Joseph Montgomery Et Al Claimants of the Steamer Republic Appellants v. John Anderson Et Al

• Decision Date: 01 December 1858
• Citation: 21 How. 386,62 U.S. 386,16 L.Ed. 160
• Parties: JOSEPH E. MONTGOMERY ET AL., CLAIMANTS OF THE STEAMER REPUBLIC, &C., APPELLANTS, v. JOHN J. ANDERSON ET AL
• Court: U.S. Supreme Court

62 U.S. 386

21 How. 386

16 L.Ed. 160

JOSEPH E. MONTGOMERY ET AL., CLAIMANTS OF THE

STEAMER REPUBLIC, &C., APPELLANTS,

v. JOHN J. ANDERSON ET AL.

December Term, 1858

THIS was an appeal from the Circuit Court of the United States, sitting in admiralty, for the district of Missouri.

The case is stated in the opinion of the court.

It was argued by Mr. Polk for the appellants, and Mr. Rankin for the appellees.

Mr. Chief Justice TANEY delivered the opinion of the court.

The appellees in this case filed a petition in the District Court of the United States for the eastern district of Missouri, stating that they had, by the laws of Missouri, a lien on the steamboat Republic for $2,000, which they had loaned to the clerk of the boat to purchase supplies and necessaries, in order to enable her to proceed on a voyage from St. Louis to New Orleans; that the vessel, at the time the petition was filed, was under seizure in the district, in a case of admiralty and maritime jurisdiction, and had been ordered by the court to be sold; and the petitioners prayed that they might be permitted to intervene for their interest, and paid out of the proceeds when the steamboat was sold.

The appellants answered, stating that they were owners of seven-eights of the vessel, and denying that the money was needed or used for supplies; and insisting that the boat is not liale for it, and that it is not a lien by the laws of Missouri.

The petition was filed on the 3d of June, 1857, and the vessel, it appears, was sold by the marshal, upon the seizure mentioned in the petition, and the sale reported and the proceeds paid into the registry of the court on the 23d of the same month. The proceeds amounted to $26,250. Further proceedings were had on the petition of the appellees, and testimony taken; and on the 7th of September, in the same year, the District Court decreed that the sum claimed by the petitioner was due, with interest and costs, and a lien on the Republic, and referred the matter to the commissioner of the court to compute and report the amount due.

The commissioner accordingly made his report, stating the amount due, for principal and interest on the sum loaned, to be $2,034. This report was confirmed by the court; and thereupon the court passed a decree, adjudging that there was due from the fund then in court, to the petitioners, the sum of $2,034, and to bear interest from that day; but that, inasmuch as some of the causes against the Republic had not then been determined, and the fund in court might not be sufficient to satisfy all of the claims that might be established against the vessel, no order for the payment of the money would be made by the court until it should be further advised in the premises.

The present appellants thereupon prayed an appeal to the Circuit Court for the district of Missouri, which was granted; and further proceedings took place in the Circuit Court, and further testimony was taken. And, at the October term, 1857, the decree of the District Court was...