New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-16
LAW INTELLIGENCE
CIRCUIT CoURT-8eforc Judge Mosms

CIRCUIT COURT-Before Judge Mosns
John E,y aCt. Spotford 1ileston & Co.-To recover
. COO alleged be due for commissions or services. In
procuring for - T. & Co.. in 1880 return OF excess OF
duties which they had paid under the Iarh OF 1870 on
mporations sugar and moasses. IL was said that Mr.
Ely formerly merchant in New York. and acqusnied
with the busues considered tina, the construction OF the
Secretary of the Treasury charging duty on the fI weight
or measure the foreign port without making allowance
for leakage and drainage tho voyage was improper
and he entered into agreement with ;, L. Co 10 en-
deayor al his expense and risk 10 biing SUIT on ne
half of some firm thai had paid under protest (which y.
L g. Co. had not and obtain decision changing ING
rule and directing return If the duties 80 ovepad, ana
hat in consideration Of bis trouble and expense he was 70
have per cent tone half OF the money refunded py
he Government On going to Baltimore he iosnd ihat the
m of Bruno * Son, of that place, had PAID under pro
est and he obtained leave 10 bring SUIT IN their nsme
against the Collector there to test the question The case
was tried before Chief Justice fancy who decided that
lie duties without deductng for drainage and ieakayel
had been improperly imposed and the rule must BIO aba
ted and excess Of money paid under Il refunded Inc
case was appealed by the Secretary Of the treasury 70
the Supreme Court oiho United states which unanm, ns
Is affirmed the decision of Judge Taney aud Messrs
soford Iilcson & Co. for thu excess OF duties whch
lie, lad paid received back from the Government some
.3icO0 The present suit by Mr. Ely is TO recover, under
h. agreement. one half Of that amount
deiensei said that the agreement designated mat
WIS not interfere with any arrangement already made
and that Spoord 1es,on * Co, had already agreed WIN
Nossrs r. Douglass and Henry Ogden that they
should take the in hand and ihat plaintiff knew OF
said arrangomcnt-nlso. that the decision which caused
,,rrn of the duties was obtained through tbs measures
ruifued by Mr. f. his efforts being directed to the point
IN duties goods should be charged NJ their net cost
and charges ut the place Of shipment, On behalf OF Mr.
L the allegations for defense denied To BE- continued
this forenoon.
John Fly spoaord, Tleston Co
To recover $1,000 being half tho amount OF return
duties received by S T & Go. ION the Government on
inn orations If sugar and m0lases The Governments.
uder the Tariff OF 1876 had charged full duties on the
onaptties taken on board without allowing TOR leakage
and drainage during the voyage Mr. Ely claims to have
obtained different oonsructon and areiurn OF excess o.
dutts thus paid aud seeks 10 according to agree
II mt one halt tho amount received back by h q Cos
Icing commiss NJ for his services IL IS denied. In de-
ee that the decision by which the return duties were
,owed had been secured through the efforts OF Mr. f.,
which Il denied. The case ison.
Amy Slack at. 1hos CarBey. Sheriff -
pv Mrs 10 recover value of gold watches claimed 70
have belonged to her levied upon al No a Madon lane
on execution against Jas Slack and brother already re-
f. ned TO- Verdict for plaintiff sjls and sl06 81 Interest,"
Before Judge EoNOSDs
Icrn Tngersoll and hs Thomas Wardlc and others
recover 500 alleged value of along bOaOr which
iii OF ladug had been signed 10 take &c on the deck Of
s ship sutton $780, san Francisco, but Il was not
token and subsequently in the ship II. Harbeck. ar.
n, inc there about a month after the sutton II is alleged
that The long boat useless 20 plaintiffs rs arrival
ere having been exposed the dock la Now York. ana
he object in sending defeated the intention having been
10 convey in goods from the sutton to Sacramento CITY
H. defence with other points. i i said that there bad been
an soreement TO defer sending the boat till after the san
ing If the y Verdict this forenoon.
ranfa nl q 4errf TRa