Page:Federal Reporter, 1st Series, Volume 8.djvu/778

764 PEDEBAL BEPOSTER; �Tlie potatoes proceeded against are part of a cargo originally shipped by C. A. Harrington & Co. at Port "William, Nova Scotia, in the schooner M. G. Porter, of which vessel the libellant was master, to be transportee! therein to the port of New York, and there delivered to Perkins & Job, they payiiig freight on delivery, the lump sum of $875. A bill of lading in the ordinary form, dated November 29, 1877, was signed by the libellant. The schooner sailed from Port William for New York, January 2, 1878. In the course of the voyage she met with a storm, and was stranded at Horman's cove, in the town of Brooklyn, in the state of Maine. The injuries caused to the vessel by the stranding were such as to render it impossible for her to continue the voyage. The potatoes were also thoroughly wet, and, as the weather was extremely cold, there was immediate danger of their total destruction. The master of the Porter at once, and by telegraph, inf ormed the shipifers atid consignees of the cargo in regard to his situation. In reply, the shippers tei^ egraphed to him to sell the cargo ta best advantage of underwriters, aradithe consignees telegraphed him; "Los^ must amount to 50 per cent, of entire cargo to recover from underwriters. Aet for best interestof all coneerned. Porward us protest and any proceeds soon as possible." Thereupon the mas- ter ealled asurvey upon the cargo, and then sold it at public auction, as it lay in the vessel and subject to duties, for the sum of $200. The buyers at once took possession of the potatoes and entered them at the custom-house, paying the duties thereon. The buyers then loaded part of the pctatoes in 1jhe schooner "We're Here, and dispatched her to Boston. The remainder they commenced to cart over the flelds to cellars tO escape the frost, and some they stored in lighters. �By the time the greater portion of the cargo had been removed from the vessel the agent of the Boston Marine Insurance Company, a corporation which had insured the cargo and the freight, appeared at the vessel, and the weather meanwhile had become mild. The master of the Porter, upon repre- sentations of the underwriter's agettt that the potatoes should have been transhipped, then made an arrangement with the buyer of the potathes|ior a return of them to iiioi. In accordance with this arrangement, the potatoes that had been stored in cellars and in lighters were delivered back to tiie master of the Porter. The We're Here, which had arrived at Boston after u voyage of a week or 10 days, was ordered back, and upon her return her cargo was also delivered to the master of the Porter, who thereupon paid.to the buyer of the potatoes money equal in amount to that paid for them at the auc- tion sale, together with the amount the buyer had paid at the custom-house for duties on the potatoes, and the additional sum of $200 for the expehses of the voyage of the We're Here to Boston and back. The sound portion of the potatoes, amounting tp some 3,183 bushels, were then shipped by the master of the Porter, in his own name, on board the schooner Altevilia, to be transported therein under an ordinary bill of lading to the port of New York, and there delivered to Perkins & Job on their paying the sum of $500 freight. The Altevilia in due time arrived in the port of New York, with the potatoes on board, and they were there received by Perkins & Job, wlio paid the $500 freight provided for in the bill of lading of the Altevilia, and sold the pota- toes, applying the net proceeds to the credit of C. Harrington & Co., the orig- ��� �