The Panama
District Court, S.D. New York
The controversy in this action is upon a bottomry bond, and came before the court in two aspects. The owner of the ship and a mortgagee intervened, and filed answers to the libel, and each claimed, as against the other, a right to the remnants and surplus remaining in the registry after satisfaction of the bottomry bond in suit. Separate petitions were also filed by them for such remnants. The owner also contested the validity of the bottomry.
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The controversy in this action is upon a bottomry bond, and came before the court in two aspects. The owner of the ship and a mortgagee intervened, and filed answers to the libel, and each claimed, as against the other, a right to the remnants and surplus remaining in the registry after satisfaction of the bottomry bond in suit. Separate petitions were also filed by them for such remnants. The owner also contested the validity of the bottomry. The mortgagee admitted it, and consented to a decree to enforce it. The main contestation was in relation to the remnants in court. The owner contended…
1Opinion of the Court
BETTS, District Judge.
This was a suit upon a bottomry bond to the libellant, executed at Hull, England, May 3, 1845, by the claimant Cameron, master of the ship. The libel avers that it was executed by him in his capacity of owner as well as master of the ship, and that the loan secured by the bot-tomry was duly made and paid to him. The answer admits the claimant was conditional owner at the time, but alleges he gave the bottomry as master only. It denies that the sum named in the bond had been advanced by the libellant when the bottomry was given, or that it is now payable, and alleges that…
2Cases cited5 opinions
- Jackson ex dem. M'Crackin v. WrightNew York Supreme Court · 1817
- De Forest v. StrongSupreme Court of Connecticut · 1831
- Trotter & Douglas v. CurtisNew York Supreme Court · 1821
- Watson v. DuykinckNew York Supreme Court · 1808
- Detouches v. PeckNew York Supreme Court · 1812