New-York tribune., 1867-01-05
CIVIL COURTS.
UNITED STATES DISTRICT COURT-JAE. A-Before
Judge SHIPNAN
q.

Judge sMPMAN.
DECISIONS, &c, BY JUDGE sIIIPMAN.
Judge Shpman has announced the following deci-
sions.
This suit h having % been @ IS 6rons s S IN vcaon Of the h
Admiralty rule OF the supreme Court by joining the ship
and owners must be dismissed with costs. Decree ac-
cordingy IexpIess no opinion on the effect Of the as
Court in his own name or the name OF the assgnor II
wi time enough consider these questions when they
are raised in an acton properly brought
The substance Of this the trial shown to be
that the hbelant owned the schooner T j. Tu on the
18th Of last June at which time shewas lying at Pier No
Al f. r. that the master of the Tull hired the Niagara to
tow Tull the stream; that the hawser by
of tbe schooner 10 stern cbock which was slit and
part gone leaving the bolt which fastened IT, bare;
some strands slipped out of the choc and parted; that
in consequence Of this parting, the schooner dTfted
against another vessel and much damaged and her
captain Of the Niagara knew nothing Oi tbs damaged
Hdge sIipm81 decided that "th defect is not charge
able to the tug, but to the schooner If the ehock had
been in good order the hawser would not have been IN
Jured while in IT, nor slipped out ana sucA the DOT OF
Libel dismissed with costs
Isaac Prstt, jr, e sl sgt the Bari Heroine
The lbelauts the owners Of the brig Almon which
ding with vessel. at the time unknown but which
on trial was proved to have been the BARK heroine Ihe
of salt. The bark bound from CrOnstadt 10 New
York The bark just previous to the collision was sailing
! fast and the brig was moving slowly. /
Judge snPman decides that from the position, courses,
ana that of The Heroine td clear her unless
! The latter shgw valid excuse bhe AlmOre was
moving so slowly that ihs Heroine Gopd IL nave ave ea1y I
AmOres Int could have been discemeuat distance OF
ample time TO avoid the collision. prUppt and decided
maneuver would have given her wlde lErh either way
Decree for hbollauts with order III reference to
commission TO ascertain the damages
-
! L. S. COMMISSIONERS OFFlCE-JAN. Before Com
missioner BETS.
I. $. at. james Coldingon.
! OBTAINING FRAUDULENT PEisoNAIlcN OF BONDS
! MAN.
The defendant was charged with having, in con,
uectOn with ArcLbOld, obtained two men, named
Shore and Andrews. to personate them bond given
collector of internal Revenue security for the true
shore was arrested and permitted 10 testify against Cod
diugton. COddugtOn. on shores evidence, was commit
| ing before the Conuisson-hocOmng hondSman 10y rep
resentng himself to be worth property DO did not own
SUPREME CoURT-CnAmBERs- JAN. 4-Bcfore Justice
| BAENAgD
/ AN MIEGTp FRAUD IN MlNING STOCKS. ,
Jos Gray and aroher a. Leon sm larI 'st sam Leob and
The complaint sets ont remarkable course in min
ing stocks its allegations are true According To II The
Ayrcs Mil aud Mining Co stock was placed ON ne stock
list Of the Mining Board by one VIM Hart smith Wno
repres ned the property o. tho company TO A"{e We cost
$1,000 the Improvements ihelteA E4.|s MiIS M & @ tlo ~,
their stock that the number Of stockholders was H.
who were original purchasers Of the property; The cap
al stock Of the company consisted OF 10000 shares, at
nominal par Of 80 per snare.
Loeb went to Jay Cooke Co. and other brokers and,
after various small purchases 10 induce confidence, on
Dec ordered Jay Cooke Go. 10 eel co.. shares AyrtS
t i o,Dont s & thew made tbToTr the rlanfiffs
I'm the first suit Henry ClcNs a. Co. u the same
manner induced 10 sell 1000 shares short which they dd
made at about a. per share The complaint further
bu calling himself RAW tried unsucces,fully 10 induce
DcXel, Winthrop Co 20 sell the same stock short 10y
The ed and Goth OF December hut on the latter day
aVOwed his inability procure the stock, aud since the
2Gth has entirely disappeared; that u tho last t" u"
the stock has with the exception Of 100 shares been held
The complaints charge that the whole transaction
known principals. who bought in The shorts 70 cover the
would az tSH expiration OF the options been bought
in by the President Of the Board Gt gy price fOr which
he pain. but tbeI in the meantime have procured
Injunction on the officers Of the Board aud defendants
generally restraining i9eln from 90 DONG which "'s
Before Justice ISGR4ii4M.
| DECISIONS.
W p. Baxter ngt. David Babcoc,.-Mouon denied with
Patrick Mccarthy agt wm. oBren.-Anount Of bail
l. Martin at The !mden and Amboy Railroad CO.
! Tle plaintiff rs entitled 90 costs.
The Baltic Fuc Insurance Co. og Mdrcclina V. Bird.
! sau-Memoranda for counsel.
Geo IT, Jones et H. agt Jacob !. Buc, ct a.-Motion
! NJ n Hendricks at Philip staiE-Notion granted,
and IL s. Trust GO appointed ReeeiyeT
Jennie Q. Pullman aBt jas C. Byi"e-bai! reduced 10
Waiter s wcIics ast Henry G. Dayis.-ordcr settled.
COURT or COMMON PLEAs-CHAmDrns.
JAN. 4-Bcforc Judge CiRDOZO
! INJUNCTION AGAINST THE ATLANTIC COAST MAIL
STEAMSHIP COMPANY.
Traa r. Livingston ag The Atlantic, Coast Nal steamship Co
/ An injunction was granted ia tins case by Judge
4 Brady, on Monday last, on application Of the plaintiff
rc,traiuug the Board Of Directors ~ the Company from
| removing him from bis position as agent.
The plaintiff large stockhOldcr iu thr Company ana
alleges that hc has advanced 10 the Company in Conhcc
Jon with other stockholders, the Of S41oJo, for the
purpose 81 building Ho chn, thut is removal
from his present position, would prejudice not only his
interests but those Of the stockholders, whom he
/ represents.
The case was before Judge CardOza Yesterday motion
by the defendants c0uus. 90 dissolve the injunction II
was argued tae counsel for the directors That the
plaintiff is fully secured boy mOagc on the properly oi
the Company, aud that II desired further security would
De given, but that the plaintiff being npponee Of the
Board is removable by thcm, and td they should not
be restrained by injunction from exercising Their "gu
! mate powers
Tie counsel f0r the plaintiff stated that having only
ccycd notice of tie motion yesterday morning, he hod
had time 10 examine the atfidaNits Oh which II was
! made and asked for adjournment. The Court dd
iOuTucd the ease untl Saturday morning Gsl o'clock
/ LXJudgc Hilton for plaintiff; g. J. Nash FOR defend
| ants.
| MARINE COCRT.-JAN. 4.-Bcfore Judge HLApNE.
! ALLEGED CRUEL TREATMENT AT SEA.
James York sgi Allen Grroh