Simpson v. One Hundred & Ten Sticks of Hewn Timber

Benedict, D. J.

It is useless in this case to determine whether the ship-owner is entitled, under the charter-party, to any greater sum than the $4,750 named in the bill of lading as the amount of freight and demurrage, for the reason that the amount named in the bill of lading is greater than the proceeds of the property in the registry.

The only point requiring determination is whether the action must be dismissed as prematurely brought. The libel was filed on the twenty-fourth day of May, 1880, and, as appears by the marshal’s return, the lumber was seized by him on that day by virtue of…