Brig Collenberg

This was a libel in the Circuit Court of the United States for the southern district of New York, filed by John S. Lawrence against the brig Lieutenant Admiral Collenbery, for damages suffered by a cargo of fruit shipped at Palermo for New York and injured by decay on the voyage. The owners of the vessel denied the right of the consignee of the cargo to recover the damages he claimed, and filed a cross-libel for freight, primage, general and particular average. The District Court dismissed the libel in the first suit, and in the other made a decree in favor of the ship-owners for the freight, &c. This was affirmed by the Circuit Court, and the consignee took appeals to this court in both cases.

The facts are specially stated in the opinion of Mr. Justice Clifford.