New-York daily tribune., 1857-04-22
UNITED STATES CIRCUIT COURT-ArR,L H.-Beiore
Judge NELSON


DECISIONS IL EQUITY AND II. ADMIRALTY on APPEAL
Edward Lf,crmore - sl AIT. T. A. jerks, ct al
NELSON, C. J.--Ths is creditors bill hed against
assignee. the Judgment debtor under the following cr
cunstanoes: The debtor the OF Considerable
owed th.r. also large smotn. debts He resident
of Rhode Island Having bom" embarrassed in
eneft II hi, creditors giving preferences 20 OF them and
distributing the surplus OF h' assets any 20 s re-, %, ms
should release aud discharge him from TIM whole OF tho deb'
The Assignment made in the State OF Rhode Island where
il il conceded il il valid operative pass tn" interest Of
I'll. asssnor Tic papers ao concse that thrr no tsnt In
,c, IN the ,ran,etion but is insisted the part the
" no are Judgment creditors in Newfork that
the instrument il invsid here and there E no douo'
the clause exsctns debts would have the
10 ff, fr TO q" I I :msn creditor But IS Insisted in
this that the assignment bens valid where
eousy valuable here Whether the Courts Of New York would
recognize this principle and affirm the validity of the assign
not to have determined As there another view Of the
s whan & MT m ie prs..r w" the question as there
h considerable diversity of opinion upon 1t IN the different
States.
A. understand the pcadnss and proof'-he latter are
mrager srpoars that " property IN New ORR was tssn
into by the converted into money and the
proceed. transferred Rhode Island previous 10 the hng Of
The crdtors bill and Of c9ur previous 10 re OF
any lien upon IT, Independently Of any surh rn there was
noting M sl that could prevent The and removal
of the property y tn" ssgnrs as their Jug was
good except respected the Hen OF hc domestic crrtor
b. order enable them to follow the property into The
,omr lien inu,t be- fr., established otrrwsc the
pnor rcin of time and right Independently Of any lien
rs Ieccd the New Yor. creditors by the possession
and removal hence cannot be made socna. to them Tor
it, Indeed 10 that the creditors can set up rgh
III property sssLst the ,'sges except thr9usn tne
H. end hs. been acquired In th. We think the
con painsn have failed to establish right TO the prop-ry
III, thc be for the defendants. aud the bill dis
missed.
CoLLIsIoN-FRAUp BETWEEN MASTERS AND sHIpM,S-
TyRs; ALSO BETWEEN HIN AND MATERIAL MEN.
j. al # the brig lola ast Ike Steamboat
Sampson
Nrtsos. C.. This libel il filed by the owners of
the lola against the Sampson damages ir collision
ls occurred hort distance oq. from S,ndy Hoo. on the
with the brig upon her arb"srd % cutting ner 1wn
to the water. sesr The San p'Ot y, row, n5 Is Homna
from the harbor Of New York h' breas IN me os
stopped with d. 70 ena6i" th- steamer 20 20"
her 10 he Atlantic be repaired libel filed BY
the latter for bringing in the brig which "a also De-
p tbs, N, Sampson was seen by three four
mr. ahead after she had taken her course her d
nntou hg 10 ~ Johns tn. Province Of New Brunswick
,he brongd and that the steamer wastsen yng sun
and not IN motion upon th. Nv ,not snr linen 5
berth but that she nesrcd the steamer and when WITHIN
ran the track Of the b9 and thereby produced h- col
ii,ion. .o, =. u......
that he ms- no forward and that The only move
mrnt sde her back with view 70 avoid the os
which tonng directly against her bows 69t that notwt5
anin every effort to back the collision could not be avoided
The ole upon these two ssgaton. The proofs
arr contradictory and irreconcabes the vitnesse. rxsn
cd board the brig sustaining the view taken BY the be
ants and ell board the steamer the view presented By hs N
fense. Some witnesses have been examined on
each side who were present at the collision
The Court below decred in favor Of the hbelants In case
nicely balanced and dePendins altogether upon the crd
ty Of Witnesses not Inclined to interfere with tho
decision below. , ,
The hbs,n. notwithstanding they obtained the decree
have also appealed from t. on the ground mat ne
eded have covered their loss. They claimed sf ID
Th.y were allowed Q l2i ~, beside costs - 49,
The Commissioners reported in their favor 81 ~ wDish
reduced exceptions to The report to the SUN ao'Ve men
toned. ,
The o. wa insured al least stated by the master,
and thers evidence n the that several o. the os
by the rial and wokmen engaged in repair
z II. .xsggerard with the knowledge and con-
hvs OF
impose upon the underwrters This fact tououess IN
uenr.d th blow reduce the items % tho lowest es
tns, IL the and others az this port 20
th, the m instance Of fraud Of this Description
bnIS "a ny aiysntaTe 20 b. derived from il prevented By
the dscon II the Court below DO Dot doubt nad sP
pesr~d that bad been pvy 70 OF concerned IN mo
fraud the Of the exaggerated bills claimed IN me
expenses Of repair. would have been rejected As srne,si
rule order to pu. sDd TO imPo.tons OF this do
scpou the must be hrh tesonSbe tor the s Of n
Thess sons BE- REACHED and properly drst
with other way. IT, in this the Court below nsd re-
ecd the en,r- IA. bills tainted with the fraud
should have upheld decision. Moreover IL should BE-
sny uch with The master or agent the should
th fact sp,s.r would be dissbed upon established principles
OF law wei as Of morals. tom collecting Aay poroo OF '
deuaHd s-, -, -.
founded upon principle the allowance OF third Of the
new epsirs the other words deduction
vnrr from any eapeuss The b. should be exaggerated
this ouethd add " into eject tbs hm
~orI For hi, pSrpo.s twS .rts Of b. are made onone
contain srtua tide value Of the material. aud "a. cos
of labor and the Other the enhanced sss To ss farned
% and claimed from the underxritsrs
10 matter Of Grtfcson that the scheme has been sx'
ros~d and defeated and trust that It's pohc,y viii have
the effect to cali the aon Of su eoR-rn~d IN ~
tnE and adjusting danaxes w Of co.on TO scrtn1e
bills ard il that impous Of shs cbsecses here
developed sAsl no. esespe thss notice They sn.n :.
tame Ia the application Of the mott rigorous rrrs IN
ls the expense Of repairs with view to prevent soes "
.. their rulings may como undet rsiSn y s' ~ 9Th e.r