The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-10-22

Before Hon. Jucge Judson
Der 2.-T'oss and Collins .Andrs Dei-ea1a This
cult Is founded upon bill Of lading on shipment Of
thirty tons OF rail rcd Hgn on board the Br5ierine
Charlie Furst Mater lying in :he river Tyne 70 the
port Of New York dated May Is 1850 The contract Is
In the usual form, shipped 10 good order and well
conditioned" With note at bottom, In the following
words -" we gbt unknown and not accountable for
rust" The method Of st0sage adopted BY the master
10 at the bottom OF the vessel twenty-five tons
o. the upon which age quantity o. NcNcasts coal
upon the top thout dunpage ia either case IL was
cesry shown that the rods shipped In dry weather
and that the Who'll, br bt and free from rust
That at the arrival OF the ship the eight de-
hv,red in good order but the iron stoved under the
coal was damaged by an unusual degree Of damp,
While the coal aud coal dust interniDgng with the
rode had materially Injured the rods; and on sale
At auction With notiee 70 The owners Of the ves-
eel loss incurred t. the amount Of sl6i IA.
The respondent, In the sixth article Of the answer
Alsgss that the damage incurred BY the cargo
smcunttdto the above n Sl6f IL, and that they
had tG,ud and tendsred 20 the libelsnt the fuI
smeurt ~ the freight noDy dsducting th6refrom aid
% images esore ,ut and that saee the CONNIE ncement
OF the SUIT 20 VT on TIE lst september 1850 the
efondent paid into o,urt ths sum of 1857 81 being
the balance q freight deluctiug raid damages That
sum nov IN court 10 await its order The libelss1
objects TO this tender and Payment ard claims stl 20
reccver t2S7 81 with cot, several grounds: LIST
That the iron was well and properly slowed "a That
the rust and damage Produced By showers Of rain
while the iron vas being pat en- boald. and by the
master Sd Thst the shippers gave their this
mode Of storage ard therefore the vssel r.spon
sibe for the damage. ith. There legal tender
~
ON top Of the coal. and by the respopdepts' own
proof this gooi stopsgs These several positions
have been examined and carefully compared with
the evidence These objections Involve only ques-
tions q fact, and the wi, ht Of the evidence
thee several points fall 70 sustain them The
Court, On the contrary hnds that the damaged rods
we're nll under the coal and that the damage was
nsd by the improper owags a the rods at the bottom
81 be vessel and under thu coal without dunnaxe The
fsct st up by tn bsant tina, the rods while
cpg PVT On board y dsproved by The testimony Their.
. NJ prcf that the shipper consent 20 the
but on The contrary that he protested at the
I'm. ~ my remaining point ~ importance, IL the
Iuesson tehder The offer % pay he freight with q
- On ~ sctua damages followed up by the payment Of
49,, y nv court y afulhment in good faith ~ the
auiy ~ he respondent under this contract To adopt
the positions suggested BY The ubenant would have a
tfpdsncy 70 muiipy suits which IL alwavs pvaiua.a
90 The great commefcal interests OF the eon.r On ~.
Other haId IN admiralty procesdinrs wbansver N n
fcubd tbat an ob2or has dore an in his p,r.r A. r.t
his cobtre.t and render jutice 20 the opposing par
without suit, he shosld not be- char reable vi
csse Ike that. the libesnt must b. deemed ,,,.
rtttng the echnic alites Of the las raba, h ~
iuatice a his cause From III the eircunst..,.' -
dcios,d 10 IL considered that the respondent bes ~
formed the contract in question. and that The mel -
dismissed with costs b tue respondent; the said .u,
q fzt7 stloO psid into couIt 70 remain At the Jposal
Before W. Nelson, Es1
Oar. n = Chargs u PEW pefer Zlker, . German
cl ~ sed viih committing psIjury oder the nacurafa
t0n Laws Of the United stss was agan brought up for
e2s 1uiustion but 20 witnesses appear ng Mr.. OFea
ktmmfts On thah u tie government consested % the
o.. otere dieehaige
CluFs u fsscs5 -A man nnvcd Fisher wss arrested
o. ctarte ~ Larceny The hish board ths
hP eauhS ttmalitd ~ c2lmitatiou.