The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-29
Supreme Court.
Before Hon. Judge Hoffman.

ANOTHER DIVORCE CASE. 81 fef
suit for divorce on the ~ronnd Of alleged adultery
The parties were married in Boylston Mass in 1881,
and subsequently resided in New York for eleven years.
Recently they kept boarding house In Chambers street.
The defendant denies the acts of adultery and pleads
conformation, even he were guilty The evidence 80 far
has detailed personal and bodily surings to the plain
tin which are unit for publication.
United States District Court.-In Admiralty.
Before Hon. Judge Ingersoll.
RIGHTS OF MATERIAL MEN As AGAINsT MORTGAGES.
Nov. 2s.-James s. Wilsos The Steamship Jewess-
This tried about six weeks since, when Mr.. D.
Mcmahon, Jr, appeared for the hbelant, and Messrs
Belts Burrell for defendants This morning it was
decided by his Honor Judge Ingerso in favor Of the H.
beant with COSTS The following is the substance Of
his opinion and decision This libel sled in IN rem
to the amount Of bill Of sails furnished the
above vessel 1t is one of large number OF suits now
pending against that vessel represented in court
by the proceeds of her sale he having been sold by the
marslal) which suits contested and defended by
certain parties claiming to be mortgages and to have
priority the bcant and other material claims It
appears that the vessel owned in Baltimore before
June last and therefore, far regards this dis
trct, foreign vessel In May last the Baltimore
ers registered her in Baltimore in their name a. owners
and one Wright master. negotiation then ensued
between them and Wright for the purchase OF the vessel
and upon that negotiation the vessel needing the re-
Jairs in question, New York in charge Of
the master When she arrived here, and while her TO-
reign character continued the captain ordered the sup
plies in question. The hbellant went under the
der and during the months Of june July aud August
last furnished the supplies in question About the mid
die Of June the purchase from the Baltimore owners by
Wright, the master, was contaminated, and purchase
money mortgages taken back by the owners and
Mr.. Towbridge who had advanced moneys also became
a mortgage, which conveyances and mortgages
duly recorded in Collectors Office pursuant to act
Of Congress- Two questions Of great importance arose
in the case. 1st-had the libelant lien the
sell 2d.-Was that lien prior to that Of the mort
gagecs. On the first question his Honor said that
when the libellant commenced furnishing. the sup
plies and therefore lien would exist in favor Of the
supplies furnished by the libellant long that
foreign character continued But after the purchase by
Wright whether he considered resident of this city
not and the vessel from the fact Of such residence,
domestic vessel not made but little difference, mas
much by the local law, lien existed against the
vessel she not having departed from the State within
the meaning Of that act. therefore find in favor Of the
beant on that question and hold lie had lien against
the ship As to the second question: the matter pre-
sents itself under form Of great difficulty to decide,
viz;-Whether the Baltimore owners and Trowbridge
Of lien. On that point, which is undoubtedly Of
great magnitude and vast importance TO the shipping
interest we have two decisions Of two Of our District
Judges adverse TO each other; the SIDE Judge
Hall holds, in well considered opinion, that material
men have priority mortgages; on the other
exceedingly able admiralty Judge, (Betts) holds that
mortgages have priority material men, This
in the case of the Angeque had determined not to de-
eide this until the Of the Angeqpe which had
been appealed before his Honor Justice Nelson in the Cir
cult Court Of the United States for this district had been
heard and determined by him. presuming that it would
that appeal has not been heard it becomes necessary
for me to give my judgment in this case and am hap
q the learned Judges above referred to- Although that
question ia undoubtedly involved in this cause, yet the
may be determined without reference to that rin
cipe understand the opinion Of Judge Belts rightly
in the case Of the Angelique From careful inspection
and consideration Of that learned Judges opinion in that
case, find that although he lays It down general
principle that mortgages have priority material
men, yet there circumstances wherein such priority
will not exist; as for example, where mortgages
held out such. CThe learned Judge here read
various passages from Judge Belts opinion
circumstances In this case to bring The who
claim priority, within the distinction OF his Honor
Judge Belts find that there 1t appears that To
several OF these material men, Mr. Howbrdgc the alleged
mortgage, introduced owner, ani his deport
ment and acts such led them TO believe that he
was an owner OF the vessel wherein they were doing the
repairs The acts Of the Baltimore owners sending ON
their vessel to this port in charge of the registered
ter needing supplies, and when she arrived here, she
lead the malerial men into the idea that they we're
owners, and not mortgages Now II such be the facts
the beant bad no notice that these claimants were
mortgages unless the record In Collectors Of
hce amounted to that notice. Then does that
record amount to notice i think not, be-
cause, from examination OF the act
Of Congress which provides that conyeyances and
mortgages should be recorded fact OF July 20 1S50) IL
appears that the records only notice to persons holding
title or interest In vessels by express conveyances
Instruments in writing and had no reference TO the i'm
Piled hypothecations under the maritime law. there
But If It had appeared that this case could not have
been decided without reference to the determination OF
the question 1.-THE priority Of mortgages should have
retained the cause for decision until after the hearna
Of and decision In the above on appeal hut undcT
the peculiar circumstances of this case find IL can b.
determined without reference to them Decree thsre
fore for libelant, with costs and order OF reference
Chos Strurer rs. The Bark Roderick Dhu-Decree for
claimants. Libel dismissed with costs. 800
Marine Court. artas.y ef
Before Hon. Judge Mccarthy $3.50