Page:Federal Reporter, 1st Series, Volume 1.djvu/891

 T)ENT V. EADMANN. 883 �recover of Cari Eadmann damages for the non-fulfilment by Eadmann of a charter of the steamer Croft, owned by Dent. �Dent's libel -was filed December 7, 1877, and after state- ment of the cause of action, and that the damages amounted to $4,945.42, it avers that Radmann then had credits and effeets in the hands of William Patterson, John Doe and Eichard Eoe, owners of the steamship Blagden, then within this district. The libel prayed for process in due form of law against Eadmann, and that, in case he should not be found, his goods and chattels be attached ; and, if sufi&cient goods and chattels should not be found, that his credits and' effeets be attached iu the hands of William Patterson, John Doe and Eichard Eoe, owners of the steamship Blagden, gar- nishees. Upon the filing of this libel, process as prayed for -was issued, upon which the marshal made due return that he had been unable to find the defendant Eadmann, or to attach his goods and chattels, and accordingly had, on the seventh day of December, attached his credits and effeets in the hands of William Patterson. On the eleventh of Decem- ber Patterson entered his appearance in Dent's action, as gamishee, and filed an answer, wherein he states that the owners of the steamship Blagden are indebted to Eadmann in the sum of jË355, 19s. 6d,, under a charter of that steamship, being the difference between the amount of the charter and the freight list fumished to said steamer by the said Eadmann, and also in the sum of $396.22, for address commission and freight brokerage on the said cargo. Upon this statement the said garnishee submitted himself as to the f qrther disposi- tion of said money to the orders of this court. Thereupon, on motion of the proctors for Dent, it was ordered that the said garnishee pay into the registry of this court the amount of money admitted by his answer to be due f rom the owners of the steamship Blagden to the respondent Eadmann, upon the charter referred to, which order was complied with on the same day. Subsequently, and on the fourteenth day of December, Dent caused to be issued in his action an aliaS: prooeas agaiast Badmanu, upon which, ou the seveuteeutli ��� �