The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-09
United States Circuit Court.
Before Hon. Judge Nelson.


OcT. 6--Joan Graham Ed,card Ste,.le,, inpleoded
de-, Nth Ch X. Poillon.-First-Thc Court holds that
the complainant was the owner Of the steamship st. Law
renee and of the onehrd part share Of the steamship
United States, and the equitable Of til steam
ship Ocean Bird the legal title being ia the defendant
Richard Poon hed security for certain charges and
claims Of G. r. Polon at the time Of the execution of
the bills OF sale Of these vessels from Graham and G. R.
Poon on the 5h December 1885, the defendants Seu
ken and Meyer, set forth in the pleadngs Second
81 ths thug nese Ds % sac are absolute on .ne lace
for loan of 600 made by Steuken and Meyer to Ora
ham upon usurous contract in which secured
than seven per cent the othe loan
the contract and bills OF sale executed pursuance thereof
are void in law and must be set aside rd-That the
Graham is entitled TO be restored to his interest in and
possession Of the said vessel including the Ocean Bird as
1t appears the incumbrance the 10 G. Poillon
have been discharged Fourth-But inasmuch as il an
pears that the said Seuken and Meyer have sold and dis
posed all their interest in the said vessels and the said
seuken Is thereby unable TO restore them to the
same. Fihh--N having been agreed By the counsel OF
the respective parties to the evidence taken the
validity Of these bills of sale Of the title Of the complain
ant to these vessels and that the transactions generally
out OF which present suit has arisen as the proofs Of
of the jury in the case at law the proper value after
the payments Of advances and deductions voluntarily as
scnted to- be made by the complainant and thus avoid
the delay and expense OF reference 70 master The
amount Of that verdict is $4,000 with interest from the
detion to administer the relief sought in this case.
APPEAL IN ADMIRALTY ON. A CLAIM FOR sALvA0K.
Israel Chappdl and others Schooner John Clayton
The libel was filed IN this case TO salvage The
master and the hands Of the schooner ThotaA Crock
err, five in number, were on their way TO the fishing
Hook on the morning Of the 9th November 1852 and
when some twelve or fifteen miles from the Hook disco
schooner John E. Clayton, with large hole stove in her
side SUFFICIENT to have sunk her instantly had not been
for the load Of cargo which was wood She lay in the
reached II was ascerained that her had abandoned
her. The weather WIS fair, but the somewhat
rough, with strong breeze from the land. Tho sea
breaking the vessel, and drifting her further
In from the land II was necessary to strip her OF
her The bellants were assisted BY another vessel The
Tabiaha, and both vessels engaged from six or
O'Clock in the morning till two the afternoon, ii
New York they reached Jersey City about nine c'eock
nsa Inc ~. Court ssyes was sMe . % Of ne
salvage to the amount OF $1,000, being twofths the
value Of the vessel As general rule is undoubtedly
at sea, is moiety OF her value This, however, except
in very special cases in which great hardshps and dan
gers have been encountered is the extreme limit The
Courts always look to the character Of the
service, the time consumed BY the savors, the peril
involved the expense as well TO the situation and
diton OF the vessel saved, and its value in fixing the
compensation, not upon the idea OF quantum merely,
but by way Of rewardng the service in proportion
Now in the case before Us there is nothing in the
evidence showing any extraordinary degree q merit
sci Wss twelve or miles from @
bay of New York, within two miles Of the sailors on
their fishing expedition, and day only was con-
sumed in raising and bringing the derelct to port Tho
weather pleasant, and particular hardship dan
ger encountered, We cannot but think the amount
allowed by the Court below exceeded reasonable
pensaton for the service and that fourth Of the value
will offer an ample reward to the savors, and the most
that should be awarded under the circumstances The
service rendered by the Ybaha TO have been very
slight according to the evidence We shall therefore
dify the decree OF the Court below by awarding the
Thos Croker and hands $780, and TO the Tabiatha
$780, without costs either side in this Court the costs
to stand for the beans dccreed in the Court below