The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-06
UNITED STATES CIRCUIT COURT.

tho Court Of General Sessions
UNITED STATES CIRCUIT COURT.
A Consisnment Of Cotton-The Rlshts Of Com
) stEnees-Motion for New Trial.
Before Judge Woodruff:
r. n. Gubbed0o ana another Us. II. B. kirkland
The motion was made by the defendant, and was
based upon allegations Of newly discovered evidence
and misdrection In the charge OF the Judge to the
Jury. In October, 1868, one J. W. Frears was a
cotton merchant In Macon Ca; CuDbedge
bankers IN Ssss e. the
S Haschurst was the East River National Bank.
Kirkland. Wiley 4 Green, merchants IN New
who, on the 18th Of October, drew his dram for
s: ooo..Macon, October y, 1898. On sight pay to
received and charge same 70 the account Of cotton
shipped. J. W. Frears. Kirkland, Wiley b Co..
New York; on ne l7tn Of October Rrears ap:
Of isadins q railroad receipt for Sky
IN. PARTIES tSss the ars was
drawn against and was to be secured BY the cotton
piled BY Frears TO the purchase Of sixty bales OF cot
ton III. cotton was shipped on the GsOr;
fading for it's delivery to them they undertaking to
pursuance Of his agreement with the painn6s. On
plaintins to the East River Bank, and on the 2oth
Payment was refused at tt the - bank Of this
draft, to which the bill Of ladtng was at
noce was sent to the defendants that the railroad
receipt had been delivered to the plaintiffs under an
arrangement upon the dsc0unting Of this draft that
Il should 70 into their possession as security for Its
payment The cotton arrived in this city on October
80, and on the same day the defendants received
ships S S Of iadiSs and BAKER, acting for the
plaintiffs. demanded tho cotton from the defend.
ants who refused 70 deliver IT. but sold II apply
tins thereupon brought an action and the jury
found verdict for them for $6,s77 the Judge
TO the plaintiffs, IN pursuance OF an agreement upon
the discOunting OF the draft that they should have
not q
taken possession OF the cotton then they are liable
to the plaintiasn Various points were relied on as
going TO show that there ought to be new trial.
The Court reserved Its decision. e1 TFcn
The Hansentic Republic and the North Ger
man Lloyds.
The North German LlOvds Is. Hiram Barney.
Collector Of the Port OF Neto Yorf.-This case has
arisen under o commercial treaty between the
Hanseatic republic OF Bremen, Lubbock and Ham
burg on the one hand and the United States on the
other. The treaty bears date october 20. 1927 The
sOD By the the North
for alleged duties collected on their vessels in this
port BY Mr. Barney, as the Collector thereof in pur
81 ssa The coeone ssoss
duties actea merely ns n ato, his Sapacly az
the duties in obedience to the united States
law, and paid the amount so collected into
the Treasury. But the plaintiffs ailege that the
duties wera collected IN violation OF the treaty
above referred to.
The government demur to the bringing OF the suit,
claiming that the plaintns have never been in the
Rr0meus
vessels were owned there and bear the Bremen nag.
and sailed 70 the United States where the duties IN
trance to the port Of New York. The government,
therefore aege that under these circumstances the
gether from the case and that IN reality the suit Is
one ct the instance OF the Hanseatic Republic
money alleged to have been Illegally collected in the
manner described. In answer to the plaintif's de-
mand the defendanss i9terpOse the statute q imi.
pantis did not bring the suit until six years had
elapsed after the collection had been made. The
given contain the principal grounds upon which the
suit OF the plaintiffs IS resisted BY the United States
Decision reserved Hd a8Na
Tho Thompson Bankruptcy Case.
This case was reported In the HERALD OF yester-
day. Certain creditors had sought, on petition of
review before Judge Woodruff, in the United States
Circuit Court to apnul the discharge Qi thompson
a bankruptcy 81 ths ground that he had Suppressed
stood. il was alleged, in the names Of his sons.
Yesterday Judge Woodruff rendered his decision.
He satd:-Alrhough can see elements 10 the case
giving rise to the gravest suspicion and, although
looking at the case from moral point Of view. the
bankrupt has come far short OF his duty to his credt
tors In Withholding from them the fruits Of his la
bors for the past thirteen years to whom he owed
the largest duty, after squandering their money IN
reckless speculation and adventures yet the proof
s wanting to satisfy the legal mind Of such state
OF facts as would Justify the Court In acting
upon the clear moral principles which pre.
sent themselves In tins case. While It
may be true that the Of the debtor have by skill
acquired In business half a million each it is still
more than likely that there Is clear understanding
reached by sort Of magnetism between the debtor
and his offspring that when the father Is free from
embarrassment ne shall have q large share, II not
the whole OF the wealth, which, perhaps in VIOLA
ton OF his moral duty Is thrown into the hands Of
his family. Still, the judgment OF the Court cannot
be always In proof which this case does not FURNISH
to justify the reversal OF the order OF discharge The
decree or the Court below Is affirmed.