New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-10-23

'ols az "a ~, W. Wres Ac-J IN Il Brower
- rcxrp,c- oy ,TvRrrGurxESr-DUrr ron
CARRY UNDER DEcE.
t. ,be s,;, first above entitled the hoeant seeks IN
-s yer the f,isl claimed g. b. cue n '1 -, -, -
tf mn .uor-s-iou bad tAa, Nrssl oi ~ I'm - -
b. Tx,s 20 New-lork Cuy- Ins AN y ~
owner i TIE Water VIC = re,l',, "a ~ Mister and owners
~ - ,f[rrss- xcc,Jn ~ IN amount ne Woe .,.ta
WeL rid ,'l,- vi-~ --Yr frtn ..1 isuiaEes to
Tf@.-t,-...t. 49, T-cs.tutet 20 recover -. -
~ III r.. sur. ere hta-' .osctt'I- ,,,h
,J - . 20 B-y,,- < c.. 20 ,n'A,1 these 'l-s !.
,h.i- VI r.s r. .h .ous,' anl agents o. ~ - bs
hayi- Pe-s interest," by SON ei . b's Of
.adn- p, psrri rress- ted ~ iat :, ,,si m
as .evr ii Nv L, master; b. - reiusa - -
-h.s. i- ias,a ry,a grounds Entirely c.c' - -, IN
~, arrv e.. vessel % New York they were BY a'l -
-zcc : ths l're,. 81 re cotton oy le,.'st.I 800
a. such .ud p.esr .l -lt is bill tor tie rei,A'
TIE c. i-er e-ty u,,yr thes, cases ~as n1 IA .Ssr1
- 'pp'r' gr"'ne,' Eo wy ~ ~ ,ib - con.
I'm -,ts Of d -ese as nv ssrrru,a, or consent on
tie part 81 he shippers that part q The cro should o.
deck lt therefore. Tie tuty 81 the ulseTA' = :
way. the d-ty Aster ;he sbsnoe OF any c'nrs con
etah.. I'd allowing The cargo. 90 psF' % y.
be carried 'n trko carry j. under deck - "oaio oe ~,
NJ i-r clean bill oflaiiss JPon paroi contra 81 go
reu wter" there xpr,ss sP1aons in rrIaft 20 t'
extent e re hPoWner. liability, he extent Of That Ao
o. r et ~ law :. ec1oess nat me- j. - 8s
s. sei';a- que, o. eA,iied gn1t! Dec ~
shrvers riN particular trade aud between part ~ ports
nf
,i bru r owner ha '-e .h avoids 10 respect 20 that
II trace re -ce OF the general sie, which hal ~
c,|act Of a1tish,er in TIE partc 40 /. by paro i.
contained the orcray form CT what called clean t OF
aud VEL known The established rule Ais subject i vel
~ avn bv Judge Ware In the case Of The Para.ou Ware,
E,r - ST. and So. with his accustomed precision and ele
ee Il exprt ssion vel as with the med accuracy OF
flsr learned able Admiralty Judge. See also the Rebeces
But In ths case here DO satisfactory proof % such Gus
s.rns The existence Of such custom Besides the freight
agreed be pad was uniform re and ne 9Tiay Iste Of
in N.rrsrd at Hudson % Sumurr 55l an agreement thsi
goods ppsd urer eccan b = a.ns ART 20 ape c1fel on
tr OF such bill vay deck r. shi only would seem To- l
low that tor ne payment OF undeidech iIs
in the absence % proof o. an eHPs CONTRACT 90 ".
rp4 70 be held establish concusyely the Obligation 81
Do the &boe evidence theu .hal h, that the liabilities
Of lie Water itch IS though the cot had Been
that the cotton was shipped ~ slu s - .b
such bin of ladns been consigned 20 the No.'' vi '
m essd TO he condition Of the cotton when h was shipped
and the great question IN regard 80 ne damage received on
co, - of testimony equang that respect the c3nhe Oh
testimony In collision between Two 'eseIs 'v WIN
ter.u points OF view and eyeraly TESTIFY under A' W
Of the natural and ,iro Prfuaii MwaS b 1S, the very
had condition the the time Of it, delivery IN
Yoik resulted ~ pat least from eadhnsge ot "hn INC
ye,sl 10 liable II is true that Il WAS probably rce'd NJ i'
condition from haf is called country damage AMI ceftay
inc 49, packed in bales to is arrival in New York but
satisfactory mode OF determining ,he snSIn' % %
b,fe IA pmcutl for which TIE Water Witch Is liable,
,cen, BIZ rercnce sfordng al parties ul oppoi my Ia
produce All the evidence which can be addaced upon ths ~
A.. a..
TIL snunt freight upon the cotton delivered 70 Brewer
Co and sheldon respectively allowing only NJ the on Geek
rnt for 80 much the cotton actually ceu "n ueA'
Werrnrd sgt. Hudson, Sd Skinner, 5J7.) .e
The amount Of seadssge upon each lot OF such cotton Tor
which the brig j. responsible , --. - g =,
And on the ming in and confirmation OF slch epor n
deere should be- entered according TO the rights Of the parties
"A determined b. such report.