The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-25


action for suit Of rails furnished chooner
in September 1888 she being at that time foreign
eel beIoDgng to citizens Of The State Of New Jersey In
September 1852 tho schooner 500 citizens Of New
York. for Q valuable confederation, and registered in
purchase that her previous owneT owed the Sean for
set Of saL about 5000 but without knowledge that the
demand was lien upon tho vessel. The action
| meneed in November, 1889 and tho vessel attached
Held that tho demand lien on the vessel when the
action instituted That the fact that the schooner
q domestic vessel when arrested and had performed
voyages this port after she became
yious TO the attachment does not extinguih the hen
which attaches TO thc vessel under the general Maritime
law and not 10y force Of any State statute. That The
Purcha had sufficient notice of the lien Mt the time Of
purehasc to put them ON inquiry That the delay Of
tw' I've years in bringing the to- hearing after It's
commencement restricts tho litigant parties to their
stlic legal rights but does not take away from the ebe
liant his right TO interest upon demand Decree Tor libel
liant for value Of sails with interest at six per cent FROM
Nov. Il, 1889, and costs.
George X J. B'rdo'n rs. te schooner Harriet Smith :
Th, action TO the value OF cigars shipped
at Havana and delivered in this port Held that de-
livery of the cigars to the first mate OF the Schooner and
the signature by him of receipt for the good
delivery and bound the Decree for value of cigars
at this port in March 3lt 1872 with interest from that
date a six per ceTt and costs less the freight duo and
payable on the same.
H'ii2am Co51, u.s. John T IIonnd and Others The
Defendants were engaged IN porting passengers from
New York to San FranNsco. In the course of such
business they sold fourteen tickets to different persons
for passage in the steamship New Orleans from Panama
In the month of April TO San Francisco the purchasers
arrived at Panama by the inst of April The New Orleans
not there and did not arrive there until August 3d.
teen took passage in thu b,k Anna owned by the libel
LIANT on tho third Of April ana ed in her to San Fran
he had received from the defendants which accepted
by Lane the agent OF the bark at the valuoton Of 500
and in full for the purpose Those tickets were assigned
by Lane to the beant the 9th OF August thereafter
Tee other four tickets purchased by Lane in Pa
but thu consde ration paid for them at the time
of their purchase is proved Is there ndivi
dual who these tickets Of the persons to whom
they originally sold All fourteen tickets were Ia
the possssion of the bclant and produced in court
Ckefa iasuad in Nav Walk far hat Anr
Now Orleans were sold in Panama to large amount,
(s5l0O0) with the knowledge and approval Of Folgcr
who the general agent there Of the respondents In
the business of the steamships and they were purchased
evidence of money payable the defendants TO the
holders folger had funds TO redeem tickets there,
but gave assurances that they would undoubtedly DO
redeemed in New York by the respondents Held,
| be conveyed in the steamship New Orleans in tho
month Of April, from Panama, and that tho contract
was broken US to them by tho non arrival Of the Now
Orleans at Panama during that MONTH and that they
would be entitled to recover back the money paid by
them for their tickets That the title to the ten tickets
given for passage in the .4naa vested in tho lbelant
and written assignment tho purchasers
cessarh to transfer them but tho title to the remaining
four tickets is not sufficiently proved by the libeant
That the action properly brought in the Of the
Libcant instead Of being in the separate names OF the
purchasers Of the tickets That tho variance between
the avcrment in the Libel that the Respondents contrac
ted to carry the purchasers and their baggage and tho
evidence that no mention was made OF baggage In their
contracts is immatcrial variance and does not pre-
the recovery Of the libclant Dccrecd that the
libcant recover S15eo-the amount paid for the ten
| money
paid for each from the time the same was paid and costs
Of suit And that the claim Of Lbcant rs to $780, the
money paid for the other four tickets is dismissed but
thout prejudice TO his right to aud for the
same hereafter competent proof that they were
CURED by him bona dc from through the the original
1 owners
james " Jennen Elisha hickman ads Hans Grant and
Others This was motion on the part Of the defendants
lbeants in February last filed joint libel against the
master for wages amounting, in all, 70 SOS 25 but ne
thcr beant had due him $50 Process was issued upon
nv
Of June term 1S49 Afterwards tho LIST day Of March,
the libel amended and the and congnees
time to file his which ed the LIST of April
last; and on the Goth Of April this motion made
Held that the Clerk ought not to have issued the process
without stipulation for COSTS but the defendant Ii charge
able with notice that 1t done ten days before
without application to the Court The subject lie
must therefore be deemed to have waived his right to
question the regularity of the libeants proceedings The
rules Of June lS49 designed to protect parties
against vexatous suits by sailors for small sums and
they grant privilege to owners and masters in deroga
diligence III claiming the advantage OF them Motion
| denied.
User Mlard and Others u.s. James f. Craig and Others
This action to SIS 900 Of the Of
the Globe for damages sustained by the steamboat
Splendid, by Of collision with the Globe in No.
vember. 1850 The proofs showed that the steamboat
going up the river dark windy night when nearly
in the middle of the river and place much frequented
by sailing vessels began to change her to the east
to make landing at Cold Spring, and while that
course in contact with the bound down tho
|
was in fault in keeping up her full speed Of eight miles
an hour and also IN attempting to navigate, under the
tances with no other look out than the pilot at
the wheel She cannot therefore of the
of the the damages sustained by of the col
iioD Held also that the being before the wind,
and perfectly manageable and being apprzed Of the
approach Of the steamboat and her might easily
have avoided all danger of collision by luing point
or two-not having done she il not equtaby entitled
to costs in this suit aga INST the lbeant Libel
| dismissed without costs tv cath party.
TIE I,rg Susan ads the taf'ti Saies.-Ths was mo-
N q
missing the libel, lie amended by striking out much
thereof as dcc ed certificate Of probable for the
seizure of the vessel to be entered The application
made the ground that the seizure the seizure Of
an officer Of the navy on the high seas charge that
the vessel was engaged n the slave trade and not a
seizure made by any coll ctor of customs other
! nue. officer Motion denied.
Go@d " Livingston RS. Jacob j. .9i,iance This was
action against the master of the bark Miles for not
delivering in good order quantity of seeds shipped in
hamburg in said vessel The usual bill of lading had
been given by the master but large portion of the seeds
delivered in rotton and Perishing state In Feb
rlary last. upon similar libel Of Phelps, against tho
vessel for seeds damaged the voyage this
court decred the ship liable for the damage Held that
the evidence in this widely varied from that given
in the Phelps ana upon proofs in this ca the
damage TO the seeds is attributable to pcril of tho
and not therefore chagcable the master Libel dis
missed. with costs
ton to SOL being the freight of hundred
and tons Of coal brought in the schooner Oyoca
from Philadelphia to New ork. The coal was laden
board the vcss, in Philadelphia by the shippers and the
usual bill OF ading for hundred and 1.-TWO tons
was executed by the lbeant on the statement OF the
weight given him by such shippers. On the arrival Of
the vessel in New York the coal received by the de-
PENDANT and carted by hn to his yard and being
there weighed by him found to weigh only hun
dred and ferty.f tons. He seeks to deduct
SIS o. the value of such deficiency from the freight and
have paid the balance into court on plea Of tender.
H,ld that the shippers acted in that behalf a. tho
agents Of the respondent and between the bellant
and the respondent the belant not answerabo upon
the bill OF lading for greater quantity OF coal than was
actually laden board And further appearing That all
the coal laden on board in Philadelphia was delivered in
New York and that the weighing the coal by respond
ent was without the D. cs, knowledge
OF the belant and that he refused to admit the accu
racy such weight If correct that he liable for
such deficiency Held that the belant is not
BILE the respondent for the said S3S OF but is entitled
to full freight for the quantity Of coal laden board his
vessel at Philadelphia Decree for Sl9l with interest at
q per cent, and COTS.
Richard Toitn The Steamboat Ptt'o-This
ton brought by the Of the soop Delaware for d.