86 moan:. ranroaraa, vol. 38.
the plaintiii`s’ last request, viz., that " the plaintiffs are not prohibited '
from so manufacturing goods as to conform to a lower, rather than higher, A
exaction of the tariff; and though they may have adopted a very tech-
nical device to escape the higher rate, the question presented by the case
is only whether their goods are embraced within the higher rate, and is
not whether the plaintiffs have evaded the law."
The defendant requested the court to charge: (1) That if the jury
find that the selvedge of these goods was made wholly or in part of cot-
ton, introduced for the purpose of changing the classification, there
' should be a verdict for the defendant ; (2) that if the jury Bnd that the
plaintiifs’ goods were made with threads composed of wool and cotton,
introduced for the purpose of changing the classification, verdict should
v be for the defendant ; (3) that if the jury find that these goods are
women’s dress goods, substantially composed of wool, and known in
trade and commerce as "all-wool fabrics," the defendant is entitled to a
verdict ; (4) that if the jury find that the quantity of cotton introduced
in these goods is so insignificant as not to alter the character of the goods
and remove them from the category of " all-wool dress goods," as known
in trade and commerce, the defendant is entitled to a verdict,——·each of
which requests were denied by the court.
Verdict for plaintiffs. l _ -
HENDERSON et al. v. Tease Hvumunn Torts or Inca 01m.'
MARVEL v. Tm; ScA1~:nrNAvrA._
( (District Court, & D. New York. · February 5,,1889.)
I. Birrrrmo—Lrear. ron Fanreirrébsmaens ron Da·rnN·rroN——W1mN Accmms.
The steam-ship S. arrived at New York with iron ore. The bill of lading
receipted for 30 tons, “weight unknown, " to be delivered to the libelant M.,`
freig t payable on amount elivered. It was unladen into libelant’s lighter
alongside, and weighed in transit by a custom—h0use weigher. This weight
could only be obtained at the custom-house after the returns were Bled. There
p is no settled custom here as to payment of freight before or during discharge.
Before discharge notice was sent to the consignee, requiring payment of
freight before delivery. He replied that he would pay when the weight was
ascertained. As soon as the ore was on the lighter, and before the exact
weight was ascertainable, the vessel attached the ore for the freight; and on
the next day a cross~libel was Bled for damages for refusal to deliver, no tender
— having been made. Held, that both actions were prematurely brought, and
that the libelant. should pay all costs and expenses incident to the premature
Bling of the original libel. ‘ ‘ ‘ .
9. BAME—ADMIRALTY—PLEADING—SUPPLEMENTAL Courcnsmr. »
A libel fatally defective cannot be sustained through a supplemental bill
setting up matters subsequent; but a supplemental libel may, for cause, be
allowed to stand as an original libel as of that date.
*Reported by Edward G. Benedict, Esq., of the New York bar. ‘
g l \