Chisholm v. The J. L. Pendergast

The libelant sues in rem to recover a balance of wages duo him as master of the bark Pendergast, claiming a lien by the British “Merchant Shipping Act” of 1854 (section 193) upon'the theory that the bark "was a British vessel. The disirict court decreed in his favor, and the owners of the bark have appealed.

The libelant, who is a citizen of this country, made a contract, at the city of New York, to act as master of the bark, with J. L. Pendergast, who was also a citizen of this country residing at New York city. Pen-dergast was the real owner of the bark; tbe vessel having been built for him,…