The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-18
United States Circuit Court.
IMPORTANT SUIT AGAINST THE Ex,toLLEcToR.
Before Hon. Judge Ingersol


DEC 17.-Chdries r. Loosely rs. Hemun J. Ree!fe'd-
This was an he trial Of which has
pied the court for the past three day for the recovery
of $50 o0o brought by the plaintiff, receiver and as
Austrian Consul FOR the port of New York. against the de-
PENDANT as Collector of the Customs for that port arising
out of four mportatons of merchandise at New York in
December 1858, and January 1854 per ships Rastede
Donan Ebe, and Deutschland, from Hamburg, shipped
by p A. Mlberg, and consigned to Bech Kunhardt, at
New York. The goods had been obtained by Jacob Ry
back for whose account they were imported, but
claim that Ryback was absconding debtor from Aus
tria the original Austria ownerso the number of thirty
caused proceedings to be commenced, on the 3oth day
of December, 1853 in the New York Supreme Court
against Jacob Ryback and obtained order OF court APP
pointing the plaintiff receiver, and an injunction 10 pre-
Ry back from taking possession OF the goods which
still remained the Custom House Notice OF such
ownership and injunction was given TO the defendant aud
he requested to hold the goods for the benefit Of
the receiver. This the defendant would not under
take to do but IN consequence of suggestion copy
of that notice left with the keeper OF the warehouse
where the goods were stored shortly afterwards the
goods by the Rastede and Donan withdrawn from
the Custom House by Jacob Ryback and one Dechy by
the production OF the bills of adng making an entry and
paving the duties and about nine months after that the
goods by the Ebe and Deutschland delivered to VIM
H. Trott and Stefani, who produced certified copy
the manests and alleged that the bills Of iadng were
lest. The plaintiff followed some OF the goods and re-
covered part OF the proceeds Of sales in the hands Of an
auction house in this city and another in Philadelphia
The Judge, charging the jury said that this What
is called action OF rover, brought against Mr. Redhed,
Collector of the port Of New York. for the recovery OF
quantity Of goods up in the declaration and which
imported in four vessels in December, 1853 and
January 1854 Before the plaintiff recover, he must
establish three facts, and these are-hrs that he was
| owner Of the goods in question; second, that he
was not only owner, but that at that time
he had right to the possession OF the FOR he was not
entitled the possession he cannot recover although lac
may been the owner third that the defendant was
guilty Of wrongfully converting the goods for his own
use The Jury not take into consideration what has
been respecting this being nominaly against Mr.
Redlcid and that he would be ndemned by the govern
men If the goods have been wronfally converted by
| Mr. Redhed, the government will not indemnify him.
For purposes Of this t jury might consider an
established fact that when these goods were taken out oil
the public this plaintiff the legal owner OF them
they wouii consider him not only the legal owner but
that he hal the right To the possession that the only
question whether the defendant wrongfuly converted
them his If he has not, then the verdict mus
be in favor the defendant The Judge procesded
that Mr.. Redaeld not bound by We w "nat suit
Inc deputy Collector issued permit which he ought no
10 have issued, and II the store keeper delivered Tho
goods on that permit, Mr. Rcded not liable Tho jur,
might assume that the Deputy Collector and the store
Keeper acted improperly yet though they may be per
sonaiy liable, II does not necessarily follow that Mr. Red
Held personally responsible unless he directed the De.
putty Collector 10 act as they have acted.
verdict Tor the defendant Counsel for plaintiff Messrs
Ia Rogue and Bedoin; for the defendant. Mr. Nixon
United states District Attorney and Messrs Mccullough
aud Ridgeway.