The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-10-09

time, is too well established TO be doubted. What
Strengthens very much the equity and justice OF the
claim OF the hbellsnt, under the circumstances, Is
the nature and character Of tho arrangement OF
the I'D November, between Shines 4 Hafer and
French II not only assigns oil the interest of the
latter IN the vessel, freight, and passenger money.
and authorizes them to sell and dispose Of her, and
after paying themselves, they are to pay tbs sur
plus over to French, If any, out provides, also, If
the vessel is not sold, to appoint agent st San
Francisco, with authority, in case French shall pay
be liable, to make bill of sale of the vessel TO said
French. By this arrangement the claims of the
ibellant are not only entirely disregarded but the
interest Of French in the vessel over and bsyondthe
lien Of Shines s. Hafer for the balance of the pur-
chase money, placed out of his reach We have sesn
that be had tie next lien the vessel, and
titled to have it enforced before any other Of the
claims of Shines & Hafer. Besides, it is by 40
me certain that they did not bind themselves by
the arrangement Of the I'D Nov to French, to pay
the claim Of the libellant Among other stipula-
tons they agree "to settle, and if they see 1T, to
compromise, any claims against the said French, or
said chip on account thereof" 1t seems to me that
the libelant had valid lien upon the interest of
French in the vessel when it passed into t ne hanis
of tho respondents, on the 22d November, and
that it was sufficient over and beyond their prior
lien, for the balance Of the purchase money,
TO satisfy the claim They had soli her to
French, on the 18th September previous, fer
have been insured at the value of SIC 900; Ths
ibellant had no interest in the voyage. He had
been employed to q: up the ship, procure freight
and passengers, and was concerned only in this
service, and in securing his compensation for the
same, and for his disbursements; and do not SEQ
that he was bound to forego these claims rather
than break up tho voyage This was q question
for those interested who had become interested in
getting the vessel to sea- and in making the voy-
age, not for the lbellant. nothing in the case
going to restrain him from enforcing his rights if
even at the expense Of breaking up the voyage.
French, or those who had taken his place, were
bound to look to this and role 70 the vessel from
the charge. In every view have been able to take
Of the case, think the decree below ought and
sh ould be affirmed.
p Clinton amt others u.s. IYiRiam Qack-I
agree with the court below, that the proof is
satisfactory Of the charter of the vessel, and Of
the breach Of the agreement by ths respon-
dents. The case il not varied by the evidence
in this court. The testimony is too loose aud
indefinite to be relied on with any great confidence,
as Mr.. Webb did not hear the bargain, nor koow
the terms of it, Or VIVA. negotiations had been
going on between the parties in respect to the char
teIiDg of the vessel Besides, there two witnesses
direct and express in proof Of the agreement, and
who participated il the making Of it. 1t is impos-
sible that they can be mistaken; and even if Mr.
Webb was more explicit, the weight OF the esid,n
would be with the libellant. Decree affirmed.