The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-02
United States Circuit Court.
Before Chief Justice Nelson.
APPEAL IN ADNIRAIrY


ocT 1.-EGnghsn. y. Sutton Us. Frederick Hennsu end
0hoE-This libel filed in the court below to re-
cover baanee Of freight earned by the ship cgne for
cisco in the fall Of s49. The goods described in the bill
Of adng consisted Of thirteen bundles, thirty pack
agee and twenty two piece. Of lumber, two cases.
iosls two bundles Of doors and considerable qssntity
OF plank and boards particularly specified The freight
ffy-fve cents per cubic foot, with five per cent
10, payable on delivery Of cargothe delivery To tho
order Of the respondents the shippers their
signs The goods to be called for the port delivery
within twenty days after arrival Of the ship and freight
paid sufficient to be sold for payment OF thu same
ter part Of March 1850 No con.gnee Of the cargo or
other person appeared 10 receive The delivery Of il and
pay the freight and after the expiration OF the time
toned in the bill Of lading it tdrned by the
master o. the vessel to the house OF NelIs Howard
Co. to taks tho proper 70 collect it. They
the bill Of sdpe into the hands Of J. L. Riddle
Co., OF the hrs auction hOu.-s in TIE city
Francisco with direction TO sell the goods at auction for
tic purpose Of paying fre ght They advertised
eofdnsly for sale in the usual and customary in
newspaper, and handblls placards and sold at the
suctioneers the o0th OF April after the arrival
OF the ship thas Schoned he being the highest bid
der, for the Of $50 leaving balance of freight
id 81 SS g. TO recover which this libel has been ned
appears from the evidence OF |cholhed the purchaser
that lie resold the property within few after Inc
purchase al auction and by retail for advance OF be
tween two and three ounand dollars and is supposed
snd commended on the part Of the shippers that there
must have been some unfair dealing in the sale BY the
matter or persons employed BY hn else ther. could
not have been great sacrifice of the property The
adventure has certainly been unfortunate one but
ind no evidence in tho 70 charge the loss upon
master or his owners. lie has been examined in the
esEe also member Of the house. and his clerk
who had charge Of The sale The suctioneer and par.
chaser and their Testimony full and conc asive tlst
1' - was mae N .us usual way, and with all ,hs
means customary TO induce competition IN oidanS ~
public auction. Efforts made 10 ascertain |! the
goods had been consigned 70 any one, and from the mi
tal in the bill Of laiins 1T supposed possible that
Mr.. Gelston OF sactomento CITY, might be the s~ner
ard letter vas addressed 70 him accordingly, but
reee,,sd And u u more thaa probable, uPoa
tire proofs that the blu sf adns had bean Transferred TO
him by the respondents and that he had agent at
tending the sale and who bd apon the goods, bat DO
sining nike the cargo and pay the freight fhs evi
dencs is not II character that would authorize ~ b
place reliance apon il IN dscdiag the ease bat IL would
have bcc Satisfactory II sems explanation Of the
eireu instances had been given by the respondents II
must love besG in their power 70 have removed any
unfavorabe nforAacss AgaiAst them in this matter
But do not regard this view al all material in the
case The ground upoa which place ,hs decision ia tsat
The proofs full and satAfAetory that the sale Of s
as..is fAr and made In the ssusl AID touAry
the srsupsnces 70 obtain for them the highest market
price Consieable quantities Of other goods we're sold
the time, embraced in the same public aycrtiss
Of the sale and dy bidders present and
bids made for these goods before struck down " he
purchaser Ii there has been sacrifice OF the goods OF
s respondents 10 Ia their misfortune and rssras bic ~
OF the trade In which thsy engaged fss
beAnt has performed bis part 81 The contract sntsrs
iato With theIs and Is entitled " his compensation
cannot Therefore agree with the Late Judge Judson thas
the sale irregular that inference OF snfsirneA
Is warranted from inAdequacy u price atc~ the eIplanA
ZION given by the proofs ia this ease must hereiors
reverse the decree below, and direct decree Tor tho
balance n he freight and interests With sosn
NopUNxps 81 PLYh0UTH RocR-This truly ma
tonsi enterprise happy TO state Is rseerins an
Impetus which sugurs well for ia Ultimate construction
Many Of the sold men, both u Boston and New York
contributing literally for that purpose and tho pub
lie al large eyinee much interest in tho Undertaking IL
was announced at the late Pilgrim celebration that Hon
Nose. H. GrnneI, Of New York, had pledged 81 900 to
advance the vsrk since that time the Hon. Abbott law
Fence ted $500 for the purpose and it Ia
understood that other wealthy gentlemen Of large
cities stand ready 70 give material aid FOR patriotic
object II would therefore appear thst at yefy distant
day Plymouth Rock will be sraeed BY an appropriate
token Of the noble deeds OF those brave
pioneers who upon that spot planted tho foundations Of
a mighty Republc.--Bocop TpgDsgipt. Sep, 10