Salmon v. The Lykus
District Court, S.D. New York
In Admiralty. Action on master’s obligation, given in settlement of freight. The above libelant brings suit to recover as indorsee of a bill for £1,140.13.2, ($5,543.56,) drawn by the master of the steamer Lykus, at Catania, Sicily, in the following words; “£1140.13.2 CATANIA, 15th January, 1888. “On arrival at port of destination of the steamer called ‘The Lykus,’ of which I am the master, pow lying at Catania, loaded with sulphur and fruit, and ready to sail for New York,…
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In Admiralty. Action on master’s obligation, given in settlement of freight. The above libelant brings suit to recover as indorsee of a bill for £1,140.13.2, ($5,543.56,) drawn by the master of the steamer Lykus, at Catania, Sicily, in the following words; “£1140.13.2 CATANIA, 15th January, 1888. “On arrival at port of destination of the steamer called ‘The Lykus,’ of which I am the master, pow lying at Catania, loaded with sulphur and fruit, and ready to sail for New York, I promise and bind myself to pay to the order of Pietro Tassi, Esq., one thousand one hundred and forty pounds and…
1Opinion of the CourtBeowN, J.
This suit being in rem, the libel cannot bo sustained, unless a lien upon the ship is established. The case differs in some important respects from that of The Woodland, 104 U. S. 180, 7 Ben. 110, and 14 Blatchf. 499. In that case the drafts were drawn, “payable ten days after sight,” and contained the words, “recoverable against the vessel, freight, and cargo.” There was no express pledge of the vessel. The drafts were not bottomry drafts, but were designedly given in lieu of bottomry. 7 Ben. 113,115. In the present case the bill expressly pledges the vessel for payment, and is made payable…
2Cases cited7 opinions
- Pollard v. VintonSupreme Court of the United States · 1882
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- Nunez v. DautelSupreme Court of the United States · 1874
- Coolidge v. RugglesMassachusetts Supreme Judicial Court · 1819
- The 'Woodland.'Supreme Court of the United States · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Neall v. Union Marine Ins. Co.District Court, S.D. New York · 1899