The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-15


JUNE TERM 1Sl9.-DEcrsIoNs Christopher l.. Rose
a. and S. Wiiicts june 3-Held that II irregular
and by the practice of the court for the
ibellant to demand Of the respondents answer to
the libel originally filed by him against the ship Alex
ander and the Wilets, and also guarantees
of the master Held that under the rules Of
the Supreme Court, and according TO practice Of
admiralty courts, the libellant, by his petition
hied IN TINS case Is entitled to ins property hi
or its proceeds, proved to be in possession Of
the respondent, and to require them to produce it
in court TO show cause in excuse for not doing
Held that the reply Of the respondents to the petit
ton and noniton to that end cannot be treated
insueiency deect but the petitioner is entitled
to ask the Judgment Of the court his proofs to
the adequacy OF the shown by the respondents
against his petition Held that the exceptions by the
petitioner be overruled with costs.
augustus Zerega It, al rs Edpdrd Pope, et ai.-tled
that the undertaking in the bill of ladng set forth in
the pleadnas to deliver 20 O63 ltres OF oil at New
York at the freight Of two cents American money the
gallon is to be held in the absence of any agreement
stipulation the parties the contrary to the
gallon established recognized at the port Of
delivery Held that the statutes of the United States not
having established gallon measure or fixed the capacity
of gallon this bill of ladng, executed at Antwerp by
the master of American vessel must be accepted
contemplating that measure by which entry OF the ar
tice named be made, and according to which du-
ties imposed reserved thereon under the laws or
the United States and not having regard to any TO-
reign measure to the local laws OF the particular
State in which the importation may be made. Held
that the freight list accompanying Shipment ID not
framed by mutual act of the shipper and ship
err and If could not prove their understand
ing Of the terms Of the contract OF affreightment
does conclude the ship owner from demanding the
freight according the legal import of the bill
Of ading and accordingly the refusal to produce the
the reference in this cause cannot ennre In
behalf Of the respondents proof that gallon
different from that Of the United States Custom House
the contemplated in executing the bill Of adng.
Accoraibgy held that the exception Sy the rsspon,
contents Of the ~ casks Of oil to BIZ according the
United States Custom House gauge-and stating the
balance Of freight due the hbelants after deduoting
the balance of the oil lost, be 0verruled. Where
fore, 1t is ordered and decreed that the bellants
recover against the defendants the balance Of $40
81, so reported due. Held. that the payment BY
the respondcxts Of SIG TO- duties charged at the
house on the not delivered was not
payment for the benefit Of the libelants and cannot
therefore be allowed the respondents against the freight
payable and the exception Of the respondents to the
report OF the commissioner in this behalf IL overruled
Held, that the subject OF controversy between the
parties before suit brought and stated upon the libel
and answer having relation solely to the question
which party should bear the loss Of the cak Of oil lost
after being received board the ship aud dispute
difference existed between them in respect to the
amount Of freight payable for the oil delivered aud all
the testimony In the cause on the hearing being d.
rected to that issue, and the rame being adudged in
favor of respondents it Is ordered and decreed by
the court that the libelants not entitled to costs
against the respondents in that branch of the litiga
ton Held, that the respondents not having directly
rendered the money due for freight and having carried
the to reference. and caused the accumulation
of expense upon the question Of the amount thereof
and then taken exception to the report of the commits
soner in the premises they are not entitled to recover
costs against the hbeants in that behalf But
Is the litigation on neither side appears to have
been conducted from oppressive vhdictive motives
but to have been carried to determine questions Of
uncertainty and doubt as to the respective
rights and liabilities Of the parties under the bill Of
ading and their several acts and the decision has
entirely in favor Of either party is ordered
that neither party recover costs as against the other
James Murphy, et al as. The Brig Col. HoUard, &C.
Ordered, that the lbelants recover in this action
against the brig &C. for the materials supplied to her
and that the said brig her tackle &C. be condemned
therefor and that 1t be referred to Geo W. Morton,
Esq, u. s. tommissioner, TO ascertain and compute
the due the hbelants and report thereon &C.
Lerey Heydon rs. Same.-Like decree
John Wright rs Same Like decree.
The Screw Dock Compdnyrs. the Same. Like decree.