The Sailor Prince
District Court, S.D. New York
This was a contest between different parties having claims upon a fund in court. The amount in the registry of the court arising from a sale of the vessel was $8,869.58. The libellants had a decree for seamen’s wages amounting to $4,978.70, which was against the vessel and her freight.
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This was a contest between different parties having claims upon a fund in court. The amount in the registry of the court arising from a sale of the vessel was $8,869.58. The libellants had a decree for seamen’s wages amounting to $4,978.70, which was against the vessel and her freight. Other parties had claims against the vessel for wharfage, ballast, master’s wages, consignees’ • disbursements, &c., &c., amounting in all to $5,287. The libellants, Murray and others, now applied to the court for an order that the decree in their favor be paid out of the proceeds of the ship. When the libel…
1Opinion of the Court
BLATCHFORD, District Judge.
The principle invoked on the part of Patrick, and under which the court is asked to deny the application of the seamen to be paid out of the proceeds of the vessel, is, that, where one claimant has two funds to resort to, while another creditor has a security on one of such funds only, the court will compel the former to resort to the other fund, if such a step is’necessary for the satisfaction of both claims; and that, whenever the election of a party having two funds will disappoint the claimant having the single fund, the court will control that election, and…
2Cited by4 opinions
- Detroit Trust Co. v. the Thomas BarlumSupreme Court of the United States · 1934
- The HudsonDistrict Court, S.D. New York · 1883
- Harbinger v. CarverDistrict Court, S.D. New York · 1888
- The Grand RepublicDistrict Court, S.D. New York · 1882