New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-18
TBoston Atlas.
SUPERIOR OBSERVATION-DISCLOSURES TERM-Feb t.
Present-All the Justices.


Judge DuRRfead an opinion in this case, which was
sisd before himself and Justices Campbell snd Holman -,
cargo the Great Republic After the ire the whole eSrso
have the seners settled Plaintiffs share sold for
$4,000 for the recovery Of which this action brought
defense that the liability OF the paintin on general
average IL more than 900 The balance they offer to pay
the result Of which per of the value Of PLAN
hns share adjusted upon proper Pneips-a question "
The facts appearing by the Of the adusters Of gen
oral average (which are .geed 70 be taken a. proved oy sn
questions Of no little difficulty.
Was the cutting away of the me,s &c voluntary sseri'
Not in opinion within the meaning Of the rule was
Being sacrifice step taken in order to save other
Parts fhe vessel So indeed The adusers ana
consider the consequences subject Of general but
the rule that consequential follows the RUE Of direct Tss.
ting Of the masts was necessary ACT u the master ~ per
hnsnce Of bis day as master souheiy implies n4 merely
Ieneeka support the view have eken Phillips opposes it,
Justice Hoffman, iEcDes 20 agree
however unnecessary TO decide this tor the purposes oil
this cause because we are agreed; ..... -. .,,
away Of the asi &c should have had the effect Of destroy
ing dninishBg the danger Here il increased IT, IL must
appear that beneficial result those called
contribute. Here II was injurious -
Was the scutng OF proper subject OF general average
We think for it preserved portion Of .he cargo and
As there was freight earned there be general
average upon that score.
sum repair the injuries from scuttngboh those
direct and those and this as well as other Incl
Gould Va. Leeser, &c
The opinion of the Court was delivered by the Hon.
Jastice DvER.
Action of hand against the maker and indorsers
Defense that II accommodation note and thst was
never indOrsed fraudeny takercts alleged to have
Been known 10 the plaintiff
No rule in Commercial law h better settled than that bona
hde holder for value of all negotiable paper has good nue.
which be reudiced BY the acts OF previous parties
Is plaintiff then bona hde holder
This taken after maturity by the plaintiff, who
therefore stands IN the shoes Of his immediate mdorse was
hs bona hde holder Undoubtedly upon the evidence
But insisted that unless the person claiming to he
ksna fe holder las It's full nomnsl value
And doubt this true properly understood Both these
ccumstsncesthe price paid and the course OF business N
the question Of good faith But PeI'Sn may be PS
ms notes or who has paid the full nominal value.
also insisted that plaintiff made out no TUE by indorse
ent that GesenheneFs putting his nsne on the note dd
This where party does not himself TO be bona
ode holder for value but not where he does aud SO the cases
POINT OF PRACTICE.
Stiff ast Msr-BeiOre MT Justice WOODRUFF at Special
Plaintiff assigned claim to a third party, who
brousht defeated in favor Of the defendant
This clam then reassigned 70 plaintiff who recovered
thereon Against this judgment defendant seeks TO
set OF his costs Ia the former action $500
Notion denied unless defendant for reference within
days inquire whether first scon prose oued for
granted
Charles S. Stearns agt. John Tappan.-Judgment for
Fred NJ Kelly agt. Francis IL. Upton.-Complaint
dismissed and jud gment for defendant.
Abraham Il. Miller agt. Nathan e. Platt, and Others
New trial granted Costs to abide event
SUPERIOR COURT-FER l6-Before the Hon Justice
MURRAY HOFFMAN,.
Theodore S. Draper agt. Adolph Klemen. Com
plant dismissed with costs.
SUPREME CoURT-FEB. l6-Before Justice DAyIKs
William Wertheimer VS.. Elizabeth Wertheimer-
ads of