The Dredge No. 1
| Decision Date | 25 April 1905 |
| Citation | 137 F. 110 |
| Parties | THE DREDGE NO. 1. |
| Court | U.S. District Court — Southern District of New York |
Alexander & Ash, for petitioners Bleakley and the Rodermonds.
James A. Deering, for petitioner Benjamin L. odell.
These are motions for orders of distribution of the proceeds of the sale of Reed Brothers' Dredge No. 1 on the part of Clarence L. Bleakley, Charles B. Rodermond and Clarence T Rodermond, and Benjamin L. Odell, the various claimants of the fund, amounting to $451.99, now in the registry of the court. The claims are $455, $329.88 and $309.53, aggregating terminated is, what dispostion shall be made of the fund in view of the deficiency?
The claim of Bleakley arose out of an assignment of a claim on the part of Merritt & Chapman Derrick & Wrecking Company for salvage services rendered to the dredge. The commissioner describes the transaction as follows:
'I find that on the 21st day of June, 1904, a libel was filed in this court against the Dredge No. 1 by the Merritt & Chapman Derrick & Wrecking Company on a claim of $550 for salvage; that thereafter and on the 21st day of November 1904, said dredge was attached by the Marshal of this District under and by virtue of a monition issued in accordance with the prayer of said libel; that at said time Ferdinand C. Reed and Edward B. Reed were the owners of said dredge and that Edward B. Reed and the representatives of his brother who has since died, continued to be the owners thereof until the attachment and sale herein; that on November 26th, 1904, the said Reed Brothers applied to petitioner for an advance of $455 to be used in paying off said salvage claim and securing a release of the dredge from the custody of the Marshal, and agreed that if petitioner would advance the same, he would have an assignment of said lien and a lien upon the dredge as security for the money so advanced; that petitioner thereupon advanced the Reed Brothers the sum of $55 and that the same was used to pay the Merritt & Chapman Derrick & Wrecking Company and the expense of attachment, and the dredge was thereupon released from custody; that no part of said $455 has been paid; that an inspection of the records of this court shows that there is now in the Registry thereof the sum of $451.91, the balance of the proceeds of the sale of said dredge.'
The claim of the Rodermonds is described by the commissioner as follows:
'I find that the...
To continue reading
Request your trial
-
THE WILLIAM LEISHEAR
... ... to determine the rights, if any, of the libelants to share according to their respective priorities in the net proceeds of the sale amounting to $1,011.17. The claims are as follows: ... (1) For salvage under a written contract dated July 22, 1926, $850 ... (2) ... This lien is entitled to second priority, because it ranks supply and repair liens, The Thomas Morgan (D. C.) 123 F. 781; The Dredge No. 1 (D C.) 137 F. 110; Great Lakes Towing Co. v. St. Joseph, Chicago S. S. Co. (C. C. A.) 253 F. 635 (torts and supplies); The Virgo (D. C.) 46 F ... ...
-
The Paul L. Bleakley
... ... Company under the policy to bind the scow. It is further ... urged that the case is governed by The Dredge No. 1 (D.C.) ... 137 F. 110, where it was held that a salvage claim had ... priority over earlier judgments in personam. The question of ... there ... ...