The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-14

Law OF Llen-lmpOrtaAt 20 C0hstSnees.
That famous court known as the Marine Court
Of this city, having been tinkered up by repeated
statutes into some distant resemblance Of other
courts, is beginning to undertake revision of
commercial law, and the long settled custom Of
merchants. Before the revolution is entirely eff
fected it is well enough for consignees to know
what kind Of liens the Marine Court will permit
them TO hold, otherwise we would not give six
pence for all the goods bills of lading, or letters
of advice that are received in New York, so far
as they have been considered security for advances
by consgnees. The case which has led to this
new decision was this The plaintiff, horde
meyer, shipped at Hamburg through her agent,
Hirschman a trunk to New York, and also OBJ
tanned from him her passage to that place
Hirschman, however, not sending the trunk in
the same ship with plaintiff, forwarded it with
many others through one Ibergh, and he con-
signed the whole to the defendant, Loescher, in
this city, with adyices and bills of lading, in
neither Of these disclosing the owners name
He directed their delivery TO one Sutbear who
was to arrive out in due season. The consignec,
Loescher, on the arrival of the trunks so con-
signed TO him, entered them at the Custom House
paid the duties and stored them to await the ar
rival of Sutbear.
When Sutbear and Nordemeyer reached this
country, they called on Loescher, and there Nor
demeyer claimed her trunk but refused to reim-
burse him for freight and duties which
had accrued upon it, which he had paid
and which the bill of lading required
him to pay. The trunk was therefore de-
tanned for payment of charges, suit brought
by Nordemeyer in the Marine Court, in trover, to
recover the value Of the trunk, and Justice May
nard decided that defendant had no lien, and
thereabouts. On an appeal from this decision to
what il called the general term of the Marine
Court-where three Justices Of the Peace dis
pense their united wisdom-the decision below
was sustained, Justice Mccarthy dissenting.
After this decision, no merchant receiving
goods from abroad is safe in advancing one penny
upon them; nor is a bill Of lading the least
security for advances: A rogue in France or
England has now . good opportunity to make
money out of our American shipowners. His
agent at Liverpool or Havre is directed to con-
sign his goods 70 New York house, and to have
| them held for delivery 10 Mr.. Snooks, after pay
ment of duties, charges &c. Mr.. Shocks does
not turn up or, il be docs, declines taking them
The rogue owner abroad refuses to pay the
charges, brings an action of trover for his
goods in the Marine or some other renowned
court. and RECEIVERS the whole value without
deduction. The duties are paid by others,
ard he gets the property free and clear of
all charges. This would b. n pretty operation
on cargo of French brandies; and this is what
Judge Maynard would pronounce to be the law.
We will not insult our commercial readers by
quoting authorities against such law and such
decisions. The Chamber Of Commerce, however,
had better turn their attention to the case, and
see that il undergoes revision in some higher
curt.