Allegro v. Leber

BeNedict, D. J.

These two cases were tried together. One action is for non-delivery of 28 tons of sulphur, alleged to have been shipped on board the Italian bark Ismaele in the port of. Girgenti, to be thence transported to New York. The second-named action is to recover a gratuity of ¿610, provided by contract to be paid to the master on proper delivery of the cargo of the same vessel on the same voyage, being the same cargo of sulphur referred to in the action for nondelivery. On the part of the merchant, Leber, the charge is that 28 tons of sulphur were abstracted from the cargo during the…