The New York herald., 1871-11-11
HE COUR T S.
Diamond Smuggling csse-A Chapter Of Com
munist Interpretation Of the Marine
Court-The Noe Will Case-Busi-
ness in the General Sessions.
UNITED STATES SUPREME ccua1.

Suit Growing Out ,It the Bonbardr,ent OF
Greytewn-Forec' osnre OF Mortgage Of
Kentucky Kaiir6Ad-The Proper Construc-
iion OF QUAR- 'ermaster's Contract.
WASHINGTON, Nov. 10, 1871.
No. 2l1. Pc. rim and Perrin rs. United States
Appear iro". tho Court OF Claims.-The appellants
claimed Compensation for property destroyed at
Grey'o an, IN Central America. by the bom-
par' 4mcnt OF that place by the sloop-of-war
zane, in July, 1864. The appellants were
then and are now French subjects, and,
as appears by their petition, their government de-
cined to press the claims OF French subjects for In
demnlty for property destroyed by that lombard
ment. The Secretary OF State having been applied
TO- also refused compensation, on the ground that
the government Is not liable Tor such damages The
Court below dismissed the petition demurrer
holding that 1t had jurisdiction Of the subject
matter, and that foreigners domiciled In foreign
countries must share with the citizens Of that coun
Try in fortunes OF war. The appellants insist here
that war dd not with Grevtown at the time OF
the bomDardment and that therefore this theory is
erroneous war could not exist W tn GreytOwn and
il did not exist with Nicaragua and hence tine bonn
DarCIment was not in the exercise OF beaerent
rights because, II there war, there could be
no exercise OF belligerent rights.
No. 2O2. Ne,o orleans and ohio Railroad COM
panV ct al cs. Meilen, Trustee ana the United
.Stdtes.-Appea from the Circuit Court for Ken
tucky-m a settlement OF accounts between the
United States and one hOrnberry the latter trans
ferred to defendant In error (Mellen) number OF
coupon bonds OF the railroad company,
in trust to secure his Indebtedness to
the United States The bonds were sc.
cured by mortgages givon In 1869 ana 1860,
upon all the property Of the company, real and per-
Thereafter, some OF the Coupons being overdue.
Mellen and the United STATES commenced suit To
ali the pondhoders and one TrImbe, trustee or the
mortgages, defendants. Trlmbe was ordered to de-
fend on the part OF all the bondnolders not named
and against whom process could not issue. The
mortgages were toreclosed and the bonds became
the property of the United States. On appeal 1T IS
here cuntended that the Court below had adudicaed
the question between the government and the bond.
holders without any peadngs on which decree
could be based. Trimbe, 1t Is said, did not repre-
sent certain unnamed bondholders as TO bring them
within the jurisdiction OF the Court. IL is also in
sisted that there error in the disposition the
case on the merits, even If the matter was before
| the Court, SO as to bind all parties by the decree.
No. 2O6 Scott Us. United States.- Appeal from
the Court OF Claims.-Thls is an appeal from udg-
ment In favor Of the United States in suit brought
by Scott on contract with the government made
by colonel Noble, Assistant Quartermaster, by which
Scott agreed to furnish transportation to the gov
ernment III the West In 1866. balance was alleged
to be due, which the government declined 10 pay,
claiming thar the amount asked was for transporta-
tion not within the route for which the contract was
made The Court below oand The deence well
! founded and the Judgment was for the United
States. The appeal insists that there Was error In
the construction OF the contract.
No. 203. Townsend, Executor, de-, rs. ChOppellO.-
Appeal from The Circuit Court for the district OF
WlsconsiD.-The appellant filed his bill to foreclosc
a mortgage and bond executed by the appelees to
Frederick Bronson OF New York, executor or
Arthur Bronson. The mortgage and bond were
executed TO secure part OF tho purchase money or
certain premises in Lafayette, Wis. One Bostwick
OF Galena H., by and through whom the business
was transacted. was the agent OF Bronson, ana
sucn received several inSalments as they
became due, and receipted for them In
the name OF Bronson. Bostwick failed.
having portion OF the money SO received IN
a rnf n
appelees and mortgagers with the money IN the
hands OF Bostwlck, and alleges that Bostwick was
not the agent OF Bronson and not authorized to
receive payments except the first one. The Court
below founo that The agency existed ana that the
money in BostwicK's hands should be credited to
the appellees. The appeal insists that the Court
below erred In Its rulings upon the evidence and Ia
its conclusions as 10 the Iacts.