Liverpool Sailing Shipowners' Mut. Indemnity Association, L. R. 19 Q. B. Div. 242; Canada Shipping Co. v. British Shipowners' Mut. Protection Association, L. R. 23 Q. B. Div. 342; The Ferro [1893] P. 38; The Glenochil [1896] P. 10.

In the case, cited by the appellant, of Dobell v. The Steamship Rossmore Co. [1895] 2 Q. B. 408, 414, the ship was unseaworthy at the time of sailing, by reason of the cargo having been so stowed against an open port that the port could not be closed without removing a considerable part of the cargo; and Lord Esher, M. R., upon that ground, distinguished that case from the decision of the circuit court of appeals in the present case. Judgment affirmed.

ning of her voyage. The Carib Prince, 170 | closing the iron covers of the ports, it was U. S. 655 [42: 1181]. a fault or error in the navigation or in the But the contention that the Silvia was un- management of the ship. This view accords seaworthy when she sailed from Matanzas with the result of the English decisions upon is unsupported by the facts. The test of sea- the meaning of these words. Good v. Lonworthiness is whether the vessel is reasona- don Steamship Owners' Mut. Protecting As bly fit to carry the cargo which she has un-sociation, L. R. 6 C. P. 563; The Warkworth, 465]dertaken to transport. *The portholes of the L. R. 9 Prob. Div. 20, 145; Carmichael v. compartment in question were furnished both with the usual glass covers and with the usual iron shutters or deadlights; and there is nothing in the case to justify an inference that there was any defect in the construction of either. When she began her voyage, the weather being fair, the glass covers only were shut, and the iron ones were left open for the purpose of lighting the compartment. Although the hatches were battened down, they could have been taken off in two minutes, and no cargo was stowed against the ports so as to prevent or embarrass access to them in case a change of weather should make it necessary or proper to close the iron shutters. Had the cargo been so stowed as to require much time and labor to shift or remove it in order to get at the ports, the fact that the iron shutters were left open at the beginning of the voyage might have rendered the ship unseaworthy. But as no cargo was so stowed, and the ports were in a place where these shutters would usually be left open for the admission of light, and could be speedily got at and closed if occasion should require, there is no ground for holding that the ship was unseaworthy at the time of sailing. Steel v. State Line Steamship Co. L. R. 3 App. Cas. 72, 82, 90, 91; Hedley v. Pinkney & Sons Steamship Co. [1892] 1 Q. B. 58, 65, and [1894] A. C. 222, 227, 228; Gilroy v. Price [1893] A. C. 56, 64.

The third section of the Harter act provides that "if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped, and supplied, neither the vessel, her owner or owners, agent or charterers, shall become or be held responsible for damage or loss resulting from faults or errors in navigation or in the management of said vessel." 27 Stat. at L. 445.


JAMES A. BRIGGS, Executor of Charles M. Briggs, Deceased, Plff. in Err., AMANDA M. WALKER, and Ohio Valley Banking & Trust Company, Administrator of the Estate of A. L. Shotwell, Deceased.

(See S. C. Reporter's ed. 466-474.) Federal question-act of Congress for the relief of an estate.



A Federal question is presented by the determination of a state court as to whether the right given by act of Congress to the "legal representatives" of a person is for the benefit of his next of kin, to the exclusion of his creditors, or not.

An act of Congress for the relief of the estate of a person, and referring to the court of claims a claim of his "legal representatives," makes the recovery on such claim assets of his estate and subject to his debts and liabilities. [No. 260.]

17, 1ა98.

This provision, in its terms and intent, includes foreign vessels carrying goods to or Submitted April 25, 1898. Decided October from a port of the United States. The Scotland, 105 U. S. 24, 30 [26: 1001-1003]; The Carib Prince, above cited.

IN ERROR to the Court of Appeals of the Not only had the owners of the Silvia ex- State of Kentucky to review a judgment of ercised due diligence to make her seaworthy, that court amrming a judgment of the Cirbut, as has been seen, she was actually sea- cuit Court of Jefferson County in said state worthy when she began her voyage. in a suit brought against James A. Briggs, [466] *This case does not require a comprehen- executor, to which Amanda M. Walker and sive definition of the words "navigation" and others were parties in favor of defendants "management" of a vessel, within the mean- Walker and Shotwell for certain sums of ing of the act of Congress. They might not money, and adjudging that moneys in the include stowage of cargo not affecting the hands of Briggs as executor be applied to fitness of the ship to carry her cargo. But the payment of these sums, and of a further they do include, at the least, the control, dur- sun due from Moorehead to Briggs. On ing the voyage, of everything with which the motion to dismiss the writ of error or to vessel is equipped for the purpose of protect-affirm the judgment. Judgment affirmed. ing her and her cargo against the inroad of See same case below, 19 Ky. L. Rep. 1490, the seas; and if there was any neglect in not 43 S. W. 479.








Vol. 171.

Company of Iowa, in which action E. H. |derstanding or agreement between the syndi. Hubbard as assignee of the Union Loan & cate and the company that the syndicate Trust Company filed an intervening petition should deposit with the company, as collatagainst J. Kennedy Tod & Co., and the de- eral security for said notes, the stock and cree of the Circuit Court authorized the re- bonds of the Sioux City & Northern Railway demption of certain securities by the inter- Company when issued; that the syndicate vener on payment to Tod & Co. of a certain caused the corporation to issue the mortgage sum with interest. Affirmed. described in the original bill; and that the bonds and stock of the corporation were held by the company "as collateral security for the payment of the notes with the proceeds whereof the said railroad has been constructed and equipped as aforesaid."

See same case below, 65 Fed. Rep. 559.

That afterwards the syndicate lent its aid to the Wyoming-Pacific Improvement Company, a Wyoming corporation engaged in the construction of the Nebraska & Western Railroad, a line of road extending westward from Sioux City to the town of O'Neill, in the state of Nebraska, and that said syndicate also extended its aid and assistance to other cor

Statement by Mr. Chief Justice Fuller: The Manhattan Trust Company of New York filed its bill, on September 28, 1893, in the circuit court of the United States for the northern district of Iowa, against the Sioux City & Northern Railroad Company 175] of Iowa, praying for the appointment of a receiver to take possession of the railroad and its properties and to operate and preserve the same, under and by virtue of the terms of a trust deed made and executed by the Sioux City & Northern Railroad Com-porations in and about Sioux City, such as pany to the Manhattan Trust Company, January 1, 1890, to secure an issue of bonds to the amount of $1,920,000.

October 5, 1893, receivers were appointed, and on the same day E. H. Hubbard, as assignee of the Union Loan & Trust Company, a corporation of Iowa, filed in said cause an intervening petition against the members of the banking firm of J. Kennedy Tod & Co. of New York, praying in respect of 10,600 shares of the capital stock of the Sioux City & Northern Railroad Company, and $2,340,000 in first-mortgage bonds of the Sioux City, O'Neill, & Western Railway Company, a corporation of Nebraska, held by J. Kennedy Tod & Co., an injunction against the disposition thereof, an accounting of what sums J. Kennedy Tod & Co. had advanced in good faith on said securities, and the surrender by them of the collateral to the intervening petitioner on the ascertainment of the sums so advanced and constituting a lien thereon.

the Pacific Short Line Bridge Company, the Union Stock Yards Company, the Sioux City Terminal Railroad & Warehouse Company, and the Sioux City Dressed Beef & Canning Company, with a like understanding between the syndicate and the Union Loan & Trust Company that the securities of the respective companies coming into the possession of the syndicate should be deposited with the Union Loan & Trust Company as collateral to the notes which the members of the syndicate might give to that company on behalf of the enterprises respectively.

And also that the syndicate organized the corporation known as the Pacific Short Line Bridge Company to construct a bridge across the Missouri River at Sioux City for the purpose of connecting said railroads, the stock of said company to belong to the Nebraska Company.

It was further averred that the syndicate acquired the ownership of all the bonds of J. Kennedy Tod, W. S. Tod, and Robert the Nebraska & Western Railway Company, S. Tod, composing the firm of Tod & Co. ob- and that they became subject to the lien of jected to the jurisdiction, but answered No- the Union Loan & Trust Company; yet that vember 16, 1893, and about the 1st of Janu-A. S. Garretson, *on or about October 1, 1891, [477] ary, 1894, petitioner filed an amended peti- without any apparent record or other authortion, to which defendants filed a supplement-ity from the Union Loan & Trust Company, al answer, and petitioner, a replication. caused all of the Nebraska & Western bonds The intervening petition and amendments and 7,200 shares of Sioux City & Northern averred that the Union Loan & Trust Com- Railroad stock to be transferred to Tod & Co. pany was a corporation of the state of Iowa, as security for a loan of one million dollars, organized in the year 1885, and thereafter but that Tod & Co. were chargeable with engaged in carrying on a loan and trust busi- notice of Garretson's want of authority. ness up to and until April 25, 1893, when it made a general assignment of all its property and assets to E. H. Hubbard of Sioux City, Iowa.

That on July 3, 1889, A. S. Garretson, John Hornick, J. D. Booge, Ed. Haakinson, and D. T. Hedges entered into an agreement in writing, referred to as a railroad syndicate agreement, for the construction of the Sioux City & Northern Railroad, which construction was proceeded with and from time to time the individual members of the syndi[476]cate executed and delivered their respective notes to the Union Loan & Trust Company in various sums, which notes that company sold to various bankers and brokers throughout the United States; that there existed an un

That the Nebraska & Western Railway was built by the Wyoming & Pacific Improvement Company, which was practically owned and controlled by the Manhattan Trust Company, and that the improvement company received stock and bonds of the Nebraska & Western Company, and delivered them to the Manhattan Trust Company, by which they were pledged, or held in trust, as security for loans negotiated and advanced by it to the improvement company, including a loan of $500,000 by Belmont & Co., all of which were outstanding when, on November 1, 1890, the improvement company collapsed, to the knowledge of Tod & Co.

That to relieve itself from impending loss, the Manhattan Trust Company, by untruth

« ForrigeFortsett »