Rea v. the Eclipse Braithwaite
| Decision Date | 19 May 1890 |
| Citation | 135 U.S. 599,10 S.Ct. 873,34 L.Ed. 269 |
| Parties | REA et al . v. THE ECLIPSE, (BRAITHWAITE, l aimant.) |
| Court | U.S. Supreme Court |
Robinson, Rea & Co., Kay, McKnight & Co., A. W. Cadman & Co., and Joseph McC. Biggert filed their libel in admiralty in the district court of the third judicial district of the territory of Dakota, April 7, 1881, against the steam-boat Eclipse, her tackle, apparel, and furniture, and against all persons intervening for their interest therein, in a cause of possession, civil and maritime, alleging—'first, that they are the majority of the owners of the steam-boat Eclipse, her tackle, apparel, and furniture, and being such owners, on or about the 10th day of March, 1881, appointed one William Braith waite master of said vessel, to navigate and sail her for them, at the wages agreed upon between him and the said owners, and the said William Braithwaite continued to be such master until the 4th day of April, 1881, when the libelants removed him as master and appointed another as master in his place; second, that when the new master so appointed by libelants went on board said vessel, by their orders, to enter upon his duties as such master, the said William Braithwaite refused to give up the possession of the papers of said vessel to the said master or to the libelants, who have demanded the same, to the great damage of the libelants.' Process was prayed against the vessel and Braithwaite, and was issued accordingly, returnable on the first Tuesday of June then next. On the 15th of April, 1881, Braithwaite intervened as a claimant of the boat as 'trustee, one of the owners, and master,' averring that he was 'managing owner and master of said steamer, and is entitled to the possession and command thereof, and that no other person is entitled to the possession or command thereof.' The libel was amended by stating that Braithwaite filed an answer and exception on the 6th of May. On the 4th of June the marshal returned that he had attached the boat under the process on the day it was issued, and that on the same day one Joseph Leighton put in a claim to the boat, and with the consent of the libelants, and upon Leighton's executing a stipulation of the value of $12,000, that being the amount agreed upon between him and libelants, he had delivered the boat to Leighton. On the 25th of May, 1881, Leighton and Jordan filed their claim in intervention as purchasers under a bill of sale, bearing date March 31, 1881, and prayed for a decree directing Braithwaite to execute a bill of sale of the Eclipse, and to deliver it and the papers of the steam-boat to them, and on his refusal that all his interest in the boat be transferred to them, and for costs, and such other relief as a court of admiralty is competent to give.
The cause was heard upon the pleadings and proofs, and the district court made its findings of fact and conclusion of law as follows: 'First. That the steamer Eclipse, at the time of the commencement of this action, was within the third judicial district of Dakota territory. Second. That on February 4, 1880, the claimant, William Braithwaite, and libelants, with the exception of Joseph McC. Biggert, made and entered into an agreement in writing as set forth in the fourth allegation in claimant's answer. Third. That subsequent to the execution of that agreement by the claimant a further clause was added, substituting the name of Joseph McC. Biggert for that of John D. Biggert, which was signed by all parties to the agreement except the claimant. Fourth. That subsequent to the executin of the agreement the parties paid in eight thousand and fifty dollars, and no more, in amounts as follows:
Capt. W. Braithwaite............... $2,500 00
John D. Biggert..................... 2,500 00
Robinson, Rea & Co.................. 2,500 00
Cadman & Co........................... 100 00
Kay, McKnight & Co.................... 450 00
—Fifth. That in pursuance of that agreement the claimant went from Pittsburgh, Pa., to Bismarck, D. T., in February, 1880, to be present when the said steamer Eclipse should be offered for sale by the United States marshal; and on the 18th day of February, 1880, the United States marshal sold said steamer at public auction at the port of Bismarck, and claimant bid her in, under and in pursuance of the agreement between him and libelants, for the sum of eight thousand five hundred and twenty-five dollars. Sixth. That claimant used in purchasing said steamer all of the money paid in by the parties to said agreement, viz., eight thousand and fifty dollars, and raised the balance of the purchase price, viz., four hundred and seventy-five dollars, on the credit of the said steamer, which was afterwards paid out of her earnings. Seventh. That the claimant, Wm. Braithwaite, and John D. Biggert, negotiated the purchase, and the marshal made the bill of sale to the claimant and John D. Biggert as trustees. Eighth. That the claimant, William Braithwaite, took possession of said steamer Eclipse as master, under and in pursuance of the said written agreement between him and libelants, and so continued in possession as master under said written agreement until he was removed by the United States marshal by virtue of the writ issued in this case. Ninth. That, immediately after the United States marshal took possession of the said steamer, he removed the claimant, and delivered the possession of the same to intervenors, without any order to do so from this court. Tenth. That said steamer was run by claimant during the navigation season of 1880 under said written agreement, and earned eight thousand dollars, which went in to the hands of the financial agent under said agreement; and the same has not been apportioned or distributed. Eleventh. That on February 2, 1881, libelants and claimant signed 'Exhibit A' of the intervention and petition of Joseph Leighton and Walter B. Jordan. At that time, said steamer was lying in the Missouri river, a little below Ft. Benton. Twelfth. That the committee named in said exhibit made a conditional agreement with Charles Batchelor, agent for Joseph Leighton, to sell said steamer for eleven thousand five hundred dollars, if she should not be damaged to exceed five hundred dollars.
Thirteenth steamer by libelants, transferring her to intervenors, but was not delivered, and the intervenors had not paid any money thereon, and the claimant never signed said bill of sale, but refused to sign the same, and notified intervenors and the committee that his interest in said steamer was not for sale, before any part of the purchase money had been paid by the intervenors, amounting to $2,500, before the commencement of this action,—was paid after they were notified that the claimant would not sell his interest in said steamer. Fourteenth. That the intervenors are not the sole owners of the said steamer, but the claimant, William Braithwaite, was at the time of the commencement of this action the owner of one-half interest therein, and part owner under and by virtue of the written agreement made with libelants. Fifteenth. That, at the time of the commencement of this action, libelants were not the owners of a majority interest in said steamer. Sixteenth. That there was due to the claimant under the written agreement with the libelants the sum of eight hundred dollars, for wages, at the time of the commencement of this action, and that no money whatever has been paid or tendered to him by any of the parties to this action. As a conclusion of law, I find 1 ) that the claimant, Wm. Braithwaite, is entitled to the possession of the steamer Eclipse.'
The agreement referred to in the second finding is as follows: 'Articles of agreement made and concluded the 4th day of February, in the year of our Lord eighteen hundred and eighty, between W. Braithwaite and John D. Biggert, parties of the first part, and Robinson, Rea & Co., Kay, McKnight & Co., and Cadman & Co., of the city of Pittsburgh, county of Allegheny, state of Pennsylvania, parties of the second part, witnesseth, that, whereas the steam-boat Eclipse is now hopelessly involved in debt, and the said parties...
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