The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-15
THE COURTS.
Remarkable Litigation Over the Pos
session of a Steamship.
DECISION IN BANKRUPTCY.
Allowances to Counsel in the
Marine Court.

Charles A. Jones has brought . SUIT against the
Panama Transit Steamship Company to recover dam
iges Tor the alleged unlawful taxing OF steamship.
Tho story, as told in the complaint. sets forth that
he steamship Georgia. then belonging to the COM
pany, on the 23d Of Juno. 1876. wrecked
fnown As Rocky Point. In the Straits OF Magellan,
near Point Famine, and about forty miles west from
the CHILEAN. town OF Punta Arena or Sandy Point.
fho vessel was publicly sold in tho market place
81 Sandy Point. which sale, MS plaintiff states,
was then necessary to DO maze. The plaintiff,
through his agent was the purchaser at $3.50 gold,
bong the ighcst bidder. This gum was duly paid,
ana the steamship turned over TO the plaintiffs GUS
body. Upon being Informed by mis- agent Of the pur.
chase he went to Rocky Point and his men CON-
menced breaking tho vessel TO pieces. few days
before his arrival the steamship Wilmington, belong
ing TO chartered by the defendant arrived at Sandy
Point, under the command OF Captain james Holmes,
with crew and appliances for getting the Georgia
Aioat, and Holmes having used threats that II the
seorga not peaceably given up TO the defendant
he would take possession OF hcr by orce the plain
hs agent agreed to soil the Georgia TO the defendant
Tor $4,000. gold. 10 10 paid oya DRAFT on the COM
upon certain by Holmes relative 10 tho
graft, forwarded It TO defendants agents, but It
was not paid aud was duly protested He charges
that The graft was given irauduenty and merely for
the purpose OF getting possession OF tho steamship,
aud with no intention that the Same should be paid
whan due. He saw Holmes about It and told him
that unless the druit paid he would institute legal
proceedings Holmes requested him not TO DO so and
said he would not sail with the Georgia until the
matter was settled The plaintiff, relying upon this
assurance, took no further steps until the Goth
November, 1876 when no heard that Holmes intended
10 leave the Straits with both steamships
inc Georgia was afoat, or, In case the Georgia
would to abandon her and leave with the Wilmington.
Tho plaintiff upon receipt OF his news
or Rocky Puin. in ordsr to obtain .hs
return Of the Georgia or security. but on his arrival
be fund that Holmes had lett with the Wilmington
Tor Valparaiso and aid return until December ~
following. when plaintiff saw MIN. Holmes told him
That hehad NO further concern with the matter that
be gave the drafts merely TO get possession OF the
steamship, and did not care what happened that
BIO had her. Plaintiff says he made several applica-
tons to the Governor OF sandy Point prevent tho
steamship leaving, and, not being able to obtain the
requisite authority, went to Valparaiso WHERE after
several futile Interviews and kilograms no applied to
or for damages ana an embargo was placed on the
Georgia pending the determination Of tho cause.
This ordor was duly served on the several parties.
About month later The Georgia, being
then afoat, hat an officer placed board; but the
IN April The Chil,hn government sent orders to tho
various ports on the coast and the Georgia was
and second officer was placed on board. Tho Georgia.
however, again carried shortly aftor carry
ing or both officers prisoners They were confined on
board the steamship, and were subsequently landed ut
or near Megones IN Bolivia. The steamship on the
18th Of May, 1871 put into Calao In tho Republic OF
Peru, and was then detained by the government.
Upon the plaintiffs arrival she was guarded by
eight armed boats, and proceedings wore instituted
IN tho Peruvian courts for her restoration On
the 18th Of June, 1877, one Captain John Ii.
Dow arrived at Callao defendants agent aud Of
fsred plaintiff sl6 in gold with interest from No
vember II 1876 and 10 appoint arbitraors settle
fur thcr damages II tho plaintiff would 10 discon
tinue all proceedings The piannf agreed to accept
this o1cr, but the Defendants instead OF paying cash.
IS agreed, offered drafts and failed TO perform
tho agreement in any respect The plaintiff charges
Intent deceive and doiraud him gam time to
obtain possession OF the steamship by force, and
within week thereafter defendant did remove her
and ever since retained control Of her. Plaintiff
accordingly brings this SUIT Tor $4,000 damages
Judge Freshman, In the Supreme Court, Special
TORN, yesterday denied motion 10 strike out por-
tions OF tho complaint as irrelevant and redundant
IMPORTANT BANKRUPTCY DECISION.
In the United States District Court yesterday Judge
Blatchiord handed down q decision In the matter OF
Samss Croughwe!l, bankrupt. This Is the first de-
eison under the thrd section OF hstato OF June
1877 ana ID therefore OF special interest. In II Judge
Blacnford says:"rherc was a voluntary assig nment
oil the bankrupt the Goth OF December 1871 to an
assignee Of his credsrs Besscks. On the 9th OF
January last Goodman L. Meyer, creditors Of his
recovered judgment against him, and issued to tho
sheriff an execution against hts properly, under
which iovy was made on the property embraced in
said assignment. On the 9th OF January four days later
petiuon In involuntary bankruptcy was aied against
him, and he was adJudged bankrupt ON the 18th
OF January. 1873. An assignee bankruptcy been
appointed who possession OF the properly. Neiher
tuo Daukrupt bcSsckS Wltnln turty days after
Tho date OF tho voluntary assignment the Inventory
required by the third section oil the State June
TO- 1871 Tho sheriff now presents to The Court PEI
utivn claiming that, because OF the non ung Of
inventory, the assignment TO Besscks aud
VOid and 0l effect aud that Bcssicks obtained
any ttle TO tho property. Tho petition prays that
Inc execution MAY DO declared lien all the prop
trty OF tho bankrupt, that II be delivered to the
sncril, ana that Eo DO allowed to soil II aud apply
the proceeds on the execution; or that II II DO
boid ny the assignee la bankruptcy 10 pay over
10 tho sheriff sufficient OF the proceeds 10 sat-
must DO disposed OF tho principles
laid down by tho Circuit Court Tor the Northern Dis
tr'ct OF Now YORK IN re. Bexenlhal (15 National
Bankruptcy kcgisterl In that tho tile OF the
assignee IN bankruptcy 10 the property relates back
" the time the voluntary assignment was made,
eauso, apparently such assignment is under the bank
fupcv statute, vloable TO the assignee In bank
ruptcy. and hc claims the right 10 have declared
Tho voluntary assignment was valid against
tho assignee. There was no tito In the
assIgn0r 10 tho property levied ON when
the execution issued, ana ieviable interest
TO which execution could attach When tho petition
IN bankruptcy was hled on the 9th Of January, 1878.
TO which date the title oil the assignee relates, tue
shrtY days mud not expired aud 50 tho lie OF tho
ecuiion, quoad tho right, which tho assignee has
CURED, had not commenced That right ID to avoid
She voluntary sssgnment and recover The property.
Tue motion Tor tho relief prayed Tor on the potion Of
the Shorin Is denied with leave to him 70 rouow II
hereafter II so advised
vanaerpoeI, Green IL Cumming for tho motion,
Foster Adams opposed.
APPEALS IN The MARINE COURTS.
decision OF considerable i'm portance to practi-
loncrs and litigants IN the Marine Court was rem
ercd In the General Term OF the Court OF Common