The Augustine Kobbe

• Decision Date: 24 June 1889
• Citation: The Augustine Kobbe, 39 F. 559 (S.D. Ala. 1889)
• Parties: THE AUGUSTINE KOBBE. v. THE AUGUSTINE KOBBE. REVERE COPPER CO. et al.
• Court: U.S. District Court — Southern District of Alabama

39 F. 559

THE AUGUSTINE KOBBE.

REVERE COPPER CO. et al. v. THE AUGUSTINE KOBBE.

United States Circuit Court, S.D. Alabama.

June 24, 1889

The Kobbe, after a voyage from Portland, Me., to South America and return to Providence, R.I., was repaired at Jersey City for another South American voyage, and started for Pensacola to receive her outward cargo, calling at Mobile to deliver a Mobile cargo taken on at New York.While there, the master abandoned his proposed voyage to South America for one on more advantageous terms to Great Britain, for the firm of Martin, Taylor & Co., of Mobile, whereupon sundry creditors seized the vessel, had her sold under order of the district court, and established their claims by suit in that court.The opinion of TOULMIN, district judge, in the court below as well as a full statement of the facts, will be found reported in the two cases of The Kobbe, 37 F. 696, 702.The only new facts elicited in the circuit court were that the copper purchased for the vessel from the Revere Company was delivered to the ship's agent in New York, and was there punched for her use before being sent over to Jersey City to be put on her; and that the New Jersey carpenters, Gokey &amp Son, knew nothing of the ownership of the vessel except that a maritime register gave her as owned in New England that the name painted on the stern marked her as of Searsport, Me.; and that Alfred Conover, the master, who contracted for the repairs and whose wife now claims to own the vessel, and to reside in New Jersey, had at one time lived in Philadelphia.The appeal was argued for two days before Mr. Circuit Justice LAMAR and Mr. Circuit Judge PARDEE.The opinion here reported was filed by the court rather as an explanation of the decree rendered than as an exhaustive opinion.Under the facts, the court did not find it necessary to pass on the relative rank of statutory and maritime lines.Part of the money allowed Edwards and Martin, Taylor & Co. was, in fact, advanced by them to pay off stevedores, who are given a lien by the Alabama statute, and the decree ranks these claims as equal to maritime claims, although the opinion is silent on the point.The decree rendered was in these words:

'This cause came on to be heard on the appeal of the Revere Copper Company, William Gokey & Son, John S. Adamson, and J. R. Edwards, libelants and petitioners in the case, and was argued, whereupon, and it appearing that in the district court the said bark Augustine Kobbe was sold by the order of court, and the proceeds thereof, $6,350, paid into court, of which sum has been paid and distributed in the court below the costs of the sale, and the costs of the district court, the seamen's wages, and bills for pilotage and towage, amounting to some $1,746.40, which leaves in the registry of this court, to be distributed, under the decree to be herein rendered, among the several libelants having liens, the sum of $4,603.60, it is ordered, adjudged, and decreed that the following named claims and liens, incurred in the port of Mobile, and on the last voyage of the said Augustine Kobbe, to-wit, from the port of Providence, R.I., via New York, to the port of Mobile, be paid pro rata out of said fund, after all the costs of this court shall be taxed by the clerk, and paid, to wit: to Martin,

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