Frederick Schuchardt and Frederick Gebbard, Libellants and Appellants v. Winthrop Babbidge and Others, Claimants of Half of the Proceeds of the Ship Angelique
| Decision Date | 01 December 1856 |
| Citation | 60 U.S. 239,19 How. 239,15 L.Ed. 625 |
| Parties | FREDERICK SCHUCHARDT AND FREDERICK C. GEBBARD, LIBELLANTS AND APPELLANTS, v. WINTHROP S. BABBIDGE AND OTHERS, CLAIMANTS OF HALF OF THE PROCEEDS OF THE SHIP ANGELIQUE |
| Court | U.S. Supreme Court |
THIS was an appeal from the Circuit Court of the United States for the southern district of New York, sitting in admiralty.
The facts are stated in the opinion of the court.
It was argued by Mr. Cutting upon a brief filed by himself and Mr. Hamilton for the appellants, and Mr. Benedict for the appellees.
The arguments of counsel, with respect to the relative rights of the claimants and libellants to the fund in court, are omitted.
With respect to the jurisdiction of the court, Mr. Cutting's point was this, viz:
Although courts of admiralty in the United States have no power to foreclose a mortgage of a vessel by a sale, or to transfer the possession to the mortgagee, (17 Howard, 399, Bogart v. The Steamboat John Jay,) they may entertain an application by the mortgagee, after a sale, to be paid out of the proceeds of the sale in the registry of the court. (Propeller Monticello, 17 Howard, 152; Admiralty rule, 43.)
Mr. Benedict's point was this:
This is really a suit to foreclose a mortgage, even if it were an original suit against the ship. As a suit against the proceeds, it is in substance a suit in equity, for relief against a regular degree in admiralty. In either case, the District Court had no jurisdiction. (Case of the John Jay, 17 Howard, 399.)
This is an appeal from a decree of the Circuit Court of the United States for the southern district of New York, sitting in admiralty.
Between sixty and seventy libels had been filed in the District Court by material men—men who had furnished supplies; also, by shippers of goods and passengers—against the ship Angelique, of which S. W. Jones was master. These several proceedings were commenced in July and August, 1853, and interlocutory decrees, condemning the vessel, were entered in all of them, and final decrees in some six or seven. One of the parties obtaining a final decree issued execution, and the vessel was sold, and the proceeds brought into court. The vessel sold for $6,900.
In this stage of these proceedings, the present appellants filed their libel against the proceeds of the ship in court, setting, forth, that, being the owners of the vessel, they sold and delivered her to one A. Pellitier, for the sum of $15,000, on the 7th May, 1853; that of this sum a...
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