New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-20
CIVIL COURTS.
UNITED STATES DISTRICT OoURT-opinion Of Judge


COIN ON FREIGHT AND THE RULE AS TO
PAYMENT OF THE FREIGHT.
Reuben Rose w. sgt The Ship Patrick Henry.
SHTPMAN This suit tn rem. is founded
upon breach OF the following contract or bill OF adng
s p order ess .1 e Dr. ' a r.
mater for Che wS P,s and no. riding
a .oS '' B SaS' Fl S'" 6s"s marie. ss
and ssaoH the HS s. port 's b. act &
sa' a s SS 40 ss na
unto order il; assigns he OF they paving freight for the said soO
wines. whereof &. @ parsef said ship o. Vessel hath a.d
e others 70 stand void MsSoSn sept
The ship upon which this coin had been placed
Australia in December 1865 The ibeIant is the ndorscr
of the bill of ladng and, the ship failed TO deliver
this suit 10 damages for the breach The only
question to the rule Of damages, the breach
recover value Of port the
%1 e oSr h naye a II Ihs Ss
damages the value OF the soyerelgns should be taken
nary commercial transaction, tho same II thi.
were suit 10 recover the amount OF bill OF
exchange other promise to pay LIDO not accede TO
this view Tic agreement in this bill Of lading is not
promise to pay money bat to transport certain articles
bars, gold dust, or gold in any other form Of
amount make no difference. Like every other arti-
unless delivered according TO the terms Of the contract
Of afrelghtment their value may be recovered p tSs
currency of the country in which the port of delivery
provided for in the contract Itself Tho PROOF rs that
these sovercigns worth in this market at the time
they should have been delivered, s. 10 apiece IN our
money Our recent Legal Tender act, and the decisions
under cited at bar have no application TO TINS part OK
| the case.
There is another question Of rfng importance so far
the amount depending upon it concerned which re-
lion Should be made on account OF freight No freight
strictly earned, az the contract was not lulhuco
But admiralty courts have power tod0 substantial JUS
lice between parties. and substantial justice in this
case to make the beant good for the loss sustained
is under this breach Of the contract entitled 10 the
value of ninety soveregns the market rate less two
pounds sterling, freight money. As the stipulation
money at 'i this 'T port they should be reckOned
ns T6 Value O OF the poa seGg Il
cia transactions in this country is nxed by ACT OF o9n
time OF the breach was s63l 80 From this deduct two
pounds sterling computed ia our money so so VIII eaYc
t25 62-the principal the beant Is entitled TO re-
cover To this should he added interest at me rate OF
per cent from December 49, 1865, to the date OF tne
decree The clerk OF this Court hereby directed to
compute the interest aud add IL to the principal sum-
Then let decree be entered i9r the amount 81
/ IN neutrality-suspicious. BY JUDGE BLATCH-
The RIGHT OF DIFFERENT MEMBERS OF TIE sAMS
| FIRM RESIDING IN DIFFERENT DISTRICTS. TO
FRocTsP p. T n.I.l J JaIG. Ac Bcyn bankrupt
| BLATCHFORD, jim this case the petition or
tbeY Were copartners With Julius Bcyian and carried
on the business under the firm Of Boylan CO. AZ
ship was dissolved that Julius A. BOylan, the 9th OF
June 1867 fled his petition in this Court for his dis
SaafES on the aS Of june isS tSs Re has
individual assets except such as. are exempt nor are
indebtedness Of Julius A. Boyan is the copartnershiR
debts as appears by bis petition and schedules that
Harvey and thomas H. Boy Ian reside in Ohio that they
haye debts except the copartnershp DEBTS OF boysn
amounts and to the same individuals those Of Julius
A. BOyan that they are about TO take the peneht OF o
CURING large and UNNECESSARY expense if com
PEELED, each individually, TO pr0ceed ul4er 1S
thai they would be put great expense and trouble
compelled to attend the meetings Of the creditors Of the
New-York City and Cincinnati Ohio. The petitioners
pray leave be given thera to join IN the application
under and that they have leave to file their petit
under the act IN TINS G9 o ana 5a1 ppd that
all proceedings on the part OF Juus Boyan DC sayeo
| until the final disposition OF such petitions A..
made TO the 36h section OF the Bankrupt act which pro-
IN trade shall be adudsed bankrupt either on the pet
ton such partners, any one of them, or ON the pea
in the manner provided BY this act upon which all the
Joint stock property Of the cOpartnership and also al
the separate estate OF each Of the partners sba DO
excepting such P parts sSFsS5 a are RE-
side in different districts. that Court in which the petit
On is first filed shall retain exclusive jurisdiction over
e Gss Of The Arm Of BoyIan CO. Of which JuusA
BOylan one, come into this Court without tegaro
,Sir ' aicSaTSes provided Julius A. Boyan resides
business in this district ana nrst ules MS peoo
The difficulty in the view thus urged that julius A.
BOylan has peoued merely an individual for hs in
bankrupt The 56th section OF the act applies only TO
case where two or persons who are partners in
G trade the are presSnt case IT, on the petition Of
julius A. Boylan. two or more members OF the
| firm OF Boyan & Co. had been adjudged bank
rupt The clause OF the Seth section which provides
that when such GoPartners reside IN dineTent dIstros
exclusive jurisdiction the case, means that when
ind hank
trics Court In which the first IN order or time OK
such petitions is fled shall have exclusive jurisdiction
in case where two more persons, who are partners
in trade are adudged Bankrupt. That clause has APP
pcaton TO the present case There not been aDype
ton yet presented 10 Court so far as appears pray
he adiudred bankrupt such petition can presented
by Harvey and Thomas Ii. Boylan to the Court which,
such petition. II such petition be presented ~ tnem
aud Julius A. Boyan refuses TO join In H. inc isIn rue ~
the General Orders in Bankruptcy VIII Apply " 'he
These views are strengthened by the Language OF ths
10th Rule OF the General Orders IN Bankrupteys
which provides rs follows In case two or more peti
lions dtrcts by different members OF the copart
narship for the adjudication Of the bankruptcy Of said
aaJ having Jurisdiction shall take and retain Jurisdio.
ton all proceedings IN such bankruptcy Int a ing
same shall be closed and II such petitions shau De neo
in district action shall be hrs nad upon tho ons
The prayer OF the petitioner is denied.
| Ia re James Macintlre, bankrupt 49,
This was question as to the proper source OF the res
they are to DE paid Of the deposit to costs
out OF the bankrupts estate or by the creditor making
| application for an examination of the bankrupt. 49,
Judge BatchfOrd decides that the applying creator
must pay the fees allowed by law to the register not oy
for the direct but also for the crosseNanatOn OF the
hanIrn and the register bound 10 look, in the
first instance either 10 the bankrupt himself 70 the w
deposit, OF to the bankrupt's estate
4 In re Jesse " Robinson bankrupt
This was question the right OF Register 70 ad
yertise the usual notices in papers outside OF TINS dsc
and In addition TO those designated TO receive SUCH adyeF
tsements this dstrictbut not In lieu OF any OF the
in case when large number OF creditors reside IN places
| outside OF the district.
| Judge Blatchford decides ID In the Affirmative
| Petitions In bankruptcy were fled by Edwin Nj Dunn,