New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-06-29
"THE sun" MUST PAY Up.
JUDGE BROWN AWARDS $500 DAMAGES
AGAINST THE NEWSPAPER FOR THE
LOSS OF YACHT

AGAINST The NEW Or ~ i>AN
LOSS OF A YACHT
Judge Addison Brown in the United states DIS
trict Court, yesterday handed down a decision
ou,ard,ng ss5 ooo damages and interest from No
verober ! 1898 10 William L. Moore, In his suit
against the New-York Sun Printing and publishing
COMPANY for the loss of the yacht Kanapha on lie
north coast of Cuba September .. 1870. WINE III
the service of The Sun as newspaper oispa'e"
boat In his decision which goes fully into the
history Of the case Judge Brown says that the
Yacht was first chartered by Chester 5. Lord TOT
two months from April g. 1895 Afterward. on May
IA another charter was made for four months TOT
1000 In both charters Mr.. Lord was designate1
as the hirer Of the yacht but In signing the omar
ters he signed For the Sun Printing and Puoish-
ing Company"
II was stipulated in the second charter that tn,
hrer should man and equip the yacht security
stipulation was signed and acknowledged before an
attorney that it was made under the authority
Of said company and It's act and deed the
answer Of the defendant denies that LORD mac any
authority to execute either the charter or the
suretyship on account Of the defendant, or that u
was bound thereby. 1t is admitted that the yacht
was used in the procuring Of news for the de-
PENDANT but It is alleged that Lord acted on MS
own responsibility and without the authority OF the
defendants Board OF Trustees II is also allege1
for the defence that 1t fully paid for the use OF the
Yacht and that she lost through sea peris
without the fault of the defendant 1t IL admitted
that the defendant kept the yacht Insured UP 10
within few days OF her loss, in the sum OF s"o"
Judge Brown says that II clearly the intention
OF the owner 10 let the yacht nominally and In
form 10 Mr. Lord who IL called the "hirer' and at
the same time 10 take a guarantee from Inc sun
by which 1t should make Itself virtually the prln-
cipa but Mr. Lord did not understand this. for IN
signing ne signed for the Sun Printing and PUP
fishing Company. The contracts, the Judge says,
must be deemed legally TO be contracts Of The
Sun" and Mr. Lord had such general authority
as was sufficient TO enable him to enter into these
contracts intending to bind the defendant, and the
trustees and managing officers Of the defendants
had such knowledge az TO make their acts in using
the yacht under the charter ratification OF Lords
action and to bind them for the performance of
his agreements made in their behalf.
Judge Brown says that Mr.. Lord was the manager
Of the news department Of THE Sun" for twenty
years and was accustomed 10 make contracts 70:
the procuring of news In the war Win spain ~, nc
similar the kanapha, and these bliIs WeIs
paid by The Sun the same course was PufS TSe
charter money on both charters 5000 and $1,000
paid by the defendant and the yacht rntT Tns
news All the expenses of Quitting. ma1ntenance
and TsDs receivers @G 0y
news obtained by this yacht and sold to them ny
citation. had general information Of the arrange
ments made by Mr. Lore. ana me Iouft h9 Mr
that there Is no doubt or the ratincatloi oL Nj
Lords acts by the defendant, even II any doubt ex
listed as 10 the original authority arising from the
larger responsibilities attached to these later CON
tracts. The Yacht having been totally lost the
defendant Is responsible. -, "a,
The ibellant contends that he should receive N5ce1
for the loss and failure TO return me yacht, as II
| was stated in the charter that her value was
| SIS 900 There was no specific agreement, however,
| Judge Brown says that $4,000 70 be paid fcr
the failure 10 return the yacht at the end or the
charter period but the hirer agreed 10 procure Sc
SIS 05 against any and all loss; In the agreement
! hat IN No Qcp shall
| liability of THE Sun exceed the sum of $1,000.
This leaves $500 the $4,000 having been paid as
| entitled 10 the above sum with interest from
| November l.