Page:Federal Reporter, 1st Series, Volume 7.djvu/255

 8IMPB0N V. 110 STICKS OF HEWN TIMBEE. 243 �exorbitant, but the diffibulty is that no testimony bas been produced to support such a contention. AU the testimony upon the subject is to the effeet that the charges are not exorbitant, and I have been unable to see wby I should be asked to eut down these charges when the only witness called upon the subject proves them correct. �Accordingly, my conclusion is that the libellants Johnson & Higgins are entitled to a decree against the Phœnix Insur- ance Company for the proportionate share of the expenses stated in the adjustment attaching to the goods received by the Phœnix Insurance Company, as those expenses are ap- portioned by the adjustment, deducting of course the salvage and the commissions paid for collecting and paying the same. If any other directions are required to conform to this opin- ion, they may be called to my attention on the settlement of the decree, at which time the amount to be inserted in the decree can,xio doubt, be ascertained by agreement of the par- ties, without the expenses of a reference. ���SlUPSON, Jb., V. Ol7B HCNDBED IND TbN StICKS 07 KsWlt �TiMBKB. �(Dittriet Court, E. D. New Tork. April 25, 1881.) �1. Prbight— TbNdbb of Cargo — Prkkatdbe Action— Costs — JnsTi- �FICATIOK OP SOBKTIBS — SbARCHINO TiTUES. �In an action against cargo to recover f reight, where the libel was flled before all the cargo had been landed, and the evidence showed that thefe -was no ability to pay the f reight and demarrage, and in fact no intention to pay the same on the part of the charterer : �ITeld, that the action was not prematurely brought, and the ship •was entitled to a decree for the freight. �The case of 1,265 Vitrifled Pipe», 14 Blatchf. 274, distlnguished. �Upon taxation of costs, disbursements made by the libellant for searching titles of suretiep offered on a stipulation, expenses of real estate brokers called in to appr»ise property, and notary's fees in taking depositions of sureties, allbwed as proper items of a bill of costs, but not telegrams and postage to secure at tendance of attor- ��� �