District Court, S.D. New York July 1, 1863 (Marriner v. Luting)

SHIPMAN, District Judge,

without hearing the counsel for the libellants said he was inclined to the opinion that the respondent was correct in his construction of the charter party, but that as he had not objected to the bill on that ground when first presented, the transaction between the parties was a fixing of the amount to be paid as in the bill stated, less the hogsheads to be deducted, and