New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-13
La w LVZELLIGENCh.
UNITED STATES CIRCUIT coURr-ocr. H.
Decisions ~ .DvfrsITr oS sPPEAL.
John T. Blower %. x. tiny sfsr ~ 81

JOIN T. Brewer .: the ire Wser Hir-Wr1. Skei
eon sgt The .ue-iorn Clifton AT aGgsnfly a. Co,tla
NELSos, e. J.-Tbs loel. ia the tive fire, -ere
NEG 70 Ieosr fr irfs - oc;a 'lioe-i
TIE hbsl.B. the oosr.. Of he oos.ou Tee sl ia
eisb rsoLey. spe shipper
at Lssacca and ni;eae .prvsn.ed his ,se4 Of
ems by Lsyaeea bot several Hes distant The oo,on
earned 10 Lighter from Lsyseos 10 The vessel At'r sn
o.greo IRON the hsher snd received on board tbs w.
h the master ref s-d ~ ,z1 toe bill % iadDE. 1con
condi.iap AID peIeDs ths d,r-te ne ,,lsd cot Nee
iofa with bis csr.3 Ihe sIippet on is.7iet iaa'
eco tie bills unsigned 70 tbs ensien-es usu-d in taen.
stts tbe cIcams;sree Of the refusal q
sivs q he vessel thi. por- the master no;
%. whom the cot "a. conEssd al discnard h. cargo.
firm GEN. he payment q sh!ch efcec and the sbOFe
'1,;s sii.Iwsis iA.s',d y The respective P.nie,
parry iou The o~nsrs to firm in newo fssn' and th,.
the eottor IePre.eu;sd this firm By tbs sheper
va. 70 deliver the cotton 1t Lsscoa - b. ;evsd snE
y,. c BE- carried to NevlOk for the frest. OF l. Per
st agent .o objected to the bits Of lsdpg bee they did
not CONTAIN stipulation that part VI the might be shipped
on deck The shipper fa-a 70 .dmii such 'PI.toa a.
VAS not contained In the agreement between the parties which
wa u ~nins: ,,,-...,...
distances 70 nsinis these ais They were ~ whom
the oo,ton shipped recognized by
Li sLd III, freight demanded. They h.d advances up
u IN NE u'usi way and s between them aai toe for
te,e the cotton tne bills Of ladne mad duly
we should have no dheu in thus esse in hoc1s tue
even DO bill Of atiDs or othrr bad beer entered
By the mAsief his consent receive
cary to the port Of destination, sutcted ship 10 as la
But 10 addition this the agent the chaerer. in whose
service the brig at tina time and who pro-
curing entered into written fixing the
upon which the shipment vas to be made The
bound b IT, arc although II does not eoosin the .tpa,ons
moe law oblisauons OF counmon c,rier
We lay eIey ont Of Wv toe chatter party between the
hso Lodce OF il; and IT, theef there Ia
ssr,eent repngnsot to the charter party oui
III Bsvrs deo-d Of technical questions
to the msin question in the and that il,
the dansee TO the cotton u DaGrs MT
effect Ct ts concon the time Of shipment osyelo d Ia tns
tion whout fs, Of ship whether all any Of
ii is attributable 10 bad stoSsee absence Of proper and
s. ne one hundred shipped
has that the right thus to shp il s to be in
-ed m the terms the agreement between the shipper I'D
ssen: vesse We thinE 1t also sgled there
usage Of ts between the pors Of TeIs and New
ppne dccf We ink thai the proof fs altogether
esabh oily The freight to be paid he usual
strongly argued that the whole damage to
The cotton DISCLOSED oschssng IL a. this the eject
Of the country damage exns me nne Of slipnen OF was
produced by which the vessel ensonnis rcd Ia the voyage
and difficult indeed impossible 70 be econceo Inc Court be-
low 10 the conclusion that accofdg TO tue weight OF IT.
respob,be we iAcn.d this conclasin The
testimony pretty strong that the cotton was badly slowed and
that 10 the
hold OF BY using the pumps The very wet
when dischsrgeo from the held Of the ship.
The bslnw the the libel Of the 70
dismissed the after apply Ds nGch OF the
oDey srdd for the ssqued the freight
money. Tbis thuk erroneous TIE co.sisuees nsI
tiled libel this damage and has soceeted IL
10 esch ia his TO tue suit To- freight d,sse 70
the cotton by ws Of the claimed bu these
parties could Dot thus p TOE claim for damages BY applying
gushent Or the freight money and tneu
for decree this II they insist
damages independent suit they apply
portion Of them bI wsy Of so'emen N the suit Tor the eih
money. The dsmsgos are en- .nti'e,y -. 49,.
mutt therefore. The decree in the Of Clifton
Cotton and direct decree 70 be entered for
the fg amount Of the height and nters
with the fun amount Of freight the rate OF
cent, t-r poupd will be recovered will be In
The COAT below reducing Of the portion Of the cotton
deck deck freight ard az The tame te holding the
bng responsible for the transportation Of il under deck
9he decIees the other suits affirmed with costs