The New York herald., 1851-10-13

its rr,nd nsrnts Y, some female friends Who reepec-
lively kissed and to ok their leave Of their late little
charge. Both mother I'D infant looked qu''e nappy
U. 3. District COurt-In Admiralty.
Before Jus tge Belts
Held that by the commercial sw negotiable promis
sorry note, received in payment OF preexsuns depss
bona d and without notice Is n IN. 'ne er,;n.
parties although it be an &C 'ommodstion note
though the rule in the State Of NJ YORK DO other
WISE But held. the acceptance Of ucn note - pay.
ment on the express assurance Of Il 70 sssignor that
was business paper and not accom- noasLon toes
the original indictment Held also, est 2 repre-
senaton made by the assignee, at the time of
responsibility these parties not being reside. It, OF this
State and being unknown to the creditor fo IND TO be
knowledge Of the debtor that their credit sud rspons-
bhty were doubtful receiving the 1ch repre-
sen.stiOn does not s1tnguish the original dat; Held
thes the creditor on returning the note protA ted FOE
onyayment OF dshonored,o Offering the ssignog
IN eosrt on trial. may maintain an action Oh tne OH
Isaac Dsroe, u.s. The Stoop Fashon--Hed, that char
ter Of ship for voyage or term Of time the chart
10 vicual and man her, and have entire control II Aer
renders the charterer owner for the time, and tA,e
real not responsible for the tht
master dante fempore the creditor have notice Of sach
charter. Held that Q soop aud craft navigating the
waters Of this State its vicinity and taken By the
master condition that he victual and her and
divide the earnings Of the vessel with the such
arrangement known to the hands or the vesse
exempt from liability to the for their wages
such hiring. Libel dismissed with costs
.abvahew Cslmns y Co., u.s. R~t'ow Bsm~n-The de-
fendant being master vessel owned in this st:ae and
he and the beants being residents Of this city he pur-
chaeed Of them supplies for the vessel credit He was
afterwards duly discharged BY Judge Of the Cannon
debts He did not put the debt Of the bslisnts his
schedule Is 1t proved had they persea NOTICE of bis
0r 'an' on Ss S.
debtor in omtting the debt Of the lbellans fsa his
tia. sy the & sx Of this state Sta his
the United States Court, between ctisens Of this
State when the debt opracted and the discharge
obtained here. Libel dismissed with costs.
Wi1tqm II Merritt Co. rs j. ~ M Brer1.-The bsi-
lants supplied ship belonging to the State OF Msine
and owned by the respondent with ship stores &c in
this port various times between July ls4s and Au
gust 1850 the orders Of her master In June 1859,
the respondent paid the indebtedness then accrued or
rest. The hp then being in this port and 6ttns for
voyage to the East Indies under the same master the
bllants the like order furnished her stores sud
supplies for the voyage, and suege also that they ship
ped cargo board The master died at Manila before
the voysge completed. The libellsnts proved, By
the admissions Of the master who succeeded him. that
portion OF the belsnts cargo was approprated ct MA
that in to ship ores and other SUPPLIES
ed the ship in New York they advanced to the master
various in cash, whilst she here fitting out
Held that the master had petent authority In law -
charge the ship for such supplies and that 1t
not necessary for the hbelants to prove they
were absolutely necessary for the ship that they
actually placed board. If they were such a.
appropriate for the voyage and delivered pur-
suAnt TO the order Of master in the usual mode Of
business the owner was chargeable fer them. Held,
that by paving the former credit to the master
and ship the respondent gave an implied antho.
rity the master to contract the Subsequent debt
Of the character Held that the declarations OF tho
master were incompetent evidence to charge the
defendant the claim Of belants for cargo shipped
board They should proceed upon the bill OF lading
Held that advances Of cash to the master created lien
on the vessel and no liability OF the owner unless ap-
proprated to her necessities which creditors must
prove also the advance for insurance. reference
ordered to take the account upon the basis OF this de-
ci sion.
james Phelon rs. the Schooner .slrorado-The master
signed bill of adpg In July ls49 for return Of twenty
kegs Of brandy, shipped on board from New York to
Chsgres and sent back for want Of market The vessel
s.iled the same month. The night the vessel left
Chsgres. she struck by lightning, and compelled TO
put back for repairs No materials Of repairing
her berg found at tho port che remained there Till sup
or Pb espan sick With
the coast fever when the LETT Chagres and her
return was delirious lie was sent to New York in .
steamer. Two three weeks after the mate sent
home, and two ssamen also sick with the fever This
vessel and put in charge Of agant keep
er. She 10y at Chagres i've months more and being
ny repaired fer the purpose brought back
New York when the consisner demanded the brandy.
frce that the brandy lost by leakage at Chagres
the The, Gssas asks being perforated BY worms and the
During the time the remained Chsgres steamers
and other vessels left that port by which the brandy
might have been transhippet to New York Held that
IL the duty Of the shpowner TO have had the brandy
trsnshpped and forwarded to its port Of destination
the shipper did not accept II at Chasres the voyage
beipg in effect broken up That the disabling Of the
master and mate by sickness, from attending to the
duties Of the ship did the from his
responsibility ard that he stands liable the bill Of
adng fer the value Of the brandy not delivered to the
consgree The value TO be taken at Chagres at the
time cf shipment An order Of reference b. taken
TO ascertain the worth Of the brandy but the claimant
s at liberty prove before the commissioner actual
loss Of part Of the brandy before the bill Of ladn
was signed. Decree accordingly.
Samuel .2cksr vs.. The Steamboat Rainbow-rhe sloop
Transport owned by the lbellant anchored In tho
night time, the mouth OF Newark Bay and about
1b0 yards from the Staten Island shore The Rainbow
procs sedng from Amboy to New York food tide,
with several bsrges Ina tow, In collision with the
soop at about o'clock NJ, the 18th Of August 1850
and caused serious injuries to her The evidence con-
fcng TO the exact position OF the sloop and aA
to the fact Of her having light suspended conspcuousy
and burning at the time although these points ths
direct and positive evd, from the sloop, must out
weigh the negative evidence from the steamer. Tbs
master and pilot In the wheehouse Of the steamer
directing her navigation and two on the deck,
but no one stationed forward look-o out. The
sky clear above and II moonlis ht but there
haze or fog the water preventing the pilot OF the
steamer seeing the oop until within about hundred
feet Of her lie then ebdesyored 10 avoid her by stop
ping and backing his engine The steamer running
about six knots by the land close In to the right bank
Of the sound and ported her helm TO inside Of tho
socp. Held that the steamer guilty Of three faults
In her navis sation:-first-In keeping up great .
speed Ia that marrow passage, TO be unable to stop
and set cut Of the way Of vessel at anchor when
In sight Of her Secondly attempting TO inshore Of
her there being safe psssase outside And thirdEs
pecally in running without look out stationed the
deck and forward part OF the boat Decree that the
steamer be condemned In the damages sustained By
tloop, and an order Of reference to ascertain thoss