The Liberty

Citations

• 119 F. 539
• 1902 U.S. Dist. LEXIS 283

Syllabus

<p>1. Admiralty—Suit to Enforce Maritime Liens—Disposition of Surplus Funds.</p> <p>Conceding the jurisdiction of a court of admiralty in a suit in rem to enforce liens against a vessel to direct the payment of maritime creditors who have proved their claims, but have been adjudged without lien, from the remnants remaining in the registry of the court after all liens have been satisfied, as against the owner of the vessel, still such jurisdiction should not be exercised where such owner is an insolvent corporation, represented by a receiver appointed by a state court in insolvency proceedings to wind up the affairs of the corporation; but in such case the remnants should be paid over to the receiver, to be distributed between the maritime and other creditors in accordance with the laws of the state. The admiralty court may, however, if the pleadings are sufficient to support judgments in personam against the owner, determine the amount due each of such maritime claimants, and enter judgment therefor.</p>