Page:Federal Reporter, 1st Series, Volume 1.djvu/896

 888 raDEEAIi EEPOETEE. �ancy between the amount paid into the regîstry and the amounts stated in Patterson's answer, which I suppose is accounted for by a deduction of the brokerage on sale of the captain's draft, and a further deduction of $10. But as this small difference bas not been alluded to by counsel, I do not notice it. �From the foregoing statement it is apparent that at the time Of the service of the attachment upon Patterson the only debt due Eadmann, attachable in the hands of Patterson or the owners of the Blagden, was the indebteduesa of the owners of the Blagden for address commission and freight brokerage. This sum, according to the eyideuce, became due Eadmann in New York, at the completion of the loadiag of the steamer, and it was therefore a debt attachable, as a credit of Eadmann with the owners of the steamer, at the time of the service of the attachment upon Patterson. But there was then no attachable credit arising out of the differ-. ence between the charter money and the freight list of the steamer, beoause the amount of that difference was due only in the event of the delivery of the cargo in Hamburg. Any liability for that difference in freight was dependent upon the performance of the voyage, and the collection of the freight according to the bills of lading. To an action in asaumpsit by Eadmann against Patterson, at the time the attachment was served, the perfect answer would be, that the excess of freight had not been coUected, and might never be. There being no cause of action by Eadmann against the owners of the Bladgen for this difference of freight, there was no such debt attachable in their hands. Such is the established law. Drake on Attachments, § 641 ; Keyea v. Milwaukee a St. Paul R. Co. 25 Wis.. �But it is said Patterson, in bis answer as garnishee, had admitted an indebtedness for this difference of freiglit. If the proceeding on the part of Dent was against Patterson personally, to recover the amount of bis liability to Dent by reason of the attachment served upon him, there might • be force ia the suggestion that Patterson would be estopped ftdïUdeÀymg the existence of snch a debt. But here, upon ��� �