The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-05

UNITED STATES DisTRtcr CoURr, ADMIRALTY,
March 4.--DEcIsIoNs. Before Judge Bctts-HiH Man
ming us Norman c. Hov.r-SuiG Is brought, in per-
sonam, against the defendant, Of the sloop
Corne the of ninety bushels and thirty
two lbs corn The casa the hbellant claimed to have
proved that he Of 1857 bushels corn and
rs bushels wheat stored at Brooklyn which the defend
ant contracted carry his sooo to the city of New
York at particular freight that he received the grain
on board his and full freight for the whole guam
1859 bushels and "a lbs by weight, leaving deficiency
Of bushels, for which compensation s de-
msndsd mss evidence the sn had
on board 1t Its delivery; the hbesnt employed his
own agents to transact that business The owners Of
the store where the grain was on storage would not
allow the employed by the beilant to make
the weight their clerk measured 1t and kept
bis tally, and by his bill It appeared there was put
liant The lbesnts meaurer looked over tine tally for
four or hundred bushels and had it carefully kept
the rest Of the tses entered by the clerk alone
The method of ascertanipg the quantity of grsin both
by weight and measure is to weigh one half bushel in
allowed to the bushsa the aggregate weight deter
mines the number of bushels The proof is that when
grain is taken on board by weight, aud delivered by
difference The mode Of shovelling will vary the weight
END consequently the count depending on it, from
ih,nS unon all tbs proofs tho reference Is just as d
rect and strong that less than the named amount Of
corn was laden board that the defendant delivered
e,u than he actually received and in order to charge
him with any deficiency, the evidence must be clearly
prepouderatpg against him. The amount Of dehciency
of negligence against the party sought to
be charged when accountable upon presumptions equal
v BILE that the differences arose in mistakes OF
computation of weight or measure, in the combined
operation of loading and dschargng and loss to that
amount must certainly follow In slight degree OF hard
.hoveling shall dispose Of the case upon this view of
the facts without reservng it further to await the deci
sion of the supreme Court the point Of jurisdiction
involved in IT, Admitting tine Jurisdiction OF tho court
In nv opinion there il not sufficient evidence to
charge tho defenden with any loss OF corn whilst on
it's carriage from Brooklyn to its delivery in New YORK;
l.. ordSn oil al
The President, &c Of the Dsfaoare Bridge and Hud.
son Canal Co. rs The Steamboat Aids wasa suit
In rem for coal furnished the Aida during the last sum
ner 1t was confer BY the claimants that the boat
having left the city, and more than IL days having
elapsed the bsants had lost thsr lien on the boat
Of coal during the season. the boat having her
trips received the coal ON reaching the city the
beants had not lost their lien Decree Tor nDeiants,
5000 with costs to be taxed.
James O. Harsht Us. III, Steamboat .alidd.-This
also suit in rem The libelant was blacksmith resi-
ding in ALBANY bet ween which aud this city the boat
ran daily during last summer. He was employed be-
the 4th August and a4th september 70 make re-
twelve DAYS having elapsed after the boat left the
city the beant lost his len The court TOOK the same
view, and dismissed the libel
su,rn,oR CouRr--Before Judge Sanford. Tryon Us
B,rfi, and oihersn this cause the jury found YER
dict the plaintiff against all the defendants except
Warren Drsper
surnrmr CouRr- Special Term Ordered that all
special motions noticd for hearing at the present FEB
ruary term end disposed Of stand ever thout fur
th.r notice hearing at the term OF the
court to be ked tho city of New York on the 9th day
of March instant.
CouRr CALENDAR Circuit Court, 2 8, a, D, OF g.
O. TO- n H. IA 10 Common Pleas, LIST pdrt-93, 80,
90 o. l5 III 49, 50. I'd part-l4a l5l, lSs, TO- &c.
80, 40, A., ~, AZ.
eurRrME CouRr OF THE UNITED STATES, March g.
Carly Wells, Esq of Missouri, and Wm thompson,
Esq of Iowa were admitted attorneys and coupseors
Of this court No. ST. VIM. t. Pesse, plaintiff IN error
VS. William Dwisat. In error TO the Circuit court OF
the United states for Miehgan Mr.; Jnst.cs Wayne ;
delivered the opinion Of this court airmng the Judg
Of the said Circuit Court with costs and SIX Per
cent damagss No 100 The United states appellants,
Va Thomas Curry aud X. Garland Appeal from the
District Court OF the United States for Louisiana Mr.
Chief Justice fancy delivered the opinion OF this court
dsmissng this appeal bscause It had not been prosecu
ted IN the directed and within the time limited
by The acts of Congress- No al, The United states,
psip,s w the city OF Portland The argument Of this
Gauss was concluded by the Attorney General for the
plaintiffs.