The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-17
Superior Court-Generai Term.


FEB. l6.-James Lee and Others ps. Moses H.
GrinneH and Others-The complaint presents the
following case:-That on the 18th Dec, 1858, John
B. Kitchng shipped on board a vessel called the
Great Republic, then lying in the port Of New York
six hundred tierces Of mess beef, of the value of
SIS 800, TO lie carried in and on board Of such ship
from New York to Liverpool. That on the goth
Dec, 1858, she took fire, and was 20 badly damaged
aud burnt that she was rendered incapable OF sail
ing and the voyage was abandoned. That the beef
was discharged and delivered to the defendants
who with the assent of all parties became receivers
of the cargo and ship. That on the lst Feb. 1854
the defendants sold at public auction 635 Of
such terces of beef, and collected the proceeds
thereof-viz., the sum Of sl4 ,4l6 87-that they be-
came liable to pay such amount, and were requested
to do co. after deductng their reasonable commits
sions of 1850 A. The states that besides the
beef shipped On board, there was large cargo be-
longing to other persons to be carried to Liverpool
according to the tenor of sundry bills OF lading. ex-
cepting the dangers Of the seas and fire. That by
the breaking out of fire in Front street, and its
Communication to the ship. she and her cargo were
put in imminent peril, and to preserve them it was
necessary to cut away the masts, which was done,
and in doing which other portions Of the ship and
her cargo were necessarily greatly injured aud da-
masts and of the damage and loss necessarily occa-
stoned to other portions OF the ship and cargo, the
said tierces Of beef and other portions OF the cargo
were saved and preserved; and that the plaintiff be-
came liable to contribute to the amount Of loss, da-
mage and expenses voluntarily incurred as afore-
said, in general average. That the plaintiffs had
agreed to allow that 30 much as they
might thus be responsible for should be re-
tanned out Of the sales OF the beef. Such sales
had been made by the defendants, as general
agents of all parties by consent, and amounted to
the sum OF sl4,05b As, after deducting commits
eions ard that the amount for which the defendants
were liable upon such general average was the
sum of 81 Sal 20, leaving a net balance due Of
81 PA IS, which the def ndants offered to pay.
The cause was tried before the Chief Justice and
jury, in March, 1856. A verdict was taken by con-
sent in favor Of the plaintiffs for the sum of
$l4056 As damages aud 81 500 for interest, subject
to the opinion of the Court at General Term the
questions OF law arising upon the statement and
adjustment Of general average, and subject, also, to
adjustment Of the amount Of the said verdict by the
Court, and with liberty to either party to turn the
case into bill OF exceptions. The two Judges each
delivered elaborate opinion and the result that
the adjustment must be revised upon the principles
stated in our opinion referring the to the ad.
usters referees may be entered to be settled by
one Of the Judges.
Mr. D. Lord for defendants, Mr.. Cutting for plain.
tifs.
Charles Gould rs. Bottles M Segv.-Judgment
reversed new trial granted as to Seger, costs to
abide event. Motion to increase verdict against
Geissenhamer denied, with $40 costs.
Frederic M. Kelly rs. Francis H. Upfon.-Conn-
plant dismissed.
Charles s. Stearns Us. John Tappin-Judgment
for defendant.
Abram b. Miller ps Nathan C.. PfatL-New
trial ordered; costs to abide event.