The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-06-15
Legal Intelligence.

United States District Court for Neo York--.y,nc
Term, l649-- Before Judge Belts.
DEcIsIos.-Chrstopher l.. Rose vs.. A. d L. VIII
let's, May 26.Held that il was irregular and unar-
thorzcd by the practice OF the for the libeIun
to demand of the respondents an answer to the libel
originally filed by him against the ship Alexander
and her master.
Held, TINT under the rules of the Supreme Court,
and according TO the practice oil admiralty courts the
libeant, by his petition filed In this case is entitled
TO the properly attached to and bound by the original
suit in this case or its proceeds proved to be In pos
session Of the respondent and 10 require him to pro-
duce i In court or to show cause In excuse for SO
doing.
Held, that the reply of the respondents to the petit
ton and monition to that end cannot be treated as
an answer to libel and be made subject to excep-
tons for insufficency deectbut the petitioner is
entitled to ask the Judgment Of the court on his
proofs, us 10 the nadequacy of cause shown by the
respondents against his petition.
Held, that the exceptions by the petitioner be over
ruled with costs.
Augustus Zerega, ct aI rs Edward Poppe, etal--
June 10, l649 Held tln the undertaking In the bill
Of ladng set forth in the pleadings to deliver 1853
ires OF oil al New York ut the freight Of two cents
American money the gallon, Is 10 be held in the alb
sence Of any agreement or stipulation Of the parties
to the contrary to mean the gallon measure estab
ished Or recognised at llndspori Of delivery
Held, that the statutes of the United States, not
having established gallon measure fixed the Ca
pacity Of gallon, this bill of ading executed at Ant
werp by the master Of an American vessel, must be
accepted as contemplating that measure by which
entry OF the article named can be made and accord
ing 10 which duties are imposed reserved thereon
under the laws of the United States and not as hav-
ing regard to any foreign measure or to The local
laws OF the particular State in which the importation
mny be made.
Held that the freight list accompanying shipment
is not proved BY mutual consent Of the shipper and
ship-owner, and ii produced could not prove their
understanding the terms Of the contract Of areigh
ment, nor does i preclude the ship-owner from de-
manding the freight reserved according TO tile legal
import Of the bill Of lading, and accordingly the re-
tusal TO produce the same on tho reference in this
cause cannot enure in behalf Of the respondents in
proof that gallon measure different from that Of the
United States Custom House was the one con,en,
plated in executing the bill Of lading
Accordingly held that the exception by the respond
onls to the report Of the commissioners finding the
contents OF the 81 casks of oil to be according the
United States Custom House g,iHge-and stating the
balance Of freight due the libellans after deducting
the balance Of the oil lost, be overruled
Wherefore il is ordered and decreed, that the libel.
ants recover against the defendants tho balance OF
the respondents Of SIG TO- duties charged at the ems
tom house on the oil not delivered the respondents
was not payment for the benefit OF the ihelants
and cannot therefore bs allowed the respondents
against the freight payable and the exception of the
respondents to the report Of the clerk In this behalf
is Overrulrd.
Held that the subject of controversy between the
parties before snl brought and stated upon the libel
which party should bear the loss Of the cask of oil
lost niler being received on board the ship, and no
dispute difference existed between them in respect
to the amount freight payable for tho oil delivered
and all the testimony in the cause on the hearing |
being directed TO that issue, and The same being ad
Judged in favor of the respondents 1t Is ordered and
decreed by the court that the ibeants arc not enti-
tied to costs against the respondents in that branch
of the litigation.
Held that the respondents, not having directly
rendered the money due for freight and ha wing car
rcd the case to reference, and caused the accli-
mutation of expense upon the question Of the amount
thereof md then taken exception to The report Of the
commissioner in the premises, they are not entitled
TO recover costs asans tho libeants in thai behalf
But the litigation neither side appears to have
been conducted from oppressive or vindictivc mo-
ves, but TO have been carried to determine qlies-
tons Of considerable uncertainty and doubt as to the
respective rights and liabilities of the parties under
the bill Of hdng and their several acts and US tho
decision has not been entirely In favor Of either party
IL is ordered that neither party costs as against
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