The Athenian
District Court, E.D. Michigan
In Admiralty. In marshalling claims for payment from the proceeds of sale, salvage is entitled to be paid in preference to prior claims for seaman’s wages. In this case the claims were directed to be paid in the following order: (1) Salvage services; (2) seamen’s wages; (3) claims for towage and materials, those of a later year ranking those of a former; (4) claims under the state law.
Read the full summary
In Admiralty. In marshalling claims for payment from the proceeds of sale, salvage is entitled to be paid in preference to prior claims for seaman’s wages. In this case the claims were directed to be paid in the following order: (1) Salvage services; (2) seamen’s wages; (3) claims for towage and materials, those of a later year ranking those of a former; (4) claims under the state law. Reference having been made to marshal the claims the commissioner classified them in the following order: (1) Seamen’s wages; (2) claims for towage, supplies, repairs, and services in pumping out the schooner,…
1Opinion of the Court
Shown, I). J.
The only question in this case is whether the expenses of getting this vessel off Stony Island reef and towing,,her to Windsor are entitle 1 to be paid in preference to the seamen’s wages and the ordinary claims of material men. This claim is not for salvage in the strict sense of the word,' There was no immediate danger to the schooner; there was no peril incurred by the salving vessel. Tho job was undertaken upon a contract for a sum certain, substantially like any other contract for towage services. Had the vessel been sunk at her dock, or at any other place where there was no…
2Cases cited2 opinions
- Baker v. HemenwayDistrict Court, D. Massachusetts · 1876
- The M. B. StetsonDistrict Court, D. Massachusetts · 1866
3Cited by5 opinions
- B v. Bureau Wijsmuller, Plaintiff-Appellant-Cross-Appellee v. The United States of America, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1983
- The Samuel LittleCourt of Appeals for the Second Circuit · 1915
- Bushman v. Todd Dry DocksDistrict Court, W.D. Washington · 1922
- The Robert S. BesnardDistrict Court, D. South Carolina · 1906
- The Rebecca ShepherdDistrict Court, D. Maine · 1906