Page:Federal Reporter, 1st Series, Volume 7.djvu/295

 CTRAY V. NATIONAL. STEAM-3HJP Ca 288 �«quities therein subsisting, and, in particolar, to the discharge of the several liabilities appearing in the books, papers, and documents of the Navigation Company, and to all other liabilities of the last-named Com- pany to which said property was then subject, and would pay in due course the several liabilities disclosed in said books, papers, and docu- ments aforesaid, and all other debts, if any, of the Navigation Company, and would apply the property so to be made over to them for that purpose. �The report then proceeds : �" The general term was of opinion that as the Hability to the plaintifE's assigner for an injury which occured to her intestate on the twenty-f ourth of October, 1867, could not appear in the books, papers, and documents of the National Steam Navigation Company on the 16th of Augustpreccding, nor be then a debt or liability of that company which was or could be assumed by the present defendant, and as, when the injury occurred, th* National Steam-ship Company was the ownerof the steam-ship Pennsyl. vania, engaged in its navigation, and the alleged wrongful act and negli- gence were its own, and not thoso of the corporation which was sued, neither on sound law nor logic could it be held that, by the agrcement made on the transfer of the property, defendant bound itself to pay its liabilities that might thereaf ter spring out of the wrongful acts and negli- gence of its own servants, nor did the agreement contemplate or provide for liabilities of that kind which might be asserted by actions iraproperly brought against the company, which had ceased to do business, and was existing only in the prooess of winding up its affairs, and that therefore the complaint was properly dismissed, and that the judgment should be afflrmed, with costs." �The bill of exceptions in the case shows that the said agreo- ment of August 16, 1867, was put in evidence. On the fifth of May, 18Y6, an order was made by the supreme court of New York, in the suit of Miller v. Steam-ship Co., which or- der, on the consent of the respective parties, discontinued the action without costs to either party. On the seventh of January, 1874, Miller assigned to Henry Morrison his inter- est in the suit he had brought and in the said judgment. On the sixteenth of February, 1877, Morrison assigned the judg- ment to the plaintiff in this suit. �In November, 1867, the plaintiff in this suit filed a libel in admiralty, ire. rem, against the steam-ship Pennsylvania, in the district court of the United States for the southern dis- trict of New York, alleging — �That her intestate and a certain corporation were the owners of a canal- boat, which, on the twenty-fourth of October, 1867, was struck and sunb ��� �