The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-25
Dsca-sors sn Equity .~d sn Admiralty n AE-
c.IrEo STATES CIRCUIT C0cxf.
is.fpre Hon. Judge Net,o1.

| csIrso STATES CIRCUIT C0vSf. rsaa
Heswe Hon Judge Net,oa.
hsr,u 81 Ss,eud Lir,moye a oi "a. r A Jerks a -
Thl /. o,editoes bin fed against The assgaecs q Ghe
judgment debtor Under he following crcuratNnces:Sns
deb,o, was thc considerable amount of per-
personal properly IN the Stale OF New York, end owed
there nlo a large amount OF debts. HE resldeas
and citizen Of Rhode -ni Having become eusbArraseA
business he assigned all his property 10 the defeadADo
or the benefit OF his creors giving preferences 70 sems
OF ufca, and distributing the surplus ID his asset, any.
TO che r~t OF his creditors, on condition that before ~
ccy dividend they should release and discharge bin
Io'n the whole OF the debts The assignment was rna10
r state of Rhode Iaad where II Il conceded " va1oo
and operative 10 the ,Dercs, oil the asssgnor rns
c's slo concedc that there - no fraud N acs IN %
trsna'oa; but, 1t insisted on the part a the CEN
p'a!n,nt,, who ace Judgment creditors IN New r0xs
Tint the instrument, i inyahd here, and there u -
doubt that executed hcre, according "a the a~ d No
state the c!,use ecins The release OF the debts woala
have th' effect Ia nyadse IL, and leave the properly
assigned orco to The operation OF the judgment crcdler
i,ut Is insisted in answer 10 this view, that the asxs
mcnt being AID Where made, the ,er ocs shousd
goyesn; ,ai that should he held equally valuable here
Whether ;hc courts OF New York would recognise tn
principle ,a affirm the validity "a The assignment aAS
their creditors ia question that 70 haSs
beea determined As there is snoher Of the case
which, tnA. must determine in favor 0f the de(e
dsn. We shall tho present NAIVE this question: a. sar
Is considerable diversity OF opinion upon in the didre0.
state. A. understand The p'oadings and proothe dat
ter are meagrrt appears ha the property in New Yoc
was taken into possession By the assignces coavereJ
into money, and tho proceeds transferred " Rsodc
Island previous to tho 6!ng OF The creditors bill; AMI
Independently OF any such lien there nothing illegal o.
that could prevent the possession, and removal Of
pJ by the asgnee conicssedy their title was goe1
excerpt a. respected the lien of tho domestic credss
but in order to enable them follow the property the
hands OF the assgnees or IN subject them To responsibility
the lien he frs, cSt,bushed otherwise tse
sssigDecs prior in point o, time and Of right indes
micd no violation OF right a. il respected The New York
creditors by The possession and removal and hence
be made accountable 10 them for H. Indeed Do
that the creditors set right 10 the property
az ,nst the assisnees, except through tho hen; and
has been acquired in this We think The com
panaa failed establish any r,gh, the properly.
that The decree must be Cor the defendants, aud uhs sas
dismissed
COLIIsION-rRAUD BErwEEs MASTERS AND sHrPAAs-
rERs-ALsO BETWEEN THEM AND MArE8iAL MINI.
j. q Crone It al o,eosrs Of he BRIG lola, 's DC aedwso
aesins, The samson TO recover damages Tor co.ll4ps
that occurred short distance out from Sandy HOOK,
The sou,h shore OF ong Island The bow OF The steamer
came contact with the brig upon her sarboard stds,
eating her down 10 The waters edge The samson whs
lying at o usual place for steamers waiting for employ
up vessels coming from into the hsroor u
New York. The break in the brig was stopped win
canvas TO enable the steamer TO tow her 70 ~
Atlantic dock, TO be- repaired libel was hlcd by uhs
latter fot salvage in bringing in the brig which Is alss
before Us, and argued with the present case. Inc
thrce or four miles ahead aer she ,i'h TAKEN ~
eastward, her destination be,ns 10 *
John, in The Province Of New Brunswick, where
she belonged; and that the steamer was thes
lying sin, and no, in motion upon The wnlsr, thai uso
taken by the brig would have passed The aamsons
bows giving wide birth, but that she nearcd ths
steamer and when within half mile the i,ttr sud
deny started her engine and ran asros the trial OF tho
brig, and thereby produced the collision The steamer
claim, that she lying stil Ing the water; thu
she made movement forward and thai the oniJ move
by her back, With view 10 Odd tho
brig which coming directly against her bows but
tHt, notwithstanding every effort 10 back, The Collision
could not avoided The hole case turns upon these
two allegations. The proofs contradictory and
rcconcilablc-si the witnesses examined board tins
big sustaining the view taken by the bel,snts and Al
ON bo,rd the steamer the view presented by her 10
the defence Some seven witnesses have been esamined
on each side who were present at the COLLISION. rAs
Court below decrecd in favor &C m. hbell,nts. In
case so nicely balanced, and depending sogethr
uDop The crrdibIlty Witnesses inclined
Ia interfere with The decision below The Ebeuants not
N,sispd,nr they obtained the decree have also apvealeN
from H. on the ground that the damages awarded have
not covered their loss They claimed 81 js5 70. Thy
were allowed $l12 20, besides costs. The cOmmis1
e,s repsted in their favor S. To- which reduced
exceptions report the above mentioned Ths
lola was isurcd-at least, stated by the m.,tr-
and There is evidence in the that seyers! Of the
bills made by the material men and wotkInen eagA9sQ
repairing the vessel exaggerated, with tAs
knowledge and conniyance &c noe by the procurcmeUt
! ot the masters, with view TO impose upon The undr
writers. This fact doubtless Influenced the Court be-
/ low to reduce the items TO the loves, cstiui,ir.
| Z Is due n the shipmasters and others 81 this
port To say that TINS l. The hrst instance OF
fraud Of this description which has come under sny
10 be derived from prevented by the decision o The Court
below do not doubt " had appeared thai ownr
had been ivy IN or concerned IN The I,ai the eoirs
amount OF the exaggerated bills claimed ia The ~
repair would hsve been rejected A. genera! rule, how
in order 10 put end 10 mpo-i,on or his d>crs
ton, the mus, be held responsible Tor rIe arts q
The masters. These impo-or can be reached and pre-
p"fb dean Win ~ no other way. H. ~ THIS cave, tho
court below hth rerri"d IN" cn'rr amount o 'ht WDt
tainted With The irand .honid have Upheld ~ drc' am
Moreover " sh"ih nav" been Understood uLd any sho
master ot ma'c'i M 'onnisins al any su'n 's.ii VIZ
'he mn"t "f ag'n' ., n' owner, snonhi hr fscs