The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1862-05-24
Important 20 ship Owners and Mer-
chants.
UNITED STATES CIRCUIT COURT


Before Hon. Judge Nelson
MkY 23.-Fiue kundredsrd Serenity four Logs Of Coffee
Troost Schroeder Co., claimants and Grrcnts, IRA B.
Dari and ohers-Thie libel filed by Davis and others
owners of the vessel G. II. Townsend, to
50 900 balance of freight upon charter party this
port to Rio anero and back The claimants resist the
claim on the ground that tho coee shipped them
as consignecs By the house Of Sroelcr Co., Of Ro
under bill! lading signed by tho OF the vessel
m the usual way by which he agrees, among other
things TO deliver tho coffee to the cousignees their
assigns they paying ffeht for the said goods FORTY
cents bag; that they had ;cndared tie ainon of
the freight anA were ready pav the same There is
some confusion in tho facts tie case rs 1t appeared IN
tho Court below, hut the anrcal new arswcr was
nle! rev process taken, which have cleared it Of
many 0f the npe FEC 10; and obscrr.tics OF that Court
The hbellanfs rely and must in order ~ succeed
the allegation, that the coce shiorcd belonged to
tine firm IL Shredder & c., of Rio, who. Il claimed
the ell tcrcrs OF the vessel and that by the 81
Charter raty the carao is made subject 10 tie whole
freight OF the vessel from New YORK to Rio and hac
Tho claimants deny this. and UP that they the
gina OF one half Of the coffee and tho rin
Ro Of the other; ard that they has advanced this
other hat thousand pounds sterling The time OF
the Shipment and Of opinion upon the pr offs that
that hi ground of de crce Is established and further
tina, the advance of the one thousand pounds sterling ex
ceeds the value If the mniey of the coffee upon which il
advanced when it arrived at this port. The point
therefore, that the cee belonged To tho cbarterers has
fale IL ns sted IN the argument on the part OF
the lbeiants that these sort OF ship
interest between the houses OF the chi nts d thu
RO: but the urHlsn tIo
Indeed the contrary is expressly proved. The shpmsat
by the house at Rio male upon the order az the
house In New York, and tine advance Of tie 81 600 by
their agent at Rio, whose authority is not questioned 1t
well settled 10 this Court. ard has betn recently af
rned in the Supreme Court that ship chartered as
the q. II. Townsend was, be general ship
by the and that goods shipped by merchant
in the usual way, under bills Of aung signed BY the
master the contract in the bill Of a.ing governs and
notthe charter party. IAis principle covers tho
mglety o: this coffee, the shipment
made by the claimants through their house Rio.
was pped by tho cbateers II there nothing else
in the case ths moiety would be chargeablc Tor the
freight under the charter party. But wss
made upon this learn by theciamats the faith
OF the bill OF lading, there evidence ,ass
that they their agents had any know ut he time
the charter party and hence having advanced their
money bona fde. think hey nave the superior uty.
The right a. assume the master authorized
20 sign the bill Of lading. and that 1t his owners
and course only lien for freight specified
therein as we have said, this advance exceeded the
vaipe of thus m0i,y Of the coffee. The cmimints
dercd the freight under the bill o. aGiug before aim.
# the libel OF the Court below, which ref ee1 bat
the tender not followed by bringing no money
Curt. II has been placed IN the registry c s Court
since the APPEAL BY the claimants lhls does not, how.
ever supply the omission IN the Court below putcr
OF Tue belhBts embarr ed IN the cis
the libel is founded solely upon the charter va-ty,
without any reference the bkl OF adng. We lave a
dis ecton the csts aud think the IN which
il should be examined. We shall reverse the dce son
below with 10 tho Claimants and appellants this
casa ONLY