Page:Federal Reporter, 1st Series, Volume 1.djvu/890

882 FEDERAIi EBPOETEB. �proximity to the bleaohing powders ; and the court observed, "There is no testimony on the subject." �The testimony of the chief officer was simply that the stow- age, as it was, had reference to the trim. This was doubtless true. The stowage of every ship must have reference to tho trim of the ship, but upon the particular question as to whether, safely to the ship and the rest of the cargo, a different mode of stowage could have been adopted which would have been, in this respect, safer for the bags, neither he nor any other witness gave any testimony. �For these reasons the motion must be denied. ���Dent v. Rs.dmann. �Janssbn V. Pattebson and othera. �District Gourt, E. D. New York. Mardi 9, 1880., �Attachment — Attachablb Ckedit — Conditi6sal Liability. — The difference between the charter money and the freight list of a steamer, payable upon the performance of the voyage and the collection of the freight according to the bills of lading, is net an attachable credit until the performance of these conditions. �Samb — Answbe of Gaknisheb— Patmbnt of Dbbt into Coubt.— The answer of the garnishee, admitting an indebtedness for this difference of freight, is not conclusive as between two attaching creditors, upon the impounding of the amount of the debt after its payment into the registry of the court, in a proceeding in rem to try the title to the f und. �Patment of Fond — Pboof of Claimant. — In disposing of a f und in its registry it is competent for a court of admiralty to require proof of the right of a claimant to any part of the same. �In Admiralty. �Butler, StiUman e Huhhard, for Dent, Patterson and others. �Beebe, Wilcox e Hobbs, for Eadmann and Janssen. �Benedict, J. In order to a correct imderstanding of tho questions presented in the above entitled causes it will be neeessary to state with some detail the proceedings had therein; �The £rsl action was oommenced by John Dent, Jr.^, to ��� �