New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-09-16
Id W INTELLIGENCE.
UNITED STATES CIRCUIT COURT-sEpr. l5-Befor,
Judge NELSON.


BILL OF LADING-CLAUsE CONTENTS UNKNOWN.
The Bark Columbo against Otto Dill, tai
NELSON, C. 1.-THE libel was filed in this case o.. by
casks Of br'tes shipped from Hamburg to this R0rt
1s nis .s s that the good a'ss ss
goods board the vessel good order and condition and
sers m s Se libel
each Containing some pounds Of brse and abou
eco The csks slightly made in the form OF barrels o.
the sd sSds
from the ship into the hold Of the vessel to in taking
sIss i wa. broken il did not ;Yposr injured till he
Eom II the ship % without discovering the break The
sa.L found broken st. the bse when the mat mai.
bill Of lsdns not proved either in the Court 6O w or
received from shippers Hamburg by the consgnee at this
S .a 1 Se from
de S e s the
rss Implication In favor Of the OF the n.q
allowed generally satisfactory do not mean however, to
SpoS. t
When the mating and were removed the brstes In
sf sss, an. Ssi in 'SSS
III the s Nor na Sy the H 's
the good. beyond that visible TO the eye, or from
It may De. II it does this am aware that
E given s az Hw 3 S.Ss s1 +.
bout quantity condition of the goods If the con-,
Ga a so SIs Be- rssd Az my
snce soes think the clause with
goods shppes and When therefore question arises
Of the content, Of S,;Is Or bales; or 4se
the shippers in the first instance to PROVE the CON
before in which commissions executed
abroad and elaborate inquiry made on his behalf for the gr
goods damaged for the injury the contents hen
The evidence may be dispensed with The ad|s.on IN the bill
that the s % on the ,h . 'Ii s
!. sSssssSs Inowedss But satisfied that thi:
reasonable conclusion the evidence The
states tina, the esh apparently was externally un1jared
erine the break aud might have been stored there with
dscoverins the fact Indeed from the evidence
cords both the body and end would prevent
cry the break unless there special examination 1t
seems TO me- therefore that the which effect
shoud be given TO the clause In question and in which the bur
% lay ss s @ the $
and In the sbsence Of such proof the carrier not properly
unjust charge him. they delivered the consnee
the condition received on the ship and for aIsht stipulated
the bill Of sdns think they have been Decree reversed
with costs
PART OWNERS MASTER, Partnership ACCOUNTS;
VIM Grant and others Ass Cornea Poillon and others
NELSON. c. This libel was filed to recover
balance Of freight The hbelsnts were owners Of the ship Con
% feet Of Lumber as and 19s | s I S
70 as pei the s ns Of h s
San FrADescO suounted only to the Of *l4sa ss
aiSa we. essyed by The m.ster leaving basnee Of ~
The defense .e. up a. follows VIM l. Fhner the master
and part owner OF the Constellation which lying the
port Of In September sa9he other owners resd
ins In the States Of Maine and Northumberland into
Joint stock association with the respondents and several
other persons not made made parties to the suit called
the Constellation Lumber Company for the purpose
of purchasing and Furnishing cargo for the weasel
The TO Be composed Of lumber articles as the
might deem proper and after deoature of the
NewYok the taken under the eon,ro
disposition Of the master who act under
Company aud 10 be ndsred agent Ths 60
TO him. and commission Of eve per cent IN
Be allowed him for making the sales a. the ports Of
The oft freis on
socf Of the Company consisted Of twelve share. Fner the
having subscribed Of them being the
Of xth Of the beside his intcres, 10 the
amount Of i've cent on t sales The usual bill Of sdng
entered nto by the mser IN which be made the
assignee The under the directions of Fner
amounted the net stated 10 insisted the part
espondents that the belants jointly
the adventure and bound to contribute their propoonae
VI the loss add hence that the purchase and shipment
Of cargo partnership trxnsaction, requiring
be taken and the partnership adjusted In
the balance any due TO them And that Court
VI Admiralty II incompetent 70 adjust the open
pADeTshp Transaction, the Court bss 20 isdO0a IN tho