The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-14

furnishing supplies by the order Of the master, ~
yond principle Of tme law that has oss
uader my nstice namely her ohsgeabe net fer
repairing, mate rails and supplies furnished but for NE
damages arising out of the breach of the contract -
furnish from the masters refusal to accept the.
think it will he found locking into the origin and
foundation of this rule in the maritime code, that tho
and policy upon which 1t rests applicable only
to where the materials and supplies have bse0
actually furnished to the ship In ether words, where
the ateral man, ship chandler has pared with the
materials and stores and the ship we'd the benefit Of
them that the lien attaches. In the case of materials
and repairs the articles furnished into aud give
value to the ship itself and in the of stores they
necessary enable her to her freight and
tisl fit her for entering upon and completing the
voyae and hence the proprey and justice OF charging
the ship with the expense of tho articles furnished
work done III. object and foundation oil the rule at
gives to the material aud persons fitting out the
ship or who have lent money to the master for tho
purpose, privilege or right of payment over
other creditors upon the value .S OF the snip.
Neptune. 6 Iagg. adm l29 l50 and in Abbott, part
2, chap 3, sec. ], = 4, ] had occasion to consider
this question incidentally in the Of the ship Pacific
and expressed the opinion there which have stated
alittl more at large. Il Bach r. The lbeant is not
any he have sustained for the breach OF We
contract, is slso The owner ii the master was acting
within the scope OF bis authority think the learned
Judge in the court below erred and that the decree must
be reversed with costs.
1he Schooner n b. Ateu, her 7acAk 6c.-Geo GiHam
and others clan,onts and appellants r VIM b. Dubois L.
tefto'a and af1oce have examined this case, and
entirely satisfied that the decree OF the court below Ia
right, and should disturbed. The schooner
fault in going down the river the dock and in not
seeing the siooP ener, and avoiding her, she might
Superior Court-Part Second.
Before Hen. Judge Campbell and Jury.
Ocr. l1.-Lpndn Derby, administrator DC, af Dr.
action brought by the plaintiff from ths
defendant teacher OF private college in this city,
Porter deceased the defendant At the time q Dr.
Ps death, which occurred in January 1852 Dr. Porter
was teacher in 'he DESCENDANTS school, and the money
alleged to have been due for his services susk
teacher 1t appeared that Dr. Porter intimate
terms with the de endant lived in his family for severa
prior to his DEATH and received in addition his
board, $500 per year, and alleged to
debted unto the plaintiff at his DEATH about $loe In
July 1852 the plaintiff took out letters Of adm nistrasn
under which he demanded all the property and affects a
left in the possession of the defendant at TIE
time Of his death appeared the trial that the prin
cipal witness for the Plaintiff New Orleans aSsI
this suit commenced and, during the past sunne9
fell victim to the epde mic prevailing there An aanA-
that he Dr. Porter $500 Evidence produced N
the part of the defendant through his son. Frederick r.
up the accounts, balance found against Dr. Porter
whereupon the jury under the charge of the court
tired and shortly after returned with verdict for the
defendant.
OCT. 12.-Lyman Derby, Administrator Of T. O. Porter,
deceased ogoins Charles Coudet-Ths was action
brought to recover six hundred dollars Of the defendant
alleged due followsTwo hundred and ffty del
lars for balance of account, due by defendant to Dr..
for services instructor in his academy and the residue
for effects clothing &c. alleged to have been owned BY
the Dr. and left in the possession OF the defendant The
plaintiff is tailor and having bill against the doctor
the first Witness it appeared that shortly after the de-
Of Dr. Porter friend called upon Mr. Coudert fer
the effects of the doctor and conveyed them coach
to Mr.. VIM Porter brother Of the deceased Mr.. Hal
stead of the attorneys for the plaintiff then testified
that he had called upon Mr. Coudert who had made ad
missions to him the effect that he indebted to h.
in the of two hundred dollars On the part Of the
Defence Mr. Frederick H. Coldert testified that Dr. Porter
had been for many connected with the defendants
that the rate of compensation agreed upon between the
doctor and defendant six hundred dollars per
besides his Board &C. that he (witnes had been in hs
habit Of paying Dr. Porter such he applied for,
and that during the last years the doctor had bsea
credited at hundred dollars, though he had newer
been informed OF such increase of salary that at We
time of his decease the doctor indebted to the -
PENDANT in considerable for advances besides whiah
the defendant paid his funeral expenses, amounting -
ST. 80. Verdict for defendant