The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-01-04

VIEW ORLEANS:
THURSDAY MORNING. JANUARY 4, 184o
Important to Merchants and Steamboat Owners.
Hide d Oglesby VS.. Steamer Yazoo etal.-This
case presented to the Supreme Court question of
privilege Merchants will do well to make the de-
cison of the Supreme Court in this suit the govern
ing principle for themselves to act by in all their
relations with vessels Of any description. The
opinion of the Court was delivered by Justice
SlidelI and we assure tue commercial community
il rests upon the clearest and soundest statutory
provisions of law, and a long and uninterrupted
rule of action in the Supreme Court of Louisiana:
The facts of the case follows Morrison d
Co. of New Orleans sold the steaper Yazoo to John
Culver, on the - day of May, 1847 On the I'd
day of August, 1S47, Culver, who was yet master
and owner of the boat, whichw then lying in the
port of New Orleans borrowed from Hyde & Ogles-
by the sum of $1,000 cash, for which he, Culver,
gave TO Hyde ~ Oglesby his draft on himself, pay
able in St. Louis, for which port the boat sailed
the day Of the loan. Culver accepted the draft in
ST. Louis, but never paid it. On the 9Th of August
Culver, then being in St. Louis, sold the "Yazoo"
to John Eaton. On the 18th of September, Eaton,
through his agent, sold the boat to Messrs. Hunt &
McDonough, who brought the boat TO New Orleans
in October, 1S47, where she was seized by the
plaintiffs, who claimed to be paid the amount of
their loan, by privilege and preference over all
other creditors.
Messrs Hunt & McDonough appeared, denied
Indebtedness to plaintiffs and claimed the boat as
their property averrng that plaintiffs had no privi
lege on the boat for restitution of the money adj
vanced by tbem to Culver for the purposes of trade.
IN this the rtiaS went IN trial and the Tic.
trct Judge was of opinion that art 1904 of the Civil
Code gave plaintiffs privilege Plaintiffs had judg-
ment and privilege on the boat, from which judg-
ment Hunt d McDonough appealed.
The Supreme Court, acting under very clear
article of law and number of cases cited by de-
PENDANTS Shnsel, rightly concluded there was no
privilege whatever on the boat for the payment of
plaintiffs claim the settled principle being as fol-
lows: That advances to Captain or owner
of vessel in her home port, even though that
money be applied to the payment of privileged
claims, gives privilege to the lender. In the
of the Agricultural Bank VS.. B1rk Jane, it was
held by the Supreme Court, that although party
paid the privileged claims against The uessel himself,
he had no privilege, because he did not take spe-
cial subrogation from the original privileged creditor
The reason of that decision is this privileges are
are pontedly given by law. Great caution should
be observed by merchants in their transactions
with vessels. The law that gives a privilege on
the vessel for advances, has its origin in the neces-
sty of preserving and protecting commerce. Thus,
when vessel is on her uoyage, and meets with ac-
ciden by which she is distressed, it may be neces-
sa for the preservation of the vessel and cargo to
obtain an advance of money in order to enable her
L..
cult matter-the vessel being in a strange port-f
it Were not that the law has provided for the ext
gency, by giving to the lender, under such circum
stances, privilege the vessel for the restitution
of his loan. The law also permits the Captain of
the vessel--who is agent of both owner and con-
sgnee, shipper-to sch freight, if the safety of
the vessel and cargo demand it. The same princi
pie governs in marine law, which provides that |
every thing must yield for the general safety But
in all these extreme cases, the vessel must be |
abroad, for it is impossible that any such exigency
could arise in the home port of the vessel 1t was
not necessary for the Court to determine what |
causes destroy privileges vessels, because the
claim Of plaintiffs never enjoyed any. The article
of law under which the District Judge gave plaintiff
privilege, reads as follows. Civil Code, Art. 1904
7: Sums lent TO the Captain for the necessities
Of the ship during the last voyage, and reimburse
ments of the price Of merchandise sold by him for
the same purpose"
In this case the vessel was not on a royage but |
lying safely in her home port; when the money was
loaned The only other word of law to be found |
in our code giving privilege on the vessel for |
money advanced is to be found in the ninth para
graph of the same article of law above quoted, |
which reads ttus: " Money lent on boitomry, for t
' refitting, victualling, arming and equpping the
g vessel, before her departure. In thepresent case
there was no loan on bottomry twas loan on ac-
commodaton and friendship, and not on a bond.
Plaintiffs took draft for restitution. A lender |
on bottomry has the vessel hypothetical to him as
surety In this the vessel required no 'sreft-
ttng; her captain wanted loan to pay debts ON
his boat, for which she was liable to seizure. The
plaintiffs have been unfortunate, but it must be
borne in mind that they might have made them
selves secure by obtaining from Culver transfer of
his freight-list, which they could have sent 10 ST.
Louis, and thereby collect from the various con.
signees freightmoney to the amount of their loan.
This was not done, and Culver was permitted to
collect his own freight and allow his acceptance tn
go to protest
All the facts, and the law bearing upon the case,
are clearly and forciby presented in the opinion of
the Court, which does not shake any previous rule
of decision on the subject Of privileges, but more
clearly defines the rights of parties under existing
laws and numerous decisions. The judgement of
the District Court was reversed at plaintiffs cost
WONDERFUL CURE.-A negro doctor has offered
for $50 to cure the wtchcraft of the woman in
Washington City, of whom we spoke day or two
since. The modus operandi is, to draw two drops
Of blood from the patient by an incision of razor
whetted on the back of a skeleton and strapped on
The skin of a musketo The woman refuses to be
cured in this manner. Great country this.-Cm-
cinaafi Commercial