The New York herald., 1869-03-16
NEW YoTk CITY.
UNITED s.ArEs DISTRICT COURTS aunRALM
"SsASA 'HT' an Alleged Breach Of Contract In
the Delivery Of Cotton.
'-AE COURTS.


the Delivery Of Cotton.
Before Judge Blatchiord.
INqjamfn r. Voorhees, rs. Steamship Cndm7,i0n.-
Tie peadngs In this set forth that the 10th
February, ls6s u. n. Fuller shipped on board the
Champion, then lying In the port ol Cnarieson, 8. O.
thirteen bacs OF cotton In good order ami condition.
for transportation to New York, tho property OF
hhelIans ana for which they paid freight at the rate
0f i.ur aOiials per bae. Tue CnaLnplsn Sailed lrom
Charleston and duly arrived az this yort but as the
lbc,lants aiege tie defendants fasd and neglected
L Of ladlng. but only delivered 20 libeants seven
bales thereof, by which they claim damages ior
si,ooo; c,..
ton Steamship Con.any--pnt IN denial general
anu spcciLc that t,e hbciIants have been
coLIon; that the master OF the vessel has
Lot delivered more than seven bales Of said cotton
iu.ea still negecs or refuses to deliver The bal
ance Vi six oaes or any part thereof. mat on the
arrival of me vessel IN port the defendants notned
tile ilDe.ls 0l The airvai OF their c0tton-thirteen
baies, us per manifest and reQulriDg them to
move tie same. nat The cotton discharged anu
landed Oh pier 36 North RIVER in rs good order
when nIccei That llbellants removed seven baes
or the cotton promptly, but .cIt tke remainder SIX
bales wing Oh tue pier lOr three entire days. aE the
EXPIRATION OF wiHen time the defendants stored the
cutton ut nbellapts' expense and rsN IN store IN
North " oore street. according to noice given. That
On Tie morning OF tue 18th February the hbcllants
called oh The defendants ioi and received delivery
order ior Tie balance ol tAc cotton SO stored, and
thc uStN-
erp rs iuii discharge ana luillmehL ol every ulder
tuhins and liability Uf saa steamship and her master
auu owners al respect OF tie same. counsel Tor ~
fbeantS MT. Thomas SAdicr; Tor dSfendants, Mr..
Joseph ii. Cfolte. Inc IOlft rendered decision Ill
favor OF the defendants. tre
A salvage Case.
The NeU York SabBnrtne Company cs. The
Schooner T. r. Furtau.-The papers submitted In this
set forth st the part Of the iibeliants, that
the llbellans were, the 4th OF October 1867, the
owners OF the steam vessel Rescue, which, with
other vessels and q large quantity OF wreckng ap-
paratus aud material aid iarge star OF skilled
lnen was maintained Oy the liOeilantS Tor the pur
pose OF senuing ASSISTANCE 70 vessels needing such
assistance that on the date mentioned October ~
the schooner J. f. E.rian was lying aground on the
k1amer snCal, in Inc lower bay, having gone ashore
there III storm, and was unable To get Of that the
Mbelalts beug notified Of The act sent the steamer
Rescue W her assistance, hauled her Oil and saved
her from becoming complete week; that the
services thus rendered were savage services and
were worth The sum VI $3,0J0 which The llbellants
low claim.
The claimants admit and aege In their answer that
the schooner the evening Ol October T. 1857, with
. cargo Of bituminOus coal, got aground on the
Roman ShOal and remained there during the night
That previous 10 the arrival OF the Rescue The
schooner was working her way OF, and was almost
Anoat that the services OF the Rescue were at first
declined, bat ultimately accepted to the extent
ol the Rescue taking hold. and hawser was
attached. M #H9 esHa i.a
The claimants under the circumstances deny that
the libellants are entitled to salvage to anything
more than q reasonable compensation, winch tue
claimants have offered to pay and that the charge
0f 5000 10 exOrDitant For hbeliants, Man Par
sons; for claimants, Mr.. Owen.
l0Se still on.