New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-19
UNITED STATES DISTRICT coURT-Msy is-Be6~s
judge BETrS.
DECISIONS IN ADsIRALTr-cHsRTER PaRIY-ou.R-


This was libel filed by the Of the schooner
r,cr 10 rrcv,r defendants sicr-d balance Fl
So upon charter Of the bs them fo voyage
Prrc, snd hack Tor the som q so OF which ones.f v..
sd but payable By he shaIteer. IL sssys.t
tLe smouht q so" The on. half q the charter neasy
vs adm tilted beef received and 80 Of the other ham
% dit. PSe e f 4 , asr 81 Port e and
they advanced Moneys there TO FREE tho ve.. 70 TIM sn0un<
10 ~ G We. Whether VIA, they hsd paid st Port
BE- CREDITED the charter money beyond the *iS
orSsed That Il be retired Commissioner TO .scsta.
whether tbe sum o. money paid BY the respondents to the
t., Of the vessel a. Port sdPIe upon hi. dr, a, that
place psd The besDt since the eonenoemen, Of the sun
satisfies f the s7o psysbe the ehsrer party together
with cot, Of sui, due At The time Of payment Thereof
For bh~lsu,s Me.srs. Plat. Gerard Buckley Toe re-
| sySndeuts Me,.rs Benedict, Bun Benedict
| sMvacE-DERxLIcT-Dis
TSs motion for an G order Of distribution Of the
q .,Sd RPS S . %. ,.pee sDs s s
rendered by default The ..lvOs demand the ls-
mtrt entire property 20 them compensation for bring
ss 4 IN nAis sSs properly
tween its owner and those who have and e,sss
IN. and f rs @ Ropfy s ss.T to the -
their r.k and labor IN that !! is cempe,ea 70 tse
Court to devote the whole pPI,y to the .s'i'isssn q tn
however b. los sisht o In the snney to 20 tan
| justice 10 The merit. q the sslyors -
under the decree Il condemnation in this cause a.
the Of fC snd the poces deposited in Court wcsc
The schooner William A. Sposori which employed In
|
.iS H.Iowrer APPENDED in ussne the salvage and keep
Ing the we * after ivs- brought In sl1 She
BY Of nine snd master bound from Florida 70
NE WIZ WI D S - ~ ,ss w 500 mile. from Now
York totally abandoned partly stripped The weather
rough sud the had The wreck manned and worked
wrrci The Of the weather and the all
unavObe to ayinshsr but .he was worked BY adoa: and
pcreveng ereron without special hazard other than
supplying equipments from the .ayins vessel sod TIVE
navigate tho wreck aud being exposed to extra labor On
| both vesses-
think the allowance ordinarily made 20, ..iy,ss
the 10 he
m.,an~e .ha decree that he ibel.nt. recover oy
St the net scrS S S S .ons the
pod by the besnt. and direct the sum IN Court after dedne
half OF which be paid to the owner Of the sgosor th
Ss semen 90 rem "S vent board hun aided
her part 10 the master Of the Spohord and
FO t Sas & ssn S@ FOR c%ss S
| TOWING coNTRAcT-DANAGE To VESSEL rowEp.
| George W Pstten 81 al aEt. The Steamer Illinois
This libel filed by the owners of the canaboat
wv Williams. to recover the damages Sses:oned TO the D':s
AT The s o, master and Trp S. the Se
.S., Sn Tue p. Of -. Smbs o''"
HID Cost-Ths the exact In which tn in
The coidps object was an sociated boat or tie .tesmes
self the injury caused BY the fault Of the steamer Ts.t
that attempted to PIT her in motion ser ale had eeeo
hced by airy wrongful and positive act Of the steamer sas
self any other one or draw any other asanst her
That the injury oceasoned BY the natenton Of those
| Libel dismissed with costs
For libeaut MI shufet for claimants Mr. Van ssntvoord.
| LIEN FOR sUPPLIEs-REHEARIsG.
| Matthias Clickener ct al. ast- The soop Reyense.
This libel filed to recover for repairs and sup
| plies furnished 20 the vessel In this port. -.
The merits case were not Como into as tne ess
supreme Court at the last term the Of Pa.t Rcd
and Court done in several other similar eases. ~
s H.: mS se For Mr.
claimant MI Mcmahon.
COMMISSIONERS REPoRr-ALrERSATwE DAMAGES.
Jededah CHAIRMAN al ng The Steamboat Empire state
In this case which was brought damagesfox
coson decree rendered for The bean with sreierenos
| 10 the Commissioner to ascertain the damsses
The on The Of the pOs;SS 81. nT az. IN
t on the @ con ,s IN ' css he bound
m sd Ts matter then ane exception. to the report
coaThss no o%9d.T N. ss ,Spo Of n, n,
The report must be absolute a. to the sun
sR awe. . no S9
report For lbslant, Mr. Hastett For claimant Mr Lord.
sALyAGE-yEssEL CARRIED orr NJ ICE.
| Martin Dennns sst The soop James P Wilde
Tbisw libel filed by the owner OF the steamboat
.riee. rnSsred to The .ooP ;oap S.n .oh .ss
200 lying at dock in the Est River on tho Boos{.
aood tide and frozen into he EeId shs
.as Of s being ass uR the but ~
cred about seven hours. The owner Of II. .oop
besnt $50 for tho service which he refused but wa. Wiling
For ubcIsnt Mr Mcmahon; for defendant, Mr. Hssk.I
| sUPPLIEs-sAILIsG ON sHAREs-hASERs REPRksEs-
| TATIoss-owSERsHIP.
The libel in this case was filed to recover ISL 80 for
My nfs qRS s By the had SsS to HS
belsnt having dealt with him as su,h owner In soyem
3 20 hind The .Sho BY @c the
who sailing the ye.,el on shares and ~h9 wa ,p
s5 the vessel was conveyed Thompson Kins.and:
request Melee bought the anchor said Dodge owned
the vessel. The sale was for cash. though delivered
| without eIsctins immediate payment.
Held BY the Ii6esnt give. Proof q such
s Sd s tho ln, nth tn Pratt vs. rscsuy
decided in the United States Supreme Court - 1911,
the sale the vendor cannot action against her own
for the supplies because Of bis ownership Without poyinx
the purchase his personal act or made by MS
Niece. did tell tho b.lant he authorized BY the
respondent buy the anchor authority for that dsaIss1
shown he appointed master by and saiee
never authorized him 20 make On the con.
trary the testimony goes clearly 10 prove Una. @
.n s held . # IN knsad the ''' 'a' ~
That h accordingly no foundation In law or TACT tor tho
Lbs! dismissed with cost. ,....,.,.,, Mar. e....
| MOTION TO SET ASIDE sALE-pRAcrIcE-paRTIys.
Jesse H. Freeman al. sgt. The steam Propeller Albany
In this case the propeller libeled for wages ~
one johnson and sPpesns she w.s srdsred
s BE- .SS ~ sS Some time elapsed the
y. after the mHasy had BEEN psd sns ss S s
sis secsu.e Of h. iTes,ny in Carrying the deere. Of sale
..e .nd saaaen. and purposes prOcar
| ius the conde alton and sale Of The vessel
tliestion 10 founded strongly cosrsdeed and the Court
you'd mot consistent with safe administration OF
u,tie to n aside sale spon the evidence II this proceed
M were otherwise unsxeep tioDsble 81.
Bpt IL. proceeding Is wholly irregular The proceednSn
neither by nor against any party interested In the subject
any effective decree could DO MADE wnAi
Yer nav be th. merits The motion s not entitled
made in which the decree Vas rendered and e
AZ made nor appear thar the promoysnts IN THIS n.s
y we're psres or pryes that action They have there
ore no legal capacity invoke these proceedings 10 review
| udEr eut BY summary motion In another case.
| Motion denied with costs. .
For the notion Mr Lsforse In opposition hesrs Beeee.
L ps.,,