Page:Federal Reporter, 1st Series, Volume 3.djvu/421

 41e FKDEBAIi EEPORTEK. �The principal question of fact contested upon the trial was whether the sum ôf $633, for which a receipt was given by the libellant to the defendant, had, in fact, been paid. The ■whole bill of repairs was $1,412.69. Libellant admits pay- ments on account amounting to $520. The libellant claims that this receipted bill for $633, for repairs to one of the sco-ws, was made ont and delivered, without any money being paid, at the defendant's request, to aid him in making out a claim for damages against a steamboat. The question de- pends mainly on the relative credibility of the libellant and his son, on the one hand, and of the defendant, on the other ; and, without going at large into the evidence, it is sufficient to say that, upon the whole proofs, I entertain no doubt what- ever that no money was paid upon the giving of this receipt. The defence set up in the answer, of a special agreement to do the whole work for $200, is not supported by any proof whatever. The question raised by the answer, as to the proper amount of libellant's bill, must be determined upon a reference. Whether the libellant's answers to the interroga- tories proposed by the defendant are to be deemed evidence in favor of the libellants, it is unnecessary now to determine. �Decree for libellant for such balance, if any, as shall be found due upon a reference. The question of costs reserved till the coming in of the report of the commîssioner. ���Forsyth v. Thb Schoonër George A. Brandreth. (DUtriet Court, 8. B. Keu) York. July 27, 1880.) 1. Collision— BUBDKN of Pboof not Sustained bt Libellaux �In Admiralty. W. R. Beebe, for libellant. L. S. Oove, for claimant. �Choatb, D. J. This is a libel browght by the owner of the Bchooner Justus E. Earle against the sohooner Çreorge A. ����