Carrington v. the Brig Ann C. Pratt
Supreme Court of the United States
This was an appeal in admiralty from the circuit court of the United States for the' district of Maine. The case is stated in the opinion of the court.
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This was an appeal in admiralty from the circuit court of the United States for the' district of Maine. The case is stated in the opinion of the court. Mr. Rowe made the following points, namely:— 1. Airey was rightfully in possession and command of the-brig at St. Thomas, and had power to hypothecate her. 2. Airey’s conduct, if wrong in this jrespect, cannot affect the libellant’s claim. 3 Sumn.,228. 3. The attempt at deception was not for the purpose of wronging; or injuring any party. 4. It does not appear that Carrington was .particeps criminis. 5. The bond is not void in toto, but valid…
1Opinion of the CourtJustice Nelson
This is an appeal in admiralty from a decree of the circuit court of the United States for. the district of Maine.
The original libel, filed by Carrington in the district court against the brig, was founded upon a bottomry bond executed by Airey, the mate and acting master, at the island of St. Thomas, by which the vessel was hypothéeated to the libellant for the payment of the sum of $4,591.42, advanced by him for her necessary repairs and supplies, she having arrived at that port in a disabled condition, together with ten per cent, maritime interest, the whole sum amounting to' $5,050.56. ■'
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