Page:Federal Reporter, 1st Series, Volume 9.djvu/857

 842 FEDERAL REPORTER. �ance company ; and it may, theref ore, be perhapS inferred that this suit, in so far as it respects the interests of the insurauce company, is proaecuted with their concurrence and by their authority. In the case of Fretz v. Bull that fact appeared in the proofs. The libel does net in this case directly state any request or authority from the company for prosecuting this suit in their behalf or for their use. Such an authority should appear in the proofs to entitle to a recovery upon this part of the claim, as otherwise the insurance company would not be bound by the proeeedings or by the judgment rendered. No exception, however, was taken on this ground. The exception is to the general want of power in the libellant to sue in this manner, and that exception, upon the authorities above cited, must be over- ruled. �The nature of the alleged cause of action suffieiently appears by the allegations in the libel. The third and fourth exceptions are that the libel does not set forth with suffieient certainty the agree- ment of shipment or the consideration for it, and neither the terms nor a copy of the bill of lading; and it is claimed that the description of the goods is not sufi&cient to enable the Ancboria to identify them. The libel refers to bills of lading, but it does not give either their dates or the description of the goods as stated in the bills of lading. These should be supplied, together with the names of the consignees. The claimants are also entitled to a statement of what godds were "wholly lost, " and what were only damaged; and also of the material parts of the contract of the poliey of insurance upon which any rightc of the parties may depend, including the time and place of the insur- ance, the persons insured, and their interest in the goods, as claimed by the fifth and sixth exceptions. �To this extent the exceptions are sustained; otherwise, overruled. ���The Isaao Bell. {District Court, 8. JD. New York. December 22, 1881.) �1. CoiiMsioK— Anchor Ligiit — RivBR Navigation. �Vessels at anohor at night in the vicinity of the navigable part of a river are bound to maintain an anchor light. �The schooner G. S. R. anchored at sun-down in the -laracs river, near the White Bhoal ligit. The river is there about four miles wide. The White Shoal is in the middle of the river. The usual channei, with froni 26to 16feet of wa- ter, is about half a mile in breadth along the southtTly side of the shoal., The place of anchorage was claimed to be ontside of the channel, in about 15 feel of water only ; but the varions estimates of distance from the light and com- ��� �