton from
New Orleans to New York, consigned to the defend
ants, to whom the bill of lading enclosed,
Wnicn tncy made advance or twcnty-Onc thou
sand dollars before the arrival of the cotton
The bill of lading represe the cotton to have been
shipped in good order and we'll conditioned The plain
till In his libel also so averred it. The bales, when ex
amined ut the stores when deposited here found
injured in the interior by wet the defe ndants
pended 1921 40 in the examination and picking and
drying Of the cotton This they claimed to deduct
from the freight ($1756 02) having paid the balance
to the lbcant. The three principal grounds of de-
fence were:-1. That the case not within the ju
risdction of the court. q That the cotton not
delivered at the city but at the quarantine where the
ship was compelled to come to, and that accordingly
freight had not been earned; and 3 That the bill OF
ladng had not been fulfilled by delivering the cotton
in good order The libellant gave evidence tending
to prove that the injury was country damage, received
by the cotton before 1t was shipped Mt New Orleans.
Held. that the court had jurisdiction of the matter
and that the delivery of the cargo at quarantine
fuflment Of the shipping contract: also held that
the lbeant was estopped by the bill of lading as
against the endorsers or (who had made ad
vances on it) from denying that the cotton ship
ped in good order and condition. and that moreover,
he could not give evidence in contradiction of the
averments of his libel. Held, that libellant was
werabe for the damages proved which being equal to
the balance claimed, decree for the respondents,
with costs
Orandates Mauran and others, u.s. The Schooner IT.
B. Foster-(Opnon in writing -Libel for salvage by
owners and crew of the steamboat Samson; The
schooner anchored in the lower bay the evening of
March 20 1S47, the west bank A gale came on
in the night, and tho schooner dragged her anchors
The masts were cut away ut the next morning, but
she continued to drag till about p. NJ when she
brought up the east bank, occasionally touching
the ground but not being injured in her bottom. At
3 P. NJ the storm subsidized and the master and crew
left the vessel for Sandy Hook in u small boat. The
steamboat had notice of the situation of the schooner
in the afternoon of the 9TH with advice that she
quired assistance but the master thought the weather
too severe to attempt going to her. She went down
the next morning slipped the cables of the schooner
they being foul and the anchors not easily raised)
and towed her to the city, and was absent the
vice ive hours. The weather was then favorable and
the steamboat encountered no special hazard. The
Samson Is mostly employed in towing vessels out to
and from into the harbor, and going to the
lief of those in the harbor and its vicinity requiring
assistance and the regular for these
vices is $40 per hour for the time she is employed
The schooner and cargo were worth about $4,000
The beants claimed that the schooner u derelict
and that they entitled to the salvage compensa
ton usually awarded in cases of that class: The
claimants insisted that the belants ought MOTTO
ceivc than the usual towage compensation, and
should be charged with the expense $50 of removing
the schooncrs anchors left by her They
also charged the of the Samson with embezzling
oranges part Of the schoOners cargo Held that this
not a of towage strictly called, but
of salvage service held that the schooner not
dcrelict. and though the services were valuable and
mertorous in high degree in respect to the vessel,
yet they not indispensable to her other relief be-
ing at the time and she lying at safe anchor in
the bay and the shore only from about four to six miles
from her in three rec TONS and that accordingly the
salvage compensation should be moderate held that
the charge of embczzlement was not proved. Decree
for $3.50 and costs.
james M Hoyt and Jesse Hoyt US. the Bark Joshua
Barker, Tandewaier and others.-(Opinion in wri-
tng)-Th libel demands the value of cargo of flour
taken board the bark Mt Albany, to be transported
to New York The case came up on exceptions TO the
commissioner report The bark sunk at the wharf ut
Albany. the Sth OF october; the next DAY snc was
raised the -four taken out and sold at auction by the
claimants, without authority from the ibellants, or
their knowledge They reside in New York. and COM
municaon could have been had with them by telegraph
in few minutes, and by steamboat in twenty-four
hours The bark was Immediately pumped out, and Ia
den with n cargo of lumber, and despatched to New
York where she arrived the 18th and brought the first
intelligence of the sale of the -four The claimants Of
ered to pay over the proceeds of the -four on being
allowed $3.50 expenses and the balance Of oustand
ing account of S1175 10. The commissioner reported
the market value of the Hour in New York on the 9th
and 18th Of October, being the 9th S46+0 so and
the 18th, S4S4 Held by the court that the sale of
the -four by the claimants without necessity and
entitled deman nd its value at their election when ii
converted by the claimants to money, or at the
time could have been reasonably delivered to them in
New York, notwithstanding the accident and delay In
its transportation which upon the evidence was the
18th that the valuation of the flour made by the COM
missioner was sustained by the proofs in the ease and
it was decreed that the cans receive s4sl1 less the
anteccdent charges thereon $500 and the value of
the freight to New York s7o) being s462l with inte-
rest from October 10, and costs to be taxed
Goldsmith. Wells and others rs. the Steamboat Bay
Slate Opinion in writing )-Acton for collision in
the mouth of Naragansctt bay by which the schooner
Orian and hcr cargo, sunk and totally lost, Mt
about the 18th day of August last. The weather
nearly dead calm and the fog so thick upon the
water that the vessels could not be seen two
hundred feet apart The schooner under way, but
lying nearly still and the steamer was running at the
rate of sixteen miles the hour The noise Of her APP
proach could be heard in that weather several miles,
and heard for fifteen minutes board the schoon
err her large bell was also ringing notice of her
movement from time to time and it had been rung
that morning very few minutes before the collision
The schooner whilst at anchor during the night had
on of the fog given notice of her position by
beating empty hogshead on her deck. IL was found
that such warning would be heard far enough by
steamer in notion to enable her to avoid the schooner
Held that the steamer was in fault in running with
that high speed In such weather and would be answra
BILE for all the consequences II the schooner had used
proper diligence and precaution on her part. Held,
that the schooner also guilty Of blameablc negli
gence and want Of precauton whilst lying still on the
broad sea, and steamer was approaching her in not
giving the OF her position, her power TO
give and which she had continued to give through the
previous night Held that both vessels being in fault
In the premises the damages occasoned thereby must
be apportioned and be borne equally by each vessel
Order Of reference TO ascertain value OF schooner and
cargo No costs allowed to either party.
The United States The Schooner Mary Jane.-
Libel against the schooner. for being fitted out and
prepared TO carry the slave trade. The schooner
was equipped at this port In July 1877 and laden with
Tor he Africa q Trailing