The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-08
Supreme Court--Circuis.
Bcf re Hon. Judge Davies.


NERcASTrLE sUIT-HEAvr VERDICT.
JAY 7--BerJ and Charles Brossos 9. ARe-t woodhsg
dnd Edmund Cacmyson. suit to recover the
sum of siaboo for the value of s3 barrels OF spirits
Of iurpcntns, OF wilch Il alleged the dciendaru be
possessed and wronsuly detained from the plain
,ns II appeared that Frederick A. Rossofn, Of
OF tho plA1ts bu, no, connected with business
purchased IN December isb on the order OF woodhul
turpcntne the amount Of sit.5oo woodruff coutcnd
ed ihA, had twelve days after delivery, pay Tor a.
Tho yan ifs contend thai The goods we're sold 10 p A
Bosecm opiy condition that they were not 20 be de-
ivcred until fash paid for them. The goods we're
delivered 90 board the shp victoria tor London Eng
land Of sbIch defendant Chamriou. vas mssicr, ami
cepis givcn Tor toe cargo without expressing by
vhon the delivery vas nade wh.n oil the cargo Was
d,nvcred woodruff went 10 the ship owners and got
from the ois Of sdpg snr gave thom rusrsutee
then so,ed the bills Of ladius and obtained cAsn
for them 70 the amount 00o and In few dave ster
ialed on l7th January 1876 sbout the time the ship
was going 10 sri Wooohul caused note I, be sent 10
y. Blossom
Dr,r su-t do not see well this morning and will
be down town / vii be dosn howevsr. in the morning
Oircun'arces WI prevent my meeting my engssemeri 1t
SS' Yours. rcfpes,faly, S AS n'nS UNI" '' wo0OaGIG
The plaintiffs thea rcplevned lhe sood, and brought
thD ACTOR agsinst the sefendsut. ahc rsiutls, 40
pcars rc'soed ihe shp receipts or the goots aud de-
nsndet bls of dns ior them iro the captain or sP-
owners, wh,rh retufcd.
Fer the defence s denied that lhe ds wr0nsfuy
detained AM was con,epotd thai tbeg are rigbIdig
the properly Of The defendants Tdmund Csmpop was a.
the tine master Of the ship vlctnrla witch p,c..
is5t, Ene h the port Of New Work, bound oa
voyage 70 London hScr, WOodhu engaged freight on
the vestel Tor SO barrels or spi OF turpcnae, with
other properly, tho agent a the snip agreeing tast
spirits of iurrcrtne except that os wcodhu should
received nn bossd Ths plaletGs snipped The spre OF
turIcnnc on hoard the Nlctoris undcr thc agreemeu
with Wooohu TOE witch Wosdhun sofa bill Of isding,
whereby the captain engaged 10 deliver the goods
pay mctt of lregnt Wsrburrh, Azernar g ca advanced
ise snu Of sli COO Upco ,he assignment OF the bill Of
sdirg and The oBsgnmcht Of the property, and the bill
rf la6ps alleged his never bton dellSefed up to the
master o the Victoria anc therefore, IL contcnded that
psinG not entitled 10 recover the goods fro n the do
iondants The defendants slsc iasst that the plantia
could rot legally claim the SPIRITS Of turpen,se without
rendering the freight and hs, the pislntHs have neg
| lccted 20 DO 80
Toe Judge ia bis ctsrse sad hst the Court OF Appeals
hsd decided tho party holding receipts given oy the
captain OF vessel "a entitled 10 demand bills " adns
for them and the Inv having been thus settled, vas
hs duty " adhere H. Tue great question In this
s--Did the plaintiffs make sse on the terms that the
goods we're 10 be raid for IN cash on delivery the
ps!nuns being ot the properly made sale solo'y
On tet condition. and that condition v0 not iuol,ed,
there wss no delivery of the property by the panIas
and they bad not parted With Il
Verdict Tor plsintgs 'or ole us ~ish an allowances
% s2te