The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-20
United States District Court.
Before Hon. Judge lngersoll.
nErIGnN IN AnMvpAUwy


G. Wiiams-ln the month of March, 1850 the respon.
dent the of the brig Selma then lying in this
port and bound to San Francisco Wishing to provide
her captain with funds in he should need them
the voyage he wrote to the beants the following let
ter
NKw YORK, March 5, 1850.
MEssRs W. c. PIcKERsenI l. Co.:
GEsTIEMEY-You will please give me letters to your
friends in Rio and Valparaiso fbr Capt John Dean of
the brig Selma to enable him to draw drafts at
days sight If necessary, account of said brig,
which drafts win meet with due honor presentations
Wv ''N'' S''S' '''' '' j. &. WILLIAMS.
Upon this request the belants furnished Capt Dean
letter of credit upon Messrs Rosern, button Co.,
al Rio, and the brig soon after sailed Early in May
she arrived at Rio in q damaged condition Captain
Dean presented his letter of credit and requested
that the necessary supplies and nd repairs should be
commenced Captain Dean died, never having drawn
the drafts. The vessel for a time under
the charge of the mate, and afterwards a new master
Captain Story, appointed by the American Con-
sui, and approved by Rostern, Dutton Co. Tho
pairs were prosecuted meanwhile and when completed
drafts drawn by Captain Story the respondent
the amount being between and eight thousand
dollars which he refused to pay, whereupon this suit
brought The vessel sailed from Rio in August. She
afterwards put into Valparaiso, In need of further
repairs, where she was sold with her cargo BY her
master and the avals Of such SALE or portion oil Them
sent by him to the respondent, VINO received
them The respondent claims that his letter was
merely q special application to authorize captain Dean,
and no one else to draw drafts lie also claims .na on
-
made abandonment Of her to the underwriters on the
10th day Of july which abandonment took effect from
the time the Of abandonment existed and that he
not therefore the of the brig when the repairs
and supplies furnished and not therefore, liza
te for them He did not however pay over or tender to
the insurance company the avsls Of the sale OF the brig
received by him He also claims that he Is not liable to
ray the claim because the 3oh OF August, the then
master executed botomry obligation for them, by which
the original demand was merged II not, how
ever under seal, and was expressly stated to be
Collateral security He also claims that this security
was recognized by the parties valid bottomry OBJ
legation by subsequent agreement dated December
~ 1850 entered into between the bellants and the
owners OF the cargo of brig the respondent being
one OF them. This agreement provided that nothing
in il should affect the bottomry Obligation any
rights Which the Hbellants might otherwise have
aga ms, the Of the vessel and the respondent
promised that II the bottomry obligation should not
ie fu security 20 the libellants he would pay them
the balance that might be due Held by the Court that
the I.omse in letter of March to accept drafts,
was ONLY secondary-the object Of the letter being to
secure funds for the necessities of the vessel and
that whatever repairs and supplies were furnished
AZ Rio TO the brig we're TO be paid for by the re-
spondent--such payment not depending upon Cap.
tain leans drawing drafts as condition precedent
That The supplies not furnished upon the i'm
Plsa agsAggI VI ihs master to bind the owner, waa'