The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-02


Nov. 1-DEcIsIoNs IN ADMIRALTY -EdDsyd Espener
ps Edsesrd M Baker The lbeant for his full lay
on board whaling ship and also for wages for
his services - physician; and in addition csi large
damages for having been forcibly and wropgfuly put
on shere and lett at ST. Lucas California and for the
detention of his wearing apparel and property the
ship The Court decided upon the evidence appear
ed the lbeant left the ship and remained shore
unfairly That bis property was sent on shore aud
received by him. and also ssa in cash fer his
but that not clear the proofs that the
Of the bone taken by the ship the credits the
ship entitled to entered In the account
also decided that the beant entitled to
money beyond the 150 the lay fer which he
shipped. Referred to q commissioner to state the
amount.
Mathe,o Yassar and Others u.s. The Steamboat Commerce
The hbellants tloop index was, the night OF May
70 le4s, sunk by collision with the steamboat Com.
Derce and vessel and cargo of GOAL both Tho
fence that the loss incurred through the fault
and negligence OF those In charge Of the sloop The
Court decided that nothing improper done by the
soop, and nothing incumbent on her to do was
omitted. tending 10 produce the collision. That it
was the duty Of the steamer, in the situation of
the two vessels to have avoided the sloop there
was ample room for her to do That the sloop
the western shore only third the width OF the
river on, nostiBg down the tide without wind add
the steamer going proceeded the superstition
was herself on course west OF the soop In this she
was mistaken. 1t her duty to have gone east of
the sloop stopped her engine and backed Of the
way The injury being occasioned by the fault Of the
steamer the Court pronounced for Hbelsnts damages
and ordered reference to Commissioner 30 ascertain
the amount.
barclay and Lipin gsion, rs. John L. Holm-rbjs was
occsioned by the failure OF defendant to have his
Sci ready to take cargo OF corn pursuant to hrs al
legged sontrsct The court held that all the negots-
tons and proposals between the parties anterior tue
written agreement, must be disregarded that tarig
rights and remedies must be governed by the charter
party ana that breach OF that proved in tie
That If a verbal agreement proved nave
the vessel ready for cargo at earlier day plain
tns had acted aud incurred expenses aad losses
by sending the cargo to be laden yet they subse
quently executed the charterpaIty themselves, aud
accepted IL from the defendant aud 1t
stipulation that IL should take effect from the time
notice vas given the hbeants that the vessel was
READY both parties m st be deemed have acted
wholly under the charter party. Libel dismissed
Carl Bu,gfhai. The ship George SSoltsid This
tuit seeks the recovery Of the value OF Large bale
pertLandie and portions OF the contents of several
boxes all allowed to have been shipped in good order
Bremen. Ike defence ia that the missing bale we,
received on board the ship and that
rifed Of their contents broken open before
ceiyed by the ship after they left the ship
placed In the public store Tbs held that the
clear prepopderance Of proof that the bale
laden on board the ship and that the boxes
ceNed there in good order aud held that the ship
responsible for the value Of the bale Held also
chip liable for the loss OF goods in the public
III sent there without previous notice to the cons
where the consigDees known, and reside Mt OF
this port. But held that the evidences, there is
great doubt whether the bale when laden board at
Bremen contained the whole Of the articles pa in
1t ct Vienna, and ordered references to . commits
forsr to ascertain the value Of the bale
laden board and also the of the articles
missing from the boxes