Pyman v. Clarke
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Texas. This was a libel by Charles Clarke and Robert P. Clarke against the steamship Elfrida (Pyman, Bell & Co., claimants) to enforce a contract for salvage compensation. The district court rendered a decree for the libelants in the sum claimed, and the claimants appealed.
1DissentPardee, Circuit Judge
I do not discover that the nature and origin of the admiralty jurisdiction in salvage cases, or the general principles upon which admiralty courts make salvage awards, are involved in this cause. The question is in regard to the enforcement of an admitted salvage contract, and, as declared by the supreme court in Post v. Jones, 19 How. 150, 160, the law in that behalf undoubtedly is:
“Courts of admiralty will enforce contracts made for salvage service and salvage compensation, where the salvor has not taken advantage of liis power to make an unreasonable bargain; but they will not tolerate the…
2Cases cited8 opinions
- Post v. JonesSupreme Court of the United States · 1857
- The EmulousU.S. Circuit Court for the District of Massachusetts · 1832
- McQuesten v. Propeller Towboat Co.Court of Appeals for the Fifth Circuit · 1892
- Davis Coast Wrecking Co. v. The AlertDistrict Court, S.D. New York · 1893
- Propeller Tow-Boat Co. v. GraceDistrict Court, S.D. Georgia · 1892
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