The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-28
United States District Court.
DECISIONS IN ADMIRALTY.
Before Hon Indpp Belts

APRIL 27,-At the opening Of the Court this morning
opinions delivered in the following =
Henry Couildrd U.s. Anthony L. Bteecha-An agreement
with the master Of ship to pay the passage price OF
third person the is maritime contract and
direct and not collateral undertaking. and the master
may maiL tain an action upon it in his own name The
master Of ship belonging to the United States author
lied to transport property and passengers freight
enforce contract for passage therein in his name,
the same as if she was private vessel naval officer
may charge and receive per centage freight for the
ard transportation Of SPECIE precious stones &C.
from port to another beard ship of if not
prohibited by law, and for parity of might enforce
an agreement to make compensation for personal pass
age The contract in this being with the beant he
can sue upon in his own name whether the recovery
belongs to him he is liable to account to the
United States government for the amount Decree for
$3.50 with interest from commencement Of suit
Suit for freight bill of lading from Liverpool to this
port lot OF iron delivered TO respondents by the
ae at IN ss port in sh sTy rusty s s 81 n. Pso
a reservation written it "ship not accountable for
rust and the belants proved that the cargo put
board at Liverpool badly rusted The proof that
the iron properly slowed in the ship and that barrels
soda ash, laden on board sso properly and Sc
curey slowed in the sides of the ship and in the usual
in relation to the stowage Of iron with it. He'd
that the sbipowners not liable for the damage 70 the
iron without proof that the rust received board
and for want of proper stowage and Decree for the
full freight, with leave however application OF tine
respondents open the for further proofs to the
OF due and attention by the master to tie cargo
or in slowing the iron or soda ash on BOARD.
James ". Phillips rs. the Ship Woodsides collision
between the ships Conqueror and Woodsdes at vas
the instant of the collision by the master and in
the night time and supposipg her TO be sinking was not
abandonment of her, as to render her derelict
The Conqueror by laying to during the night at the
quest of the master Of the Woodsde to assistance
deviation thereby forfeited her policy of
The Woodsdes and her cargo we're in impending peril.
The Conqueror BY restoring her master and crew to her
the day. rendered beneficial service which II not
strictly salvage service one OF maritime charac
ter for which the libeants entitled to compensation
The service without danger exposure to the libel
l.tg octl hQr
vessels being bound to this port and caused but trng
delay to her progress, the wind being ahead and very
light No compensation for the service being offered by
the OF the Woodsides the bellant entitled to
costs OF suit The Court decree reward OF $500 aud
costs of suit.
Geo1ge Parien IS Silas Ford-The remedy Of the L.
bellant in this both upon the peadngs and proofs
is in alone The libel asserts full title 10 the vessel
in question in the libellant and in effect actual pos
session. ard the proofs support the allegations The libel
liant claims her arrest and restoration because unlawful
ly taken Of his possession The not arrest
ed and coyery Of her value sought to be had
the respondent personally who sold her TO the hbelant
because after the bill Of sale duly registered the
ter peviou y put board Of her by the respondent
fused to quit the vessel and wrongfuly took her away
and she lost This matter properly pleaded would
be tort the part of the master no. committed with
in the scope of his authority master and committed
without the autk~rity knowledge Of the respondent
and he cannot bemade answerabe for it, Decree for
John H. NOT Is. Elisha Rucimon. ship is ansvera.
bic for shpstores necessary TO her voyage supplied her
her home port the application OF her MISTER unless
IL appear credit given to him. the therefor
personally. The of such sh Ds also liable for
such stores if sold the credit of the ship and owners
unless The sellers have notice that the purchase is made
by the matter for charterer and not for the owner
An assignee Of the debt who has paid its full amount
can maintain action in his own name for its
recovery The assignor being fully released by the
assignee, is competent witness for the latter al.
though he admits, examination that he does
not believe he should suffer the assignee TO be losor
should he fail ID the debt of the respondent
When charters his ship lets her on sh res
the birers 70 vctual and her and pay all expenses
Of navigating her, he becomes discharged from personal
responsibility to her for and for necessary
shipstores and supplies If the those ,ho fur.
irish supplies have notice she is naygated The char
hirer becomes then OF the voyage and the
real Is absoved from his personal liability as such
the debts Of the ship Thestrong and tenor
o. the authorities farther than 10 transfer to the
substituted for the voyage the liabilities Of the
actual owner in OF notice such substitution &C.
tn i'm Piled But the doctrine is laid down in Ter
terms in recent decision in United States Circuit
Court TO exonerste absolutely the real owner in
with the master in ignorance Of il. and on the
cfedit Of the ship and owner. II j. 10 be observed
however that the facts OF that afford strong i'm
uca If not direct proof that the creditor knew the
charereI supply the vessel at bis barge In
the present. the charter party by deed under
gfal and let he vessel absolutely from the 10Th of sep
timber 1851 10 the 25th Of September. 1852 aal 6y
force az he of Congress Of July 20, 1880 II void
20 the bellsnt for want Of registry al the Custom
House IN this port, and TINS became merely Sc
81 baIEdin letting betaeen the owner and mastef
Tat is not enol ph to revoke the agency 81 master
ship. eh.r ID pect 70 the ship owner and the re
stonen tsner accordingly stands responsible the
hteant Tor tie shpstores IN question purchase ha
1e9't ~ he master Decree for lbeLaL: fol f.i o.,