The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-08
Law Intelligence.

UNITED STATES DISTRICT CoURr-lN ADMIRALTY
Before Justice Belts -Syipester Barter aud others
Lbeiants, Horace Leland aud others, Respondents
This In q libel maritime contract, made 1t New
Orleans in the month of January, ls4S between the
hbellants of the ship Cleon, and The respon
dents, doing business under the name style and firm
of Leland. Adams Company by which LelandS Ma
son. Of New Orleans shipped board said vessel 026
barrels Of -four, marked Ewing Mils,n to be trans
ported to New York and there delivered to the
dents or to their assigns, the dangers of navigation
only excepted respondents paying freight for the said
-four at the rate of forty cents per barrel and Ave
cent primage; the flour delivered for which the
master signed bills Of lading The libel stated, that
the time of the delivery of the -four on board Il was
in bad order the barrels and the state Of the
-four unknown to the libesnts, or to the master of
the vessel and that exceptions to the state of the
flour endorsed the bill of ladng that said ship
sailed from New Orleans and arrived in safety at New
cepted by, the respondents; that upon delivery of
said -four the hbelants became entitled to demand
and receive from the respondents the of S45 92
for freight and primage which the refused
to pay the ground Of the -four being damaged The
respondents filed their answer to the libel, and,
after admitting the several allegations of fact
therein, except as in their il excepted,
they deny that the bill Of lading annexed to
the libel is q true copy, and that more than ten
barrels OF the flour stained damaged that it
delivered to them in the like good order in which
1t received; that the contrary from 800 to 900
barrels were stained, heated, and musty, and that
such injury was sustained by negligence the part
of the lebeants. their master, &c, that for week
before the -four shipped the fbeants allowed 1t
to remain the levee at New Orleans, under rain
&c, by which it molstened to a oonsiderab bic ex-
tent that they improperly slowed about 800 barrels
in close, damp and warm hold OF the vessel, together
with quantity Of sugar and corn placing the sugar
upon the -four, and many Of the bags of amongst
it, and that by such stowage it heated, became damp
and musty that the respondents had sustained dam
age to the amount Of 1881 So and by of such
injury, the libellants not having complied with the
bill of adiDg they had not earned the freight sought
to be recovered by them in this suit and concluded
by insisting that in the freight decreed the
plaintiffs ought also to be decreed entitled to set off
the damage sustained by them against said freight
hat fha min To ha IA
cided in this cause is whether the -four damaged
by the sweating of the hold of the vessel and If So
whether the shippers the of the vessel
to bear the loss. Judgment reserved.
COMMON PLEAS, October Before Judge Ingraham
Louis De Rong ct al. alfred Ciapp ct a!-This
an action against the maker and endorser Of proms
sorry note for 1904 3D. The signature of the parties
was proved. The suit was defended by Mr.. Rice the
endorser only His counsel stated that previous to
lS46 Mr. Clapp, the other defendant, together with
two other persons carried the dry goods business
in this city very extensively under the firm of Alfred
Capp Coz that in 1916 the failed for about 500 00
that a negotiation was entered into between them
selves nd their creditors for a compromise, which
ended in an agreement the part of the creditors
take forty cents on the dollar to be secured by Mr.
Clapps own notes endorsed by person named Ebe-
Clapp and Mr. Rice the defendant in this suit
the notes to be payable on an average in eighteen
months This agreement was inferred into in October
lS46 and it was agreed that the composition deed and
the whole matter should be wound up by the middle
Of December following, from which time the notes
we're to commence running He further stated that
curing all this time Mr.. Rice out of the city, and
had no iHtmation of the arrangement between Mr..
Cspp and his creditors That about the 18th 18th
Of December he arrived at his residence in Brooklyn
and that on the 10th Mr. Capp and youp ger bro
tber of his went to Mir Rces house to arrange about
the enforcement of the notes. that they left the house
together In wagon, and they were driving
through Myrtle avenue, the horse took fright. ran
down the avenue. Mr.. Clapp thrown out.
and bad both his legs broken. Mr.. Rice was also
thrown out his head coming against the curb stone
and both severely injured that they were car
ried to their respective residences in Brooklyn in
MrClapps faculties were unmpaired and after he had
after the accident, he being anxious to carry his
MIR Rces house, who still continued from the effect
of notes, to get them endorsed. While Mr. Rice was
in that state he was prevailed upon to endorse The
notes, one Of which is the note in suit. Under these
circumstances it was contended that Mr. Rice in
capable Of entering into valid contract and there
fore he could not be made liable. Adjourned to Mon
day.
COURT GENERAL SESSIONS, October 7.-Before
the Recorder and Alderme n Deforest and Hatfield
Motion Doy-To-day being motion day. no causes
tried Several motions made to put off
trials, release on BAIL sc
Case of Marin McNuity-The defendant in this
admitted to bail In the of So 500 being
thousand dollars the charge of embezzleme Mt
and five bred dollars each three other indict.
ments. Gran dali Rich Of the Seventeenth Ward, is
bound for him.
The court adjourned at early hour, till Monday at