New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-06
IMPORTANT DECISION.
UNITED STATES CIRCUIT COuRT-MAy 4-Beters
Judge NELSON. -
sUPPLIEs-LOcAL LAw-LIENs; 80,

UNITED STATES CIRCUIT CouRT-MAY +-Betors
Judge NELSON
sUPPL1Es-LocAL LAw-LrESs.
J. A. secor e, al sgt The Steamboats, II B. and Hish'nder
NELsoy. c. 1.-The libel was filed in this case to
The balance due on special to build boiler
for the Highlander the balance being 81 100 ana inttIet ana
also for work and beyond the contract amounting 20
,me asa as decree rendered in the Court below
for both The latter account il not seriously N
The snce u is contested on the ground thst n
credit was given 10 Cornell the and not to the yesss
Thu contract wa. between the PaIts. the % Feb S
% o Ss 1872 T.. MACH $1,000 by The April 600 when the
ree months from the time OF non mi. s bs Sesn
or refused give the note as agreed and .nls e mas
Ther is no question but that the balance Of the price for the
boiler due and payable but It a nsa . s . tb
The Highlander Is domestic vessel aud the nrgTefcre
tract provided that the lien shall twelve day. after the
vessel has LIT the port some other within the state
Is 1855 se Is extended to sixty day.. (scss. Laws,
So far the question here is concerned the latter law not
important The made before its enactment aud
ofcourse with reference to the old law Il, .. :.
On Nh. mart of Cornell II il insisted that the agreement TO
for the last nanent at three months was ncon
ent with the idea of lien on the vessel as the event would
twice leaving her port n all human proGaoy o,e
than twelve days before the credit OF three months woua G
On t part lbeant is claimed that the whole Of the
became due the completion OF the work out
a @ az sE 1 teDaered this ins.men became
immediately due. The question is close one ana nave
entertained some doubts about IT, Judge lngersol,
that the lien existed and enforced decree The
giving of credit does not necessarily dpeee the lien That
credit was given but ,hsi the credit is inconsistent
with the Idea Of lien I me reason es unei sn1 o ooh
be by the Of the statue and that this must
% pS Sf as h Howard y Peters. s bear.
ca & sSn uf H h P5 s which the law syS to the
hen considered inconssten with the idea OF lien and
and the present that the credit given here not absolute as
n tns aooIs case Guy TO- upon en- &
which the credit ceased for the demand then became mmed
y due and payable according to well settedlaw. Now may
De going too tar TO say that thc 9er must nave intended 70
waive the lien the event of the refusal TO give the note for
kept the part Of Cornell and the given But
his refusal keep the in respect to this install
also should not be bound by il but should be RENTED TO his
tcris to him whether this balance should remain in
count or in note upon which funds could be raised
such debt tone like the lbeant shall be lien upon such
ship vessel &C. and shall be prfrred 70 all other lien.
qualification attached in cass Of maritime lien, under the
to di.pace the pn That t Is insisted has been doas
len but this assumes that the contract Rss been
fulfilled in which thu inference is clear but the party
Az read the the builder TO
that tenor Il not then not credit was given This is certainly
should be considered the meaning and intent of the
parties.
and affirm the decree
PROOF OF ORIGINAL DOCUMENTS BEFORE UNITED |
STATES COMMISSIONER.
Addison j. Comsock gt Tho Carney and Don A. eastman.
NELSON, G. J.-This il action of trespass
brought to the value Of property seized upon by virtue
Of process Of attachment against Darius Jackson in hi.
city by Canley Sheriff In favor OF Cushman the plaintiff
the attachment Coms.ock, the plaintiff in this suit claims
..eTed at the trial and verdict rendered % the plaintiff
subject 20 the opinion Of the Court Jackson and hi. part
Junction Railroad Company in that STATE to construct
Ss5.n portion sad bon9. Other s 'eas
and of other Corporation payment for the work certain
OF these SGG were aed 10 pssoS t G1
ceeds 10 the construction Of the rosd Comstoc the present
bonds by way Of ndrmnyng him. should be assigned to him.
and also the goods purchased by Of the proceeds should be
the WAY sseed RE good. question were purchased out Of
the e. P the he 5 Of an as
the goods purchased by Jackson One Of the bonds
The case turns good deal upon h. deposition taken under
the act Of Congress payt be residing than hun
nted t. Whether * not bis deposition frni.he. eompeep
proof the ureyshp OF cOms,ck behalf Of Jackson.
lays the foundation Of the title Of comocf TO the in
produced before United Commisser and proved
but only scopy which testified copy This
higher than paro evidence of written Instrument the
original OF which was in existence II hands
examined and produceds copy before the Commission
s The original should have been produced proved before
this ofcer and he should have returning
The Opposition Court Or Jackson could not have OBJ
AIMED the original was competent 70 have examined the Off
X p 33)
entertain strong doubts also as to the competency
ION as witness tor the plaintiff the 10 IL the
round that his interest 10 neurazsdthet IT, whichever way
ne case result ne liable But inclined 10 think as
ne case stands the verdict should result In favor OF the de-
endsnt Jackson would not only be liable as surety Tor the
property but principal In the transaction out Of which the
sation has arisen he would BE- bound TO indemnity Constoc
us surety for the Of his litigation, which, true
you'd disturb the balance Of interest Il 10 not necessary how
Ver 70 express denve opinion upon this question a. nee
must be new s and viii depend upon the facts as they
nay appear upon that trial.
The also. should have been put % III. Jury
pon the question Of fact whether not under the facts and
attending the purchase OF the 600. IN
nd the dealings with the bonds the property dd not belong 10
aeksons firm and 20 Constock the plaintiff The case
ropy this question and belonged 10 the jury TO
eternine IL.
For the above think there must be new trial.