The Zillah May

• Decision Date: 09 January 1915
• Docket Number: 1646.
• Citation: 221 F. 1016
• Parties: THE ZILLAH MAY. THE MYRTLE ENDRESEN.
• Court: U.S. Court of Appeals — Ninth Circuit

221 F. 1016

THE ZILLAH MAY. THE MYRTLE ENDRESEN.

No. 1646.

United States District Court, W.D. Washington, Southern Division.

January 9, 1915

Claimants except to the libel upon several grounds, including want of jurisdiction of the court over the cause. Libelants aver that they are each the owner of an undivided one-third interest in each of the respondent vessels, and that E. N. Endresen is the managing owner thereof; that the claimant, Etta Davis, is the owner of record of the remaining one-third interest in each vessel; and that the other claimants claim to have some interest in the one-third interest of Etta Davis.

The libel avers: 'That on or about the 8th day of August 1914, the Zillah May, one of the vessels heretofore referred to, went ashore on the coast of California and suffered considerable damage; that she was put to large expenses in her salvage, and your libelants, L. C. Endresen and E. N Endresen, were compelled to advance, and did advance, in such repairs and previously thereto, large sums of money in the care, upkeep, salvage, and restoration of the said Zillah May, all in the sum of about ten thousand eight hundred dollars ($10,800.00), of which said sum the said Etta Davis Thomas Randles, and Hannah Randles, his wife, are and should be bound to pay about the sum of thirty-six hundred dollars ($3,600.00); that from time to time the libelants, L. C Endresen and E. N. Endresen, have been compelled to pay and have paid and advanced for the benefit of the claimants, Etta Davis, Thomas Randles, and Hannah Randles, his wife, the sum of about seven hundred dollars ($700.00) in the care, upkeep, and restoration of the said Myrtle Endresen; that demand has been made upon the said Etta Davis, Thomas Randles, and Hannah Randles, his wife, for said sums, which said sums said Etta Davis, Thomas Randles, and Hannah Randles, his wife, have neglected and refused to pay. That your libelants are informed and believe that the claimants, Etta Davis, Thomas Randles, and Hannah Randles, his wife, are attempting to dispose of their interest in the said vessels without having satisfied and discharged their portion of the indebtedness advanced by the libelants.'

The prayer of the libel is that, of the total amount advanced by libelants, $4,300 be declared a lien upon the ships, and that the interest of claimants and all other persons claiming an interest therein be condemned and sold to pay such awards and costs.

Morgan & Brewer, of Hoquiam, Wash., for libelants.

George S. Shepherd, of Portland, Or., for claimants.

CUSHMAN District Judge (after stating the facts as above).

While there is a conflict in the decisions, the greater weight of authority denies jurisdiction to a court of admiralty in the matter of an accounting between co-owners. The Steamship Orleans, 11 Pet. 175, 9 L.Ed. 677; Grant et al. v. Poillon et al., 20 How. 162, 15 L.Ed. 871; Ward v. Thompson, 22 How. 330, 16 L.Ed. 249; The H. E. Willard (C.C.) 52 F. 387; The H. E. Willard (D.C.) 53 F. 599; The Larch, Fed. Cas. No. 8,085; Roberts v. Gallagher, Fed. Cas. No. 11,904; The Daniel Kaine (D.C.) 35 F. 785; Smith-Green Co. v. Bird, 90 Am.St.Rep. 391, Note 2, 'a' & 'b'; 26 Cyc. 757; 36 Cyc. 36 (F).

'It...