Good Intent Tow-Boat Co. v. Atlantic Mutual Insurance

Citations

• 109 U.S. 110
• 3 S. Ct. 78
• 27 L. Ed. 874
• 1883 U.S. LEXIS 940

Syllabus

<p>Appeal — Contract—Insurance—Salvage.</p> <p>The owners of three steam-tugs which had pumping machinery were employed by the master and agent of a ship sunk at a wharf in New Orleans, with a eargo on board, to pump out the ship for a compensation of $50 per hour for each boat, “ to be continued until the boats were discharged.” When the boats were about to begin pumping, the United States marshal seized the ship and eargo on a warrant on a libel for salvage. After the seizure the marshal took possession of the ship and displaced the authority of the master, but permitted the tugs to pump out the ship. After they had pumped for about eighteen hours, the ship was raised and placed in a position of safety. The tugs remained by the ship, ready to assist her in case of need, for twelve days, but their attendance was unnecessary, and not required by any peril of ship or cargo. .In libels of intervention, in the suit for salvage, the owner's of the tugs claimed each $50 per hour fordhe whole time, including the twelve days, as salvage. The claims were resisted by insurers of the cargo, to whom it was' abandoned. The District Court allowed $500 to each tug, and $500 to the crew of each tug. On appeal by the owners of the tugs, the Circuit Court decreed to each of them $1,000. On further appeal by them, this court affirmed that decree.</p> <p>Held, That to enforce the contract as one continuing during the time claimed would be highly inequitable ; and, as against the insurers of the cargo, the ' right of the tugs to compensation must be regarded as having terminated when the ship and cargo were raised, and the tugs must be regarded as having been then discharged. • ,</p> <p>The decree of the Circuit Court was entered May 24th, 1880. June 20th a cross appeal to this court, returnable at its October term following, was allowed. The bond thereon was filed in the Circuit Court July 5th. But the appellants in it did not docket it, or enter their appearance on it, in this court,