The Triumph
District Court, N.D. New York
The vessel having been sold under a decree and the proceeds paid into court, a question arose as to the proper distribution of the proceeds, they being insufficient to satisfy all the demands preferred against them. Various libels had been filed against the vessel, and thirteen attachments had been issued and served upon her or her proceeds, and petitions were also brought in by other parties setting up claims to the fund in court.
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The vessel having been sold under a decree and the proceeds paid into court, a question arose as to the proper distribution of the proceeds, they being insufficient to satisfy all the demands preferred against them. Various libels had been filed against the vessel, and thirteen attachments had been issued and served upon her or her proceeds, and petitions were also brought in by other parties setting up claims to the fund in court. Suits were brought by different seamen on the same voyage, by seamen on different voyages, by the assignees of wages of seamen, and by material men for labor,…
1Opinion of the Court
After passing upon the rights of the respective suitors to a remedy in the court, and in the form of procedure adopted by them,
BETTS, District Judge,
proceeded as follows:
“The remaining inquiry relates to the order in which the different demands are to be satisfied when of like rank. Are they to be paid pro rata, or does the prosecuting creditor who first obtains service of process upon the property, acquire a right to the first satisfaction 7 And, if any of the demands stand in a common rank, are the costs attending their prosecution entitled to preference in payment? An action in rem stands…
2Cases cited1 opinion
- People v. Judges of New-YorkNew York Supreme Court · 1828
3Cited by8 opinions
- The J. W. TuckerDistrict Court, S.D. New York · 1884
- The Samuel LittleCourt of Appeals for the Second Circuit · 1915
- Neall v. Western Assur. Co.District Court, E.D. Pennsylvania · 1895
- The Frank G. FowlerDistrict Court, S.D. New York · 1881
- Executor's of M'Callop v. BlountSupreme Court of North Carolina · 1800
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