The New York herald., 1874-11-24

ION IN this case was whether the Fox River in
wisconsin, was naviganle water OF the United
trine lald down by this Court In tue case OF the
Daniel BAH 40 Walace) that those rivers must
gable In fact: being used or susceptible Of being
used Ia their ordinary condition as high
way WAYS ). &c, ior - commerce @ over which trade
ary modes Of trade and travel on water and as a
navigable water oI the United States when II
waters continued highway over which commerce
4 or may be carried on with other states or
ioTesn Countries in the customary modes, &C.
No. 81. Hearne rs. The New England Mutual
Marine Insurance Company-Appeal from the CIR
cult Court Tor the District OF Massachusetts, This
was q bill 10 reform policy oil Insurance on the
bark Maria Henry. chartered TO go rom Liverpool M
To CuDa and load Tor Europe via Faimouth ior
orders where to discharge. On TINS representa-
ton the policy OF insurance was Issued, IA ana
from Liverpool to port IN Cuba, ana at and thence
to port OF ADVICE and discharge In kurope"
This policy was accepted wiCnout objection Dy
the insured. The bark touched at two ports IN
Cuba and was subsequently lost- The company
treared the use OF Two ports as deviation OF the
contract and declined payment OF tie Insurance.
Evidence OF q usage In the trade allowing
vessel TO use two ports In Cuba was offered and
rejected and judgment was given Tor the company.
Ihis Judgment IS mere affirmed, the Court holding
that such evidence was not admissible to vary con-
tract MIR. Justice Swayne delivered the opinion.
No. ST. Equitable Safety Insurance Company vs..
Hearine.-Same question as IN No. 81 IN this case.
The Court held that the contract covered two
ports III Cuba. and Judgment was Tor the insured.
Affirmed here.
No. 81. Snckney VS.. wilt-Appeal from the Cir
cult Court for the Northern District OF Ohio.-The
decree IN this case holds that cii cult courts have
concurrent jurisdiction with the district courts or
the same district OF all suits AT Law or IN equity
which may be brought by the assignee In bank
anv sp rS 81 ~ the
bankrupt, transferred or vested Ia the assignee, or
BY sucn person against such assignee touching any
such property or rights OF property, and decides
that the defendant In error was not entitled 70 q
lien on tue lands fthe bankrupt TO tine amount Tor
which ne was surety Tor IN as held below. re-.
versai VAS ordered. Mr. Justice Clifford delivered
the opinion.
No. 5s. Jackson ct al VS.. The vicksburg, shreve-
from tire Circuit Court for the District OF Louis
ana1ins was az. proceeding 70 TO- Sc, aside
company made to the appeees, joined
with the company in the action, on the
the stocknolders, a' and M was made to Sl place &c
q clique. the Court below sustained the
declaring the sale to have been fraudulent and
void, and ordering the reinstatement OF the ap-
pelant's bill, which was dismissed below. Mr..
| Justice Strong delivered the opinion.
No. a. Marsh vs.. Whitemore.-Appeal rom the
oGu eour tor Maine thu the
| bill as wanting cause OF action and as pre-.
sentng q State claim In a proceeding to
bonds and notes Of the Kenneoec and Portland
Railroad Company alleged TO nave been placed IN
tie Of APPELLANTS 0 debt IN Maine s and a appel
| lees compensation Tor services aS counsel. Mr..
| Justice Field delivered the opinion.
No. 55. Mays vs.. Fritton-Error to the Supreme
| Court OF Pennsyvanla.-Thi was an afirmance o.
o decree holding that judgment lien against 8
bankrupt held by the defendant IN error was lien
upon certain property sold under proceedings In
bankruptcy. Mr.. Justice Hunt delivered the
| opinion.
preme Court OF Colorado Territory.-This was 8
contest concerning certain personal property
claimed by both parties to the suit. The Court
excluded certain evidence below, which gave tie
to the defendants there. The Court here holds
the evidence erroneously excluded and reverse
tle Judgment and award a new trial. Mr.. Justice
SwaYne delivered the opinion.
THURSDAY being Thanksgiving Day, the Cour,
ordered an adjournment rom Wednesday to Mon.
day, the 8Oth inst