Legal Opinion

The A. D. Patchin

U.S. Circuit Court for the District of Northern New York

Decided October 15, 1849PublishedCited by 3 opinions

In admiralty. A libel in rem was filed, in the district court, by Charles L. Gager, owner and master of the steamboat Albany, against the steamboat A. D. Patchin, to recover for salvage services rendered to that vessel by the Albany, under the following circumstances.

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In admiralty. A libel in rem was filed, in the district court, by Charles L. Gager, owner and master of the steamboat Albany, against the steamboat A. D. Patchin, to recover for salvage services rendered to that vessel by the Albany, under the following circumstances. The Patchin was aground upon a ledge of rocks at Racine Point, Wisconsin, and a contract in writing was entered into between the libellant in person and one Highy, who professed to act as agent for one Harry Whittaker, the master and sole owner of the Patchin. The contract was as follows: “This article of agreement made this…

1Opinion of the Court

NELSON, Circuit Justice.

I am of opinion, according to the authorities referred to by tlie counsel for the libellant, and by the court below, that the district court had jurisdiction of the case, notwithstanding the special agreement hi respect to the compensation to be received for the service. That contract was not necessarily binding upon the vessel in peril, or upon her owner, and it would have been the duty of the court to have disregarded it altogether, and to have awarded a rate of compensation according to the principles of admiralty in salvage cases, if any advantage had been taken by…

2Cited by3 opinions

  1. Davis Coast Wrecking Co. v. The AlertDistrict Court, S.D. New York · 1893
  2. Chapman v. The Engines of The GreenpointDistrict Court, S.D. New York · 1889
  3. New York & C. Mail S. S. Co. v. The G. W. JonesDistrict Court, S.D. New York · 1892

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