George Bondies, Late Master and Part Owner of the Steamboat Kate, Intervening Appellant v. James Sherwood, Joseph Clelland, and Barney Ginnis, Libellants

• Decision Date: 01 December 1859
• Citation: 22 How. 214,63 U.S. 214,16 L.Ed. 238
• Parties: GEORGE BONDIES, LATE MASTER AND PART OWNER OF THE STEAMBOAT KATE, INTERVENING, &C., APPELLANT, v. JAMES P. SHERWOOD, JOSEPH McCLELLAND, AND BARNEY McGINNIS, LIBELLANTS
• Court: U.S. Supreme Court

63 U.S. 214

22 How. 214

16 L.Ed. 238

GEORGE BONDIES, LATE MASTER AND PART OWNER OF THE

STEAMBOAT KATE, INTERVENING, &C., APPELLANT,

v. JAMES P. SHERWOOD, JOSEPH McCLELLAND, AND BARNEY

McGINNIS, LIBELLANTS.

December Term, 1859

THIS was an appeal from the District Court of the United States for the eastern district of Texas, sitting in admiralty.

The facts of the case are stated in the opinion of the court.

The District Court decreed that the libellants (Sherwood, McClelland, and McGinnis) should recover the sum of fifty per cent. salvage upon $5,150, which sum was adjudged to the libellants against said steamboat Kate, and against George Bondies, the owner thereof; the money to be raised by a sale of the steamboat, and, in case of a deficiency, execution was to issue against Bondies, to be levied and collected on the estate, real and personal, credits and effects, of the said Bondies, wherever the same may be found.

From this decree Bondies appealed to this court.

It was submitted upon a printed brief by Mr. Hale and Mr. Sherwood for the appellants, no counsel appearing for the appellees.

The counsel for the appellants, as the principal point in the case, contended that the libellants could not set up that the contract had been mutually abandoned, and their claim to be aggrieved by the refusal of Bondies to comply with its terms. They must rest upon their allegation of a rescission of the contract, of which there is no proof whatever.

Mr. Justice GRIER delivered the opinion of the court.

The appellees, describing themselves as ship carpenters, residing in Galveston, filed their libel in the district court of Texas against the steamboat Kate, and against Bondies, late master and owner, in a 'cause of salvage, civil and maritime.'

They charge that the steamboat left the port of Galveston, for ports and places on the Trinity river, in said district of Texas, laden with merchandise. That the boat was snagged and sunk in the river near Morse's bluff, in Liberty county.

That on the 24th of April, 1856, the libellants entered into an article of agreement, under seal, with Bondies, who had become sole owner of both cargo and vessel, to raise the vessel.

In this agreement, the libellants covenant to proceed with the necessary boats, apparatus, &c., and to raise the steamboat at their own cost in fourteen days after their arrival at the place where it lay, provided they were not hindered by high water; when raised, the boat to be taken to Galveston. Bondies covenants to convey the boat to them, on their payment to him of four thousand dollars, and also to subrogate them to all his claims against the cargo. But,...