The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-09-16

gesfreght 10 be paid ne rate Of s55 per thousand
feet for tine lumber aud 81. thousand for the shingles,
net proceeds OF The sales at San Francisco amounted only
to the sum OF sl 94 ca which received by the
amount the present suit brought The ceterce up
Is as folows-wiiiam L. fhtner, the master ami part
Of New York in September ls4o-the Other owners re.
siding Ia the States OF Maine and assachusetts
into joint stock association with the respondents and
several other persons not made parties the suit called
the Constellation Lumber Company, for the purpose
Of purchasing and furI ishng cargo for the vessel
the cargo to be composed Of lumber and such articles
the company might deem proper and after the departure
of the vessel from New York the cargo " under
the control and dspoo Of the master, who TO act
under inst uctons from the company, and to be con
sdered Its agent The cargo was also consigned TO him.
and commission OF five per cent to be allowed him for
making the sales at port destination The price
the freight agreed as already stated The stock
Of the company consisted OF twelve shares Ftne the
MASTER having subscribed two OF them and thus being
the owner Of sxth OF the cargo besides his interest
to The amount Of i've per cent OF the sales Tho usual
bill OF adng ente cd into BIZ the master, in which
be made the assignee The cargo WAS under the
direction of FDer and amounted 10 the net sum stated
on .ne DAT s%e I nd
bound to contribute their poportonate share Of the loss
and hence that the purchase add shipment Of the
cargo was partnership transa 'tion, requiring
account TO be taken and the partnership Affairs nd
ssted In order to ascertain the balance nany, due 10
them; and that, Court Of Admiralty Is incompetent
to % Just the accounts OF partnership transaction,
the Court has jurisdiction in the The position
assumes that Ftner mastr acted behalf of the
entering into the ioint association for the
purchase of the cargo with a freight the shp,
for otherwise there preext for this ground Of de-
fence But II not pretended that the owners partci
pate in getting up the adventure, or had any knowledge
Of esee u the master; and IS quite ear that he had
no authority 10 bind item IN transaction OF his nature
either part IL was said on the argu
ment that the bringing OF THIS suit confirmed the acts Of
the master. Il may bs said tn bringing OF the suit
AFT rms the in the bill Of adag but part Of
the Joint association contract appears 10 tha. instrument
Ii 10 n the usual form, the Constellation Lumber
Conn appearing The shippfr5 Of the The
III nation OF the joint stock company Is not at all
involved in the SUIT TO far he absent owners
cerned II is further urged tina. conceliug that the alb
cbse and shipping Of the aut hence partner
tbp transaction nvcvet as TO them still recovery OF
The balance of the freight he Justly admitted until
the settlement Of the )nt concern between Ftner, one
Of the beants and the other members OF the
that this ground - equally fatal 10 the jurisdiction
am Inclined TO concur ia this view. Fntoer Is one of
The of the vessel and such Is ent I'd TO
f0f ton OF the freight For this reason he s made one
OF the hbellants. Being also jointly Interested in the
OF the shippers he is bound TO contr0ute
his share OF the balance OF frt sht claimed And what
may be that con ribuvc share, the respondents
entitled 10 have deducted from his portion of tbs
freight; If the contribuve share exceees this the
ba,nc should be paid to his owners, ounted
10 them as his portion OF the freight to be paid.
do not see, therefore, that Justice be administered
n the without taken bet of the
bennts and the respondents involving the whole OF the
Joint stock operations IN the purchase Of the and
which this court is incompetent to take IL would be mani
Test injustice to allow him 10 in the case his share
OF the freight, leaving the respondents u bring
suit for contribution and do not how this be
avoided short OF adjustment OF the partnership con-
Germ IN the cargo court OF equity adjust the nte
rest Of all the parties concerned in think the
bearts should have resorted to that tribunal concur
therefore, with the disposition OF the below and
confirm the decree dsmissng the libel with costs.