Thomas Crowell, Garnishee of the Chesapeake and Delaware Canal Company v. John Randell, Jun Richard Shoemaker, Garnishee of the Chesapeake and Delaware Canal Company v. John Randell, Jun
Decision Date | 01 January 1836 |
Citation | 35 U.S. 368,10 Pet. 368,9 L.Ed. 458 |
Parties | THOMAS P. CROWELL, GARNISHEE OF THE CHESAPEAKE AND DELAWARE CANAL COMPANY v. JOHN RANDELL, JUN. RICHARD SHOEMAKER, GARNISHEE OF THE CHESAPEAKE AND DELAWARE CANAL COMPANY v. JOHN RANDELL, JUN |
Court | U.S. Supreme Court |
IN error to the superior court of the state of Delaware.
In 1829, John Randell, Junior, the defendant in error, instituted an action of covenant against the Chesapeake and Delaware Canal Company, in the superior court of the state of Delaware, on certain articles of agreement entered into between him and the defendants, relative to the making of a canal to unite the waters of the river Delaware with those of the Chesapeake Bay, and to pass through the states of Delaware and Maryland. The Chesapeake and Delaware Canal Company were incorporated by laws passed by the states of Pennsylvania, Delaware and Maryland; and the board of directors of the company was established in the city of Philadelphia.
The declaration alleged sundry breaches of covenant on the part of the defendants, and after various pleadings and demurrers, and issues of fact, judgment was rendered for the plaintiff on some of the demurrers, and an inquisition of damages awarded. The parties went to trial on some of the issues of fact, which were found for the plaintiff; and on the 25th day of January 1834, the jury found a verdict for the plaintiff for 229,535 dollars 79 cents, upon which a judgment was entered by the court.
Upon this judgment, the plaintiff, on the 6th of June 1834, issued a writ of attachment, under the laws of the state of Delaware, for the collection of part of the amount of the same, and of the costs; which was served on Thomas P. Crowell as the garnishee of the Chesapeake and Delaware Canal Company. The same proceedings took place in the case of Richard Shoemaker.
The defendants repectively appeared, and pleaded that they had no goods or effects, rights or credits of the company in their hands at the time of the attachments, or at any time after. The cases came on for trial on these pleas and issues, according to the laws of Delaware; and the parties agreed to a statement of facts.
In the suit against Thomas P. Crowell, the agreed facts were as follows:
'On the 28th day of January, A. D. 1834, a resolution was passed by the board of directors of the Chesapeake and Delaware Canal Company, in the following words, that is to say:
'Resolved, That hereafter no tolls be collected on the line of the canal on any vessel, cargo or other article passing through the canal, until the said vessel, cargo or other article on which the said tolls may be levied or charged, shall have entered the basin at the western end of the canal; excepting only such vessels, cargo or other article as may not pass through the canal to the said basin.'- 'This resolution has never been printed by the said company, nor hath any notice whatever thereof been given to the said John Randell, Jun., until this time. It is admitted that the said resolution was adopted for the purpose of preventing the said John Randell, Jun., from attaching the tolls of the said company by virtue of the said judgment; or otherwise availing himself of the jurisdiction of the courts of the state of Delaware, for the collection of his said judgment.
'The printed paper hereunto annexed, marked with the letter A is a true copy of the regulations to be observed by vessels navigating the Chesapeake and Delaware canal, adopted by the board of directors of the said company, with the rates of toll for navigating the said canal, the same having been signed by the president and secretary of the said company, and published by order of the president and directors thereof; and it is agreed shall be taken as a part of the case: except so far as they had been altered by the resolution of the 28th of January above set forth.'
[The material regulations in the paper A, established the 4th of February 1833, were the follwing:
1. No vessel shall enter the canal without first coming to anchor, or making fast to the piers at least one hundred feet from the outer locks.
2. Masters of vessels shall, before entering the first lock, present to the collector a manifest of cargo, so arranged as to enable him readily to calculate their tolls. And in order to guard against frauds, the collectors are authorized to require the cargo to be landed for examination, if they shall see cause to suspect the correctness of the manifest.
5. The tolls shall always be paid at the first lock passed by a vessel; and upon payment thereof, the master shall receive a pass bill, on which shall be noted the amount of tolls paid, and the precise time of entering.
7. If any vessel shall pass through the canal without fully and honestly paying the prescribed tolls, either of the collectors is authorized by law 'to seize such vessel, wherever found, and sell the same at auction for ready money; which, so far as is necessary, shall be applied towards paying said tolls, and all expenses of seizure and sale.' And to enforce the penalties.
21. The officers and agents of the company are fully authorized by law to enforce obedience to the foregoing regulations; and they are required so to do.
22. No person is allowed to interfere with the agents or officers of the company in the performance of their duties on the canal. Should reasonable ground of complaint occur against such officers or agents, either by unnecessary delays or improper conduct, it will be immediately redressed, on information being lodged at either of the offices of the company.]
'The amount of tolls on the several cargoes of the said sloop, demanded for passage through the said canal, by the Chesapeake and Delaware Canal Company, at their lock, at the western end of the canal, in the state of Maryland, and there paid by the said Thomas P. Crowell, master of the said sloop, between the said 18th of June and the return day of...
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