The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-07-22
Supreme Court.

Supreme Court.
SPECIAL TERN.
Before Justice Edmonds.
july 1.-Thomas DunAam and Frederick DimsS %.
WiIiia~ arUis Dsvid Russell, George Sfenl.f Erastns
suit set fsrth that the 10th Of July ls4e the com
pansnts we're shipping merchants in this city and on
dsisnd.nts and others residents Of the State Of Con-
tcut, in substance follows to wit to build
ship to be designated .: regular packet between the
mage to exceed $50 tons less than 3o TONS to
be contracted for and built under the direction and
general superintendent Of Henry Churchill and,
when finished, to be commanded by him, under the
agency Of the compainants In this city they agreeing
to tske EACH the other parties to the
tract agreeing to take the remaining eighths The
mplainants further stated thot the main nducement
them ent,r into said agreement was the provision
Zoe contract placing the ship under their in
this city; that said vessel in pursuance Of said
agreement, built and fitted out, and called the
port and the port Of Glasgow in Scott md under the
command Of said Henry Churchill compliments acting
further alleged that six Fights Of the vessel subss-
quently became vested In the above named defendants
ILa, on The arst OF February 1875 said defenasnts,
said ship coppered that plaintiffs objected thereto,
the ground OF expense and of its being OF benefit
to the vessel parties interested that defendants
acquesced in the given by compliments, aud
for tho time abandoned their purpose Ina. about the
first Of April last the said defendants except said Fer
guson, and without consultation With him plain
ants resolved upon having said vessel coppered, aud
gave directions to have done the port Of Gas
gov, to have the copper purchased there and sent
to New York; and that pursuance of such nstrucs
tions the copper was purchased at Glasgow out of the
earnings of said vessel her last outward voyage to
Glasgow in oppost to the pressed rem ntrances
of complainants The compliments further charge
pense of S. Geo which will be entirely useless to the
vessel in the trade in which she is engaged and that
compliments notified the said defendants since the
arrival of said vessel at this port that they OPP
posed to the proceeding They also charge that said
defendants have deprived plaintiffs OF the agency Of
Daniel Russell the agent and consguee OF the vessel
in their places and that the said vessel indebted to
them Ia the sum Of 80 900 for &c
that said vessel earned freight her last from
Glasgow to this port to the of about ~ OO0 and
that the captain is about to collect the that
painants, the agents and ships husband enti
tied to collect and receive the aud also
fourth rers and that said defendants resi-
dents and that IL said vessel which Is in port, Is
permitted to sail, they win be without remedy and
that from the differences that have arisen between the
parties, it will be Impossible that said vessel be
here after employed prohiaby for the compliments,
and that it would be of advantage TO all parties to have
said vessel sold By public auction in this ciy AMI con-
cluded by praying that the said defendants might be
restrained by the injunction OF the court from cop
pering &c, and from removing her from this port,
from otherwise dispoing or interfering with herr aud
that raid defendants and the captain might be eponed
fom collecting the freight, sc.
Upon this state OF facts the court granted the in
junction prayed for; and ON Saturday the lith inst
the defendants applied to dissolve the injunction,
upon an affidavit made by Captain Churchill, STA
ting in substance as follows-That he is the COM
mander Of said ship, and las been SO ever since
the VAS built that she is owned by the plaintiffs
and defendants in the proportions of one quarter
tat she was coppcred before the injunction was
Of t that copperipg was done by the direction Of tbs
def ndants, Ia majority Of the ownerD because the
snd chip actually required it, and 1t was necessary to
the keeping her tight, staunch aud strong, and the
preserving her sailing qualities her reputation amongst
shippers, and her nsursble character that he be-
heves defendants acquiesced in the opinion Of
Plaintiffs against the copperng Of said vessel that the
value and usefulness VI the ship mu,h Impaired
and the expenses OF her trips much increascd in
sequence OF her not having been coppered and her
speed in sailing upon voyage had been diminished
nearly one fourth by reason Of the collection OF bar
naces upon her bottom arising from want of copper;
besides which freight had been several times refu .ed
to her. because Of her liability to leak for the want Of
the protection which copper affords and in his (Mr.
Churchilis) opinion, longer delay in coppering Der
would have been serious injury to her, and detri-
mental to the interest ot her owners
The AFFIDAVIT went to state, tina. for a long time
past the defendants had many causes Of complaint
against plaintiffs for their bad of the con-
Of the ship her agents and that the l4th Of
April lsi9 they Che desndaLts) arprcd plaintiffs by
letter that they would remove them from the agency
OF said ship and that in accordance with the state
mepts in said letter they removed and James w.
Phillips appointed agent in their stead aad that since
the appointment OF Mr.. Phillips the plaintiffs have
constantly interfered with him in the manage
nent Of said agency, and have notified persons
him, aud have endesvored to collect ,uch freight
themselves That he. Churchill, by direction Of
tae defendants, lin order to avoid litigaton) pro-
posed to purchase from plaintiffs their two eishtbs
OF the vessel, and to settle and pay their sc-
count provided they willing dispose their
. fair principle; that plaintiffs declined unless defemd.
would purchase the interest Of defendant Fergu
ALSO and that he believes the plaintiffs never have
pdeIed to deieb daDts the set this cause
nor did they ever demand payment Of the same aod
that according to the beet Of his information aud udg
mont the plaintiffs demand rs agents against said
ship, including commissions, &c, does not exeesd
the rum Of $1,000.
His Honor gave his decision this morning, OF which
the folowipg " the substance "ln OF disagree
msnt among part owners Of ship the employment Of
or by the majority will Ice until uch majority
n all nave obi aimed In admiralty permission TO employ
her or until xe security for the return of the ship To
the jurisdiction Of the Court be given to this Court
ships husband has lien the earned freight for
his advances and commissions, aud the will bs
restrained from collecting such freight It'll such al.
vances &c be- paid or adequately sccuredn Motion
to dissolve the Injunction granted upon defendants
giving the requisite security.