The Wyandotte

Decision Date01 May 1906
Docket Number613.
Citation145 F. 321
PartiesTHE WYANDOTTE.
CourtU.S. Court of Appeals — Fourth Circuit

J Parker Kirlin (Floyd Hughes and Convers & Kirlin, on the briefs), for appellants.

H. H Little (Hughes & Little, on the briefs), for appellees.

Before PRITCHARD, Circuit Judge, and PURNELL and KELLER, District judges.

PURNELL District Judge.

Appellants in their appeal make only three assignments of error, as follows '(1) The court erred in holding that the libelants were entitled to recover in the proceedings in rem against the said steamship for any part of the demand set up in the libel.

'(2) The court erred in holding that the libelants were entitled to recover against the steamship in the sum of sixteen hundred and fourteen dollars and fifty-two cents ($1,614.52) with costs, and in holding that said sum, or any part thereof, should have been recovered against the steamship in a proceeding in rem.

'(3) The court erred in not dismissing the libel, with costs.'

The libel alleged that in November, 1901, the firm of Baccich & Clement were engaged in the ship brokerage business at New Orleans. During the month the steamship Wyandotte was in the harbor of New Orleans, and was as to them a foreign vessel. The vessel was in need of money to pay her necessary disbursements, and to furnish her with provisions and necessary supplies for the prosecution of her intended voyage, and at the request of the owners of the steamship or her agents, Baccich & Clement furnished certain sums of money to the steamship for the purposes aforesaid, a schedule of which was attached to the libel.

The original schedule is as follows:

New Orleans, November 13th, 1901. S. S. Wyandotte and Owners, for Hull, England. In Account with Baccich & Clement. Disbursements. Consul's fees, 1.25 2.65 .............................................. $ 3 90 Towage W.G. Wilmot & Co.................................................. 50 00 Shipwright's acct. J.O.B. Ross ......................................... 507 29 Capt. Laurie ............................................................ 10 00 Ship Chandlery, Woodward, Wright & Co., Ltd .............................. 6 10 Medical attendance Dr. D. A. Ledbetter .................................. 20 00 Machinists acct. Schwartz Foundry ....................................... 17 00 Attendance > 10--10@4.87 ............................... 51 13 Surveyor's certificates 5.00, 20.00 ..................................... 25 00 Crew notice, Times, Democrat ............................................. 3 00 Butcher, Mrs. R. Cobden, 56.60, Northern 99.75 ......................... 156 35 Cash advanced Captain 100, 25 .......................................... 125 00 Standard Oil Co.......................................................... 15 53 Lambon & Noel ............................................................ 3 25 Postage and petties ..................................................... 25 00 2 1/2% commissions on disbursements ..................................... 40 75 2 1/2 % commissions as per charter 5,700 tons @ 12s/6d., > 3562--10= > 89 1/3 @ 4.87 ..... 435 82 Cables, ours, 17.50, Ocean 3.30, Maritime 6.25 .......................... 26 85 1 1/4 % ins. on diff. in freight > 1235= > 13--3--8, @ 4.87 ................................... 75 15 --------- $1,614 52 E.J. Richards, Master.

The libel alleged that the charges shown in the schedule were just and reasonable, that the advances and charges were necessary and proper, and were furnished on the credit of the vessel as well as of her owners, and that they constitute a lien on the vessel by the general maritime law.

It was further averred that, in order to pay for these advances and disbursements, the master of the steamship executed his draft or bill of exchange in duplicate, dated New Orleans, November 15, 1901, whereby he promised to pay to the order of himself, five days after the arrival of the vessel at the port of Hull, England, the sum of 336.7.2 pounds in approved banker's demand bills on London, for value received, for necessary disbursements owed by the vessel at the port of New Orleans, 'and for the payment of which he pledged the vessel and freight.'

The original draft is in the following form:

Disbursements.

336.7/2 pounds stg.

New Orleans, November 15, 1901.

Five days after arrival (or upon the collection of the freight, if sooner made,) of the British S/S 'Wyandotte' under my command at the Port of Hull, England, or any other place at which her voyage may terminate I promise to pay to the order of myself the sum of three hundred and thirty-six pounds 7/2 British Sterling in approved Bankers demand bills on London for value received for necessary disbursements owed by my vessel at this port for the payment of which I hereby pledge my vessel and her freight and I hereby assign to the legal holder of this obligation all my lien and claim against freight vessel and owners with power to take in my name any and all steps necessary to enforce the same; and my consignees at Port of discharge are hereby instructed to pay this obligation; and deduct the amount thereof from the freight due said vessel; in case of non-payment the holder shall also be entitled to the benefit of all liens in law, equity or admiralty which the master or owners of the vessel may be entitled to against any part of the cargo or its owners for freight compress or other charges on cargo paid by the vessel or master at the port of loading.

This claim to have priority of payment over all others that may be presented against the said freight and vessel.

My vessel is now lying at the port of New Orleans loaded with grain and ready to sail for Hull, England.

Signed in duplicate one being accomplished the other to stand void.

The indorsements are:

Pay to the order of Peter Wright & Sons,

E. J. Richards, Master S/S Wyandotte.

Pay to the order of Henry Schroder & Co.

Per pro Peter Wright & Sons, W. Wright.

(Stamps.)

The answer admitted that the vessel was in New Orleans in November, 1901, and that the master signed a draft in the form set forth; but it denied the other averments of the libel.

The district judge, sitting in admiralty, found the facts to be as stated in the libel; that the ship was owned by the British Maritime Trust, the claimant thereof, and by their representative at New York, on the 24th of September, 1901 was chartered to one W. W. Wilson, as agent for an undisclosed principal, under which she was to proceed to Port Eads for a cargo of wheat or maize, and upon arriving at said port to be loaded at Galveston or New Orleans, as directed by the charterers. The ship proceeded to Port Eads, reaching there on the 10th day of October, 1902, and immediately by telegram advised the charterer of her arrival, and that she was awaiting orders. No orders were given until the 9th day of November, 1902, when the ship was ordered to New Orleans, to which port she at once proceeded, and reported to Baccich & Clement, the charterer's agents, and to whom she was consigned. The loading was concluded on the 15th of November, and she on that day sailed from New Orleans to the port of Hull, England, where the cargo was discharged. Respondent insists that the lay days expired on the 10th...

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6 cases
  • Rhederei Actien Gesellschaft Oceana v. Clutha Shipping Co.
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • 2 Julio 1915
    ... ... be sustained. These decisions have all been considered. Some ... of them are to the effect that admiralty has jurisdiction to ... enforce a contract by which a lien has been given upon ... freight to secure necessary disbursements for the ship. Some, ... notably, The Wyandotte, 145 F. 321, 75 C.C.A. 117, decided by ... the Circuit Court of Appeals for this circuit, say that a ... bottomry bond may be enforced in toto, although some of the ... disbursements to secure which it was given were nonmaritime ... Many affirm that admiralty may give redress for the breach of ... ...
  • THE RICHMOND
    • United States
    • U.S. District Court — District of Delaware
    • 17 Noviembre 1924
    ... ... This item was approved by the master. This item will be allowed as against the vessel upon the authority of the Wyandotte, 145 F. 321, 75 C. C. A. 117; The Ascutney (D. C.) 278 F. 991 (reversed upon other grounds C. C. A. 289 F. 802); and The Egeria (C. C. A.) 294 F. 791. The third and remaining item is a charge of $12.23 paid for telephone messages sent by Burbage in the performance of his services for the vessel. I ... ...
  • Monsen v. Amsinck
    • United States
    • U.S. District Court — Southern District of New York
    • 19 Diciembre 1908
    ... ... obligation, from the first amount of freight received, for ... account of my said vessel.' ... Such a ... draft was equivalent to a bottomry bond, under the American ... authorities. The Pride of the Ocean (D.C.) 3 F. 162; The ... James L. Pendergast (D.C.) 30 F. 717; The Wyandotte, 145 F ... 321, 75 C.C.A. 117; The Dora (D.C.) 34 F. 343. A loan on ... bottomry, under the American decisions, is not liable to ... contribute in general average, but the general rule is that ... the law of the place of destination, or where the ship and ... cargo finally separate, ... ...
  • The Blakeley
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 5 Enero 1923
    ... ... the errors of the trial court brought up for review and ... correction. When it lacks the requisite specification it is, ... in legal effect, not an assignment of error at all and the ... court will not consider it. Cook v. Smith, 187 F ... 538, 543, 109 C.C.A. 304; The Wyandotte, 145 F. 321, 75 ... C.C.A. 117; The Natchez, 78 F. 183, 24 C.C.A. 49; 2 R.C.L ... 159, 160; 3 C.J. 1347, 1348, 1357, 1358, 1359. True, this ... court like other courts may, either by suspending its rules, ... United States v. Breitling, 61 U.S. (20 How.) 252, ... 254, 15 L.Ed. 900, or in ... ...
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