Hook v. The Venture
District Court, W.D. Pennsylvania
In Admiralty. Su.r exceptions to commissioner’s report distributing the proceeds of sale. On August 19,1885, a libel was filed against the steamer Venture’s owners. A decree was obtained against the boat, and it was condemned, and sold by the United States marshal, and the proceeds of sale paid into court.
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In Admiralty. Su.r exceptions to commissioner’s report distributing the proceeds of sale. On August 19,1885, a libel was filed against the steamer Venture’s owners. A decree was obtained against the boat, and it was condemned, and sold by the United States marshal, and the proceeds of sale paid into court. S. C. McCandless, Esq., was appointed commissioner to distribute the fund among the various creditors, and a portion of his report follows : “A large number of creditors have been permitted to intervene for their respective interests, the character of whose claims may be classified as liens…
1Opinion of the CourtAcheson, J.
I have carefully examined the report of the commissioner, and am entirely satisfied with his conclusions.
1. The commissioner was clearly right in giving to the liens under the Pennsylvania statute a preference over the mortgage of John G. Brittain. The case of Srodes v. The Collier, 2 Pittsb. Rep. 304, is decisive of the question. It is altogether a misapprehension to suppose that the authority of that case has been at all shaken by the decision in The Lottawanna, 21 Wall. 558. See the case of The Wm. T. Graves, 8 Ben. 568.
2. While it is true that “coal” or “fuel” is not expressly mentioned…
2Cases cited2 opinions
- The LottawannaSupreme Court of the United States · 1875
- The William T. GravesDistrict Court, N.D. New York · 1876
3Cited by3 opinions
- The ConvoyDistrict Court, E.D. New York · 1919
- The Paul L. BleakleyDistrict Court, S.D. New York · 1906
- The Sylvan StreamDistrict Court, N.D. New York · 1888