Page:Federal Reporter, 1st Series, Volume 3.djvu/175

168 TEDERAL REPORTER, �In THE MaTTER OP THE PETITION AND LiBEL OF ThE LiVER- �POOL & Geeat Western Steam Co., (limited,) etc. {District Court, 8. D. New York. June 26, 1880.) �1. UifEA-RyED Frbight— Rev. St. ?? 4282, 4283, 4284.— A claim for un- earned freight, paid in advance, is not within the class of claims protected by sections 4282, 4283 and 4284 of the Kevised Statutes. �Motion to Eestrain Suit. �Beeie, Wilcox de Hobbs, for motion. �Butler, Stillman e Hubbard, contra. �Croate, D. J. The petitioner in this matter having com- menced proceedings to limit its liability for losses occasioned by the wreck of the steamship Idaho, now moves to restrain the prosecution of a suit brought against it in the district court for the eastern district of New York to recover freight moneys paid in advance upon the shipments of cargo upon that vessel, which cargo was lost with the ship. The sole question presented is whether such a claim for the repayment of freight money paid in advance, but not earned by reason of the failure of the ship to deliver the cargo, is one of the claims as to which, by the act of congress and the general maritime law, the liability of owners is limited to the value of the ship and pending freight. �The class of claims to which the limitation of liability ex- tends is described in Eev. St. §§ 4282, 4283 and 4284. By section 4282 it is provided: "No owner of any vessel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatso- ever which shall be shipped, taken in or put on board any such vessel by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner." By section 4283 : "The liability of the owner of any vessel for any embezzlement, loss or de- struction by any person of any property, goods or merchan- dise shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred with- ����