The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-26
United states District Court.
DECISIONS IN ADMIRALTY.
Befoy q Hon. Judge Bets,

Before Hon. Judge Belts.
FiRE--wHAr DELIVERY TO SHIP -
July % Otto Du q. al rs The ship John Bertram-
The libel in tsis case s that April 1865 the hbeiant1
bavng purchased $40 bags OF sapetre 10 be delivered 70
them In Boson agreed with the OF the SHIP then
lying in Boston to carry It from that pS,, 70 hsreux
given notice OF readiness To receive the ,apetre was
delivered the wharf and taken charge of o. the YES
pes officers that 214 bags OF taken board, but
the balance destroyed by are originating laod,
and the loss Of occRioned by the negligence OF tho
officers OF the ship In not taking board that
the vesse afterwards left Boston New York,
where she then wa but that her ovne hal refused tc
any liability for the balance the value OF which, being up
wards Of 81 000 they claimed 10 recover OF the ship An
the allegations Of the libel were put In issue BY the an
Held by the Couvt-Tha heretsfoee such deliye-
ny and acceptance has been regarded Sufficient estsb
lh lien upon the sse for The goods but hs. doctrine
be regarded rescnded by the expros. adjudcs,on
OF courts. Us How, 1885, Curtis, soS; ID vi; 10
How, IS
Charles h<ed et al rs The brig faot -rhs action
upon charter patty The Of the brig engaged by
u to send her Norfolk and thence Dem ara they
action brought 10 damages for the breach.
After tho heard and ready 10 be decided
The decision was suspended TO allow Of reMsums ut on
the po whether the controlled by the decision
OF the supreme Court In Pratt w. Reed Q9 Hos 35el
Libel dsmssed with costs.
suPrns-srau LIw-ur
Wiiliom Fullerton IS Ths Sosp Hnn0s-Ths was IN
action for supplies furnished to the soop The hnAl de
this reserved ~ In the preceding one, 70
allow re Argument on the question Of the controlling force
Of the decision In the case OF Pratt vs. Reed Libel dis
miss with COSTS
JuLY 2s.-Roocrt L. Lam. Il al m Stodrsbodk Bed
fod-rhs libel Died by the Of the Schooner
collision with the stcamboss, which occurred The Wall
street ferry, upon which the steamboat running
ont into The stream The day before and an shsrea A. he
hbclants claimed below the ferry, AMI next morning,
during heavy fog, she Vas run into BY the steamboat
coming from tho Brooklyn side The claimants alleged
ha, she anchored In the truck Of the forry boa Held
by the Court that tho poon o the schooner cannot be
made the turning pon, the care, because the
darkness a. the lime Of the collision preveued TOO wit
from liking with any certainty; hat the ferry
boat cannot justify going ou into the rive under free
head OF steam In such darkness that another vessel could
be from her deck She had right 10 enter upon
trip In such helpless state from the condaon OF bs a.
Fable from the lors OF bsv helm or mo'ivo power.
The hbeiants vessel had been and safely passed
repeatedly during The same night sud onys ies minutes
add embarrassment OF the ferry bes gas MOI caased
by hing une,pecedy cat upon her on her ea.ase,
but psipab before her wh'n -hs started the Court
bound hold that sue TOOK the risk upon herself o.
making the passage safely In respect 10 the schooner.
Decree FOR hbelIAn, with reference 70 compute The dA
images.
wH.ples-usS-sArz Law.
Thomas Corncu " ne siodmbodt Aiiid.rhs wa, suit
brought sharfase The hbeilant let vhsrf
al Roudout ~ the OF the vessel at rouad for
Before the vcssci ceased
10 run, and this libel fled The Was, ike somo
others 70 srfued a. to the efec, Of me dec Prsu
Reel In ~ How. Held By the Court-n AT n IL unne-
cessary 10 consider that point the besnt fails 70 provo
that $50 due for wharfage when the suit oroishs
within the decisions Of this Court (EAre the Aida;
Emore vs. the same) LIBEL dI'mi'sed With ,osts.
B0rrosRr-tIsy
Cdsar A. RcJsrt 70. TAe Bark Fsba.-rhe libel IN Tits
case fled 10 enforce . boonry bond upou tbe brh
and her cargo, executed In New Orleans Jan 10 lsoI W
the ment i've days after the arrival o. the D.fA
In New York Of tire % 1900, With 10 per oen M
erest BY the Court This osse comes bnore me cour
In questionable ,ect In many par cnnks me 1ke
sum secured by the hypothecaton me bssvy premium
for abort Tine The suoSs proof of we appocsaM
fwho ~as .so rat ox perl for hs commissioner tho
lack Of evidence Of proper dhfenos 70 ooAan runn ~
other means and also Of proof that arte portion OF NE
sums COVERED BY the bond Hens at Al upon the
al sns ,sa wan, Of satisfactory erdezcS who had the
sfusl oupershp or management CT the vessel ~ The time
and the Transaction, aHord occssou 70 doubt
WHISTLER ihe Court ,bs go. ., an a r - M
nartlcs a,ors In the bottonry loan and subsequent
nroceednrs, appear 70 have been directly nt,r esed
10 the vesel a. owners, and must be taken 70
rourt win no, dismiss the action The libel
ant viii be allowed 70 take decree for - 900, rish
leave, however, TO each party, " he 90 cleo. 70 have
wbc her more than The ~ 900, being lien upon the ves
sell vas sasded By his Loan and the claimants, vhe>hsr
les than that sum, paid out Of the boomry losn vns
Ieool lien on The vessel At the time.
~ fIry-ItRIspC1IpS- oovrRAcr.
NsrT ~. 0rttxs rs. The Steamship Ooed. Bt-d This
case w~ brought upoo written agreement entered ssc
between John w. Gri,hs, the asssnor Of the ncslAns
pay ss7b Griths would sAsy certain referees shAa no
had discovered the OF certain def'cs In NE con-
ruct'n Of the ship which rendered her unseawcrny,
snce Of the agree nent on h, part and prayed drss
aSsnSt the vessel for the amount held BY the oour-
That The contract purely personal one between me
Isrtes ssd whatever may be the merits Q, as%srm
lien upon the ship and the remedy Of the hoelhns rsse
against The owner alone. Libel dismissed Tor ~sn' I" ~"