Gardner v. Ninety-Nine Gold Coins

Citations

• 111 F. 552
• 1899 U.S. Dist. LEXIS 3

Syllabus

<p>Í. Salvage—Monet Recovered from Body Found at Sea—Salvage Award.</p> <p>A fishing schooner on her voyage from Gloucester to the fishing grounds on August 17, 1898, found floating in the water the body of a man who had been a passenger on the Bourgogne, sunk in collision on July 4th. Upon the body was found a wallet containing coins and bank notes to the value of $1,050. The body was immediately buried by sinking in the usual manner, and the money was brought back and paid into a court of admiralty. The man’s name was not discovered. The salvage involved no danger to vessel or crew. ¡Helé, that in view of the probability that the money would not otherwise have been recovered, and of the meritorious action of the officers and crew in bringing it into court, when they might readily have keiit and divided it among themselves, one-half the amount would be awarded for the salvage services, to be divided between the owners, master, and crew.1</p> <p>2. Public Administrator—Right to Property of Unknown Decedent— Fund in Court of Admiralty.</p> <p>A number of gold coins and bank notes were taken by the crew of a fishing schooner from the body of a man found floating in the sea, and who had been a passenger on a steamship sunk in collision some weeks before. The money was paid into the registry of an admiralty court, and an award for salvage services was made, and paid therefrom to ■ the owners and crew of the schooner. The body was buried at sea, and after the lapse of more than two years remained unidentified, except for a name in a receipt found thereon, and no relatives or heirs were ¡ known. JEtelck, that the public administrator of the county in which the ' admiralty court was located, who had been granted letters of administration- on the estate of the decedent by the probate court, pursuant to the statutes of the state, was entitled to possession of the remainder of the fund in preference to the salvors, claiming as the finders of lost goods, whose owner was unknow