The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-18
u. s. District Court.

liver them ON hcard The hr;g ecor Mt MGR No North
river for sIs7 "a and 10 carry on, h rreement' wit
son emnlov,d Vernon Mccon1 ca,ma9 to r.sts the
delivery az The matches According 10 contract and gave
order. Accordingly Tho carmnn took the matches for
that nurnos and NJ tho Sam. tim he was f,ruished hx
wilson win Hank RECENT for the mate of the Hector 70
49,, 80 -, 49,, -, so.n,aa IN tha go ~ th;s
recent II was snccae The twenty
were received ~ Iohn Besuy;e 10 be carried or hioned
~ sS oa ~ sraau Vo,nnn Mcs.npn Ian tho stora
~ Josonh yviionas Wison surnosed ~ ,r ri.r No q
North river but misunderstanding the order Of wilson
be copan made his way in an onnositc drection ana
bronobt nm At n;er M Fast riyer Instead M Ma q
North river where law the brig Truxio ready for sea
and The man in Tho care of ans brio sunnosed Ia h. tha
mate and acting a. such received iron, Madam tha.
five cases Of matches ON hoard tn. brig Trxila
estined to ST DOMINGO and not to Msta1zss And
having received the cases of on board
fhe TrnxiIo This snnnosd m That tho
were for his ship signed the receipt and the caImsn
surprising Ali 10 be rigbt took the receio hack 10 Wi
son and he again believing that all was right did not
examine the receipt IL was singular fact fbst the two
briggs should be sailing about the same day to the West
Indes-one from pi.r No Q North river and the other
from per No East river ana il was equally singular
that the carman should have misupderst o his orders
and vet found AT No gas, yer bp ready ia reeiyc
his load for the West Indies and ready Ia recent far
them as Tho hr,g usctor xrond hava 5ons haS ,b "a
iyery been there These admitted f,cts nresent q
case founded in mistake n case each stem of ia
pIoaress mistake also and ali parties remain /. ipno
rance OF the real condition of b unti, tine hr; TTux
lilo sailed from the mort az New York Then Il was that
the purchaser Of the matches discovered that there had
been no delivery of matches for him on hoard the Ieoor
and giving notice of that failure 10 wilson the seller
Wilson Immediately in CO mpiance with his contract with
.6vpo thrrc NJ
on board the Hector stilI remaining AT oier No North
river This last act OF Wilson was received ma an enre
fulflment of his contract of sale sndJ Beauve h,d
the twenty shi Ia the Hector as
was originally agreed and in due time Wilson did pot
claim That the delivery Of the first matches at No East
river was a fulflment of his contract nor oould he
claim that such delivery was available TO him r. fol-
lows from these facts that the property in rhe 6rst
twenty five cases mt yer passed to John Beauye but
remained in Wilson as if they had never passed ont of
his hands The delivery of property by the mistake of
all concerned can never be construed into delivery in
in nndf ha ruhf If varfv s~sh
original In this case Wilson is that owner and
he now brings this suit to its value The defence
rests upon the idea that bean receipt of
the mate of the Truxlo the name Of John F. Beau
VILE and therefore this action should been In the
name Of John p. Beauville, instead Of Joseph Wilson
And secondly that this receipt being written evidence Of
the contract. cannot be conradicted explained by
parol In short that il is conclusive and the respond
ents clone answerabe to John p Beauvle on that
receipt In reply this defence the ibelant proceeds
to show that soon as these were made known
to him he called on Mr Chamberlain one OF the owners
of the brig Truxlo she having proceeded to sea
and explained to him the circumstances which had
placed on board the Truxllo these cases OF
matches And thereupon The owner MI Chamherlain
admitted that the goods were on board his bg-that he
did not until that time know the owner-and further
said to Wilson that on the return of the brig he
would settle for the goods; and McGoun testified
that he was present al the same interriaw and
beers that Chamberlain said TO Wilson That the goods
would be sold at the market price and that he would pay
to Wilson what the goods brought WAS in ey
sale at different ports in the est Indies aud
that before suit commenced Ebellan had demand
I
their defence they are liable the person named
in the receipt and when he shall call the money thsy
are reaoy 70 Lespond 70 Una. claim 10 sustain the de-
LACE. 440 and Hills notes. The Court is Of the opin
ion that the right property in these goods passed
from Wilson to John z Beauvins there was never any
delivery to him of these twenty FIVE that wheg
board the Truxlo by mistake of Nc carman the right
property still remsned in Wilson and that as aeces-
sary consequence this action is msntsnabe against Jh
owners Of the brig Truxo and constitute lien on the
brig The facts the case bear strong resemblance to
Ass VIII at ha la actic
Of royer might be maintained The goods went out Of
the hands OF Wilson by mstake-tantamount to losing
them they into the possession Of the respondents
by another mistake. tantamount to finding they have
been demanded and ment refused this would be evil
dence OF conversion in action of troyer BY the admit
Ia'y law the same equity prevails and eompes payment
for the goods thus received and disposed Of By the
been executed in the manner above stated imposes
oogaon upon any one and Is laid out OF the case The
value o. me goods thus in the possession OF the deem
oan, navpg eesn ascerIahec tnerc VIII De no Necessity
OF reference The decree Will be for Sl97 A. including
interest
COLLISION C0'e -Sdnf!si e. .idG'as and Others rs he
Steamboat Boy Stae-The bellnts were the owners of
the brig Lucy John Simpson master; and they allese
that on the 18th day of May, 1850 she her voy
age from New York through Long Island Sound to New
London and that the Bay State was also on her
voyage from Newport TO New York ard that these two
vessels in collision off New Haven harbor and
thereupon the brig Lucy suffered heavy damage to re-
which this libel is instituted The following facts
appeared in evidence-Both vessels were on the same
line In Long bland Sound. al about midway thereof
with nothing TO obstruct either side, approaching
the rate Otter fifteen miles hour and the brig
~ with the wind Free at four five knots hour The
course OF the steamers sailing southwest and that
Of the brig Lucy northeast with the wind southwest
fair whole sale breeze Both vessels had their lights
set the steamer had hers fore and aft, in the usual
and proper manner. The brig Lucy had her light
eel in her fore rigging II was star light night over
head. with dark ana misty horizon The steamer had
her three in the wheel house the pilot the wheel
and the assistant wheeman. all serving alookout
but she had no man stationed the deck at the
vessels stem The night was not dark but what the
of hot m he NJ he NJ
quarter or half mile The briggs light was deserted by
the Bay States pilot right ahead eight or ten minutes
before the collision The forward light Of the Bay State
was seen by the brig not quite as soon I'd to this point
there to be no material dispute or doubt as to the
relative poiye position Of each vessel Here the aspect
of every assumes great i'm and rcson
sibty BY the long established rules Of navigation the
Bay State was sailing as with free wind and the brig
fact sailing poth being on tho anne line an
proechnp oach other with THE wind the only differ