, 1874-02-11
THE: COURTS.
a Decision that Interests Sail
ors.
Tho Dangers Of Compromising with
Debtors.
Collision on the River. Bankruptcy
Items.

WHhA IL a dIhLE IAdLaA
Judge Dlodgatt gavo q decision In the. case Of
Nelson against the scow Harriott Ann, yestorday,
which will bo of,fnsorest to sailors and: others
having maritime liens. Tho action was q 1bol
brought by Olo NJ. Nolaou agaiuat tho Bcow, or
BooY-achooner, 11Arrictt AMI and her ow1lors for
wages, amounting to about $780,. 1t appeared
.hat Nelson had worked during tho soason Of
1860, part Of 1870, and 1871. John A., Nelson.
N,e brother Of tho libcllant, was tho owner until
Tho spring Of 1871, whom, ho sold to Snoll and
Lipo, ana Smell subsequently uold to Lipo,'
who purchased FREQ and clear Of all lions.
Libo1laut now brings suit for oil ILLS wages earn
cd during tho seasons Of 1869, 1870, mud 1871.
TheJudgo romnrkcd i'll hiB decision TINT tho
lien Of sailor was secret, md That some limit
should bo fixed to tho time for which, 1t should
extend No statutory bounds aro fixed, but tue
tulc to which Judge Longyoar has adhcrcl that
tho lion should not bo allowed oyer ono year, ,was
just ono. In ;that.. caso, reported in tho
second volume OF tho Legal Nc1ns p.
351, Judge Longyearr discussed ut length
the question Of what q stale claim
tho close Of tho season to support them during
she wintor, and il q 1nRn allows his waUcs on n
eessol to remain for aeyeral sonsons, during
Which time tho vessel changes swnerH, as in
tlia case, Ao must bo held to havo abandoned
hlone.' Wages aro first lieu upon tho vessel,
mud all know it; and IT. they suffer wages to
remain unpaid, notwithstanding tho univcrsal
necessity for prompt payment, IT. raises tho
This is, however, not IN iuaoxiblo ru'e, be-
rauso what shall 1nalio q c}aim Htnlc III nj
Ways a question OF. fact, to-, DO de-
tor1nicd by all the facts in each case.
It is enough to say that Tho clain for the years
1869 and 1870 must bo found to DO stale as
against the present 'owners. Whom Smell and
Lpo woro tho owners, they wor9 bound to sec
Tint all wngos woro paid, and as tho proof shows
That lIellapt worked OIL tho vcssol In tllo fall Of
amount Of $40, which ho has not been paid. llis
claim will bo allowed for TINT nmonnt, without
Interest," as tho proof shows ho ncvor demanded
payment ofthe owners, and tlie fair Presumption
ssthat they would haye paid hlu Il ho had naade
demand. ''''
THE Law or SQUEEZING.
A ruling WIS made by Judge -Dlo1gott yeater-
1ny in the case Of sDMlell against r1laine, which
will be- Of interest to 1norchants who try tho
sauooziug process with their customers. Tho
tase waB brought ,by 3ohn' 13ullon agaiNat Ce'es-
tan: Blaine to recover oil d noto for $500 given
by tho latter, as III claiinol,' for seryic6s ron-
acred in obtaining . compromise from Dlaincs
credtort ut tho irnte Of 40 'conts On ilc dollar.
EAo dcrenso holds TINT tho note was oxtortcd aan
condition for diminishing proceedings in bank
ruptcy.' 1tappoars eliat proceedings had been
bogun against Dlhille when Du1len cama on hero
In the interest Of firm in New York to 500 as to
Hhnt'torns could bo ,mndc, .~,Daiuo offered 40
ceut, and oflorad that, il Dlaiho would pay Lin
$500 and 80 per cent On tho firms claim ho
would induce tho other creditors to releuso on
The sa1no basis, An intimati0n wnB also mndo
thatyn tho agreemont wore not contaminated,
Billions Arm, would .rofuso to consont.
to Blaine's discharge. Blaine gave tho note. ald
Tho arrangement Wns Carried out. But tho $500
was mot paid, and suit was brought. The
Judge, in lliH charge, eaid TINT if it wero proved
tEat Tie note was asked and given for services
consent Of 7ulr Of Dlnino's creditors to the conf
promise, then tho noto.had-n good consideration,
and was valid;' but il, on tho othor hand, it
should DO .ahown that The noto was oxtortc1
nnnblo to ohtuin ., discharge otherwiso,
and was void. It was settled TINT
II party, creditor, took such n step, the con
aiaeration tnilot, and tho rule could bo stretched
still further, SO as to include un ageutwho works
in behalf of lis principal: The jury, after beidg
put less than five minulcH, returned verdict for
the defsuduut,
DAMAGES ron .coLLIsloN.
Tho case Of r. o.. Peterson, owner Of tho
schooner Barber against the schooner Wond
ulo Wavo and tug Evans, was decided. The
libel was filed to- rccoyer damages for collision
OF tho Wend the Wavo with tho Darber. Tho
latter was made inst to the shore, whilo tile
dn,sr atroan conaht ta nas5,cr,o fn,.o s,,S, sH"nS
a,,n H. Taa'hni p ~ ~
,,.v H. Nv ~ ~ I! tn. lns a at ms s no
,nd MT co,1ao ~ an III horo wv" ,n ~ ~ ,,aa
aoca u"r,, NV ~ NV o1 "1 a," oa WE ~ FILL
,nI ~ a...sa9 ~ s ~, W., ~ ~; H. .u IT,,
~ raona;Iu s 49,, mu., noa Su9 .ss t bo
~ ap;n, 1oi ahy oa'ao7 oceaa'oueo ny
sno oo'''o'''', ,,o,,,, ,.ao,. ,,rn.,.n,a -"
n,;,,, p,,;9e. n1s ;i,l.a;;asn.
s,orior d Gort I sottinr ont {Sat hn has M ens eo
~ sa,,, t;,,a 6rs";,r aS -ur roa ~
oubs5sa -. 10y ~ r.; ~ Nn ,i, NJ
~ soto 1aau ottar no ~ .o .,oi ~ nsi ~
tami an,1an,o ",,o mo 4a ~ u.ccs IT,
snUr, ~" pS,;mor IA ,nn,,t 5 ~ ,snpls ,,I n1
ELL, ,,o ~ ,t,no,;n 1;o," n
aio;,,snt IL ,lao no,nm,onod 't Sit hefnrc
1nstica Hai,,o. wtbcnt Inai,;ns, Kar, ,stn nort,,
Sa'ss'sI iihlngS ";Mous Asnt'sos ,ao M psay,
a,,,t;n ,'o. saa1 1d NH ~ H.. 1,nn1ia ~ ~
W. nnnsnho sngI arnra II t," m
nrp"n2 onatar had anttInn,at q, si,pH III
t H. t;, rom1,to, .l ~ ~ ian,t ~.
i and that hat % Pfeiror has, 10 cIain III p pgu,1st , lin,
Moreover lie Justice Ind no right or authority
ns,s NJ R1 nn in,uneiion araimst nemnscv to rcutra
him him from leyying % Oh apy % nroneriy s;nijsr tne m
N-s ''"y