The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-19
UMrAD STATES supaEua COURT.
authority Of Army Officers 80 ANIMAL aud
Enforce Con,racts--The Bank Of Louisiana
Cotton Observation-Disclosures Of Steamers on
Agents, Contracts.
WASHINGTON. Nov. Il, 1909.

WASHINGTON, Nov. IL, 1862
No. 219--Francts A. Gibbons, ST., appellant, u.s.
TIE United Sates-4ppedl from the Court or
C1at,ns-In November 1863, Gibbons made con-
tract with government auartermaster to provide
200 900 bushels OF OATS part IN Washington and part
In Baltimore, and was proceeding to perform the
contract when he was prevented from dong by
the refusal or the quarermaser to receive the grain.
lie then supposed the contract al end,
| and treated 1t accordingly: bat some time
afterward the same officer demanded the
delivery OF the balance OF the oats, and
acccconnaned the demand with such an assertion OF
military power as caused Gibbons TO suppose him
self under arrest. Whereupon, protesting asat the
contract was at an end he procured The balance re-
qared, and In this action sought TO recover the
difference IN price, oats having risen in the market
in the interior between tile date Of the contract and
It's hnai performance under duress. the Court OF
Claims found matter OF law, the foregoing facts
beng proven, that the officers who threatened him
had no authority TO compel nm to deliver the oats;
ana the threats used were superservceabe and I'M
proper. II he was so unwlse as TO submit TO
the unauthorized menaces or the guarlermaster
he must take the consequences Hence ne
cannot recover the difference in price be-
tween that named IN tie contract aud that
ruling In the market after its expiration Froa this
judgment appeal is TAKEN the claimant insisting
that the court erred In refusing 10 allow the market
valne,of the oats, and III treating the payment OF
the amount specified IN the contract as IN ful and
IT ~ asserted That the government cannot take adj
OF contracts The government admits the purchase,
but attempts TO settle the terns OF the purchase by
It's agent without reference TO the ruling price
OF the article, TO the ordinary rights Of the
seller to dictate terms OF sale. This, 1t -
submitted. 1t cannot do. the court should have
allowed the value oil the o3ls at the time oil delivery
deducting thereifom the amount paid. The govern
ment maintains the view OF the court below, aud
suggests that the facts found leave this court the
inference that the whole matter had been vountati
~ settled by payment III full. The Judgment below
gave the claimant n small amount which was found
IA IA m 40 u gpN in
sHts that on The inference mentioned this court VIII
reverse the judgment and remand the cause, with
directions TO dismiss The petition. The appeal being
general brings up for consideration the WhOe Judg-
ment. Revortiy Johnson and A. l. Merriman lor.
claimant the Attorney General for the government
No. 22l. JOSIAH Morris, agent ana claimant Toq
the Bank ~ LoHisfgBa. appellant, rs. me Uutted
Sidtes-This was n seizure OF cotton on land, under
the acTs % July and August 1861, and July, 1862 and
the matter tr1ed IN the District Court for the
Eastern dslfic; Of Louisiana as suit In admiralty,
Jury being denied. .he defence was tnat the sri2-
ure was not wand because II Ta- not subslstin0 at
the time OF fling the information. Tie seizrre
alleged under order issued by the erk OF the
court at the instance or the District Attorney after
the information was fled Tue decree Of the court
low WAS concentration and the case Is brought
here the theory that the court hat no Jurisdiction
OF such seizure IL is insisted that tins court should
dismiss the proceeding ana order restitution. rho
government submits that II THIS court can do any
thing more than dismiss the appeal IL only order
the decree reversed irregular, the pleadlngs
reformed aud new trial had according to the
course the common law. T.. r, Roar, Attorney
General, and W. A. Field, Assistant Attorney Gene
raj Tor the government; W. J.. Clinton Tor Claimant.
No 22d.-fs0Gc kt13oef iD34Neaasd tctut John n.
LeriS0ll, rs Charles y. thtocU 81 0l.tppedt from
the Circuit C0ltiI fO7 The Northern District o! hi
nofS.Tnis oil fled by Churchill and others az
Judgment creditors oil Lewson 10 set aside as iraudn
lent bill ol sale Of goods made by him III Chicago TO
Kemper consisting OF cloths clothing and iurnish-
ing goods, for which kemper paid cash. The oaths
TO their answers OF the defendants oelow-painuns
hcre-were waived under the statute OF the State,
adopted by the court, anti an Injunction issued
on The bill, and the goods hed under 1t. Upon the
hearing decree was entered setting ASIDE the sale
and receiver WAS appointed TO sell the goods and
apply the proceeds TO satisfy the compainants Judg.
lnents. From that decree appeal ~ taken, and the
questions OF evidence involved and the rulings or the
Court thereon are here for review. :. A. Goodwin
for appellants; K. II. Giliet tor appellees.
No. 81. Amos y kijla 60 az. u.s. ne Propeller Lc6U
franhit-ApDeai from the Circuit court To- the
Northern District Of fttfnofS.-The Lady Franklin
was llbeled for the nondellvery of freight winch
had been placed in the custody OF her agents 20 he
transported on ner from Milwaukee TO Port Sarnia,
81. tlalr IlNer The freight was delivered 10 ner
agent and the shipper was given q hull OF ladng
ou her behalf. hut subsequently a portion OF
lost. The ibe Sought TO make the Lady Franklin
hahie for the hon-delivefy, the freight having
been delivered TO her agent MS stated. the caina-
anus asserted title by virtue Of SAFE OF the vessel 10
Than before the libelling. The decree below
arlnst the decree OF the District Court dlsmsslng
the libel. t,.o court taking the view that maritime
contract OF a,~eighuent which shali blnd tue SNIP
commences Only w>@h the delivery OF inc Hoous on
board. The appeal Insists that the signing OF tue
bls OF lading by the authorized agent after the de-
HVefy Oh the property INTO SIS possession ana con.
foi, b'ns the vessel and has TIE same force aud
effect as II signed by the master on boafd supHi,-
rd on the printed points OF Robert hae Tor appel
1NQt and argued w i. A. Goodwin for appeiees.
tMcf Justice Chase announced Ine lonOWlnB
ordert~-Al hereafter continued az this term
sha oe nut at the foot of the calendar OF the next