tion. Nor can I find that, if a proper rope or readjustment had been asked by them, it would not have been allowed: I do not see how I can hold this to be less than acquiescence by them in the wrongful act ,of the mate, such as to charge the men also with negligence or want the principles of of reasonable care. The case falls, therefore, The Max Morris, 137 U. S. 1; 11 Sup. Rep. 29, 24 Fed. gep. 860. Though the libelant is yet far from well, his ultimate recovery, upon the ' evidence, 8,eems proMble. 1 allow him $400, and CO$ts.
(DlItrict CInlh't, ,D. WaaMnaton, N. D. lI'ebraU'711t18Ol.), Jrurma LJBNli-INSUBAlfOB PREIUt1Jl8. , lJnder thegeneralml\l'itime law there Is no Uen onav8sielfor mllrine Inaura1Hle premi1UD' due frqm w,r :' " ' ' .
in A<irniralty· Libel by bark H(jpe, etc., to recover to th(:l libel. Sustained.
Sun , '. premiulXU$. 'Heard oU,exceptiol1$ . ." '
Wnt. H.Whittle8ey, O. D.$mery, for claimant.' "
" , . . '
District is 11 suit in the amount of a premium for marine insurance issued to' the, of the vessel libeled. The claimant has filed exceptions to tbe,libel oil the gronnd that there is no lien to support process in rem,and the court is without jurisdiction. There is no statutedgiying a lien for p,remiums in this state, and whether such a lien exists under the general maritime of authority. But a ma.law is a qUtlStion upon wl:tich I.find a jority of CRses, and I' the' weightier affirm that in:suranceforthe personal benefit of an owner is not eBBeptial to render a vessel or an aid and there can be.n.o reason for gi cre<iit to the. vl;lssel for. s,uch expense; therefore, .the hen does not Henry,Adm.p. The John P. Moore, 3Woods,61j The GUkey, 19 Fed. !tep.127i The Waubaushene, Fed. 109; note to The Dolphin, 1 Flip. 580. I hold to this and will sustain the '
XBImmsu v. to!rclfit
ELDER SUGAR REFINING
CHURNSIDE· 'iI. SAME.
Oourt of Appeal.B, Second Oircuit. November 14,1891.)
On tb'e'evideIlce, held, that ,all the sugar received by the steam-ships Ixia and Hampshire bad been delivered, the contents of the missing bags having been put into new bags by the ships' men; and respondent's claim to make a deduction from the freight because of suoh alleged shortage should not be allowed. 42 Fed. Rep. 511, afilrmed. ,
Appeal from the Circuit Court for the Southern District of New York. In Admiralty. Suit by of the vessels Hampshire and Ixia against the Havemeyers & Elder Sugar Refining Company to recover a balance of fQrl(ibelants was affirmed by the circuit court, and respondent appeals. Affirmed. The evidetlce 'showedthat<tha Nspondent took charge of the unloading, and its handled the bags roug1;l.ly J de,stroying some of obliterating ,their marksj, tbat, a, great deal of sweepings remained after the discharge, which werepldced in' new' bags by the "The delivered 2.llm. prp than the bills 'oflading Called/ol'; the Ixia;16. ,The shortage lD weIght \'vas not 1 per 'ceiit:iof'thtf'ahiount stated' ill the bills of be accounted for by the tendency of sugar to vary lD 'WeIghtfrom mherent causes. The district court held that all of the sugar received had been delivered, and hence that the alleged offset 'to libeliults'claims failed, and they ent,itl!ld to (42 Fed. Rep. ,,511;) and, on appeal! a pro ]liIrJiaaffirmarice was rendered by the circuit court, whence raspondentappeale4 to this court. ,.' · Shepairq.&Ogden,for appellant. ()o'rr:Vei'8 Kirlin, for appellees. Befol'e WALLACE and Circuit ,'There is no. proof of a, of cargo in, dases:, 'except as to the sugar in the 11 cargo bags not delivered by the Ixili; andtbe 15 not delivered by the Hampshire. '. We are satisfied nta ",o.r,thes,e ba,g,s, w,ere.delivered. the '"7,, bagsof the Ix18"ai1d:tl)e 211 of the Hampllhlre, contalDmg sweepmgs, and t,hat s6Ip'El of.tbecargo bags wcrE(destroyed by rough 'usage during the aischarge'; and othe!s, qestroyed, were, put inside the new bags. The decree of thejcircuit court in each case is affirtned, with interest, and the costs of the appeal to be paid hy the appellant, and the cause remanded to the circuit court for further proceedings in conformit,}, with this opinion.