The New York herald., 1869-02-26
BROOKLYN CITY.
THE eolRrs.
tKlIsn STATES DISTRICT COURT.
The Security Insurance Company Against the
Steamer Aida.

The Security Insurance Company Against the
Steamer Aida.
Before Judge Benedict.
The case OF the Security Insurance Company
against the steam tug Aida to recover damages for
sinking a canal boat, commenced Wednesday after
noon, as already reported IN the HERALD. was con-
tiaued Yesterday afternoon; bat no facts were de-
veioped IN addition TO those already stated. Tho
case Is still on.
DecIsion-Whnt Constitutes . Lien ON a
Vessel.
Fackenham Beatty ct a. ps. The Steamer Emily
b. Souder, 6c.-Eenedict J.-rhis is an action
brought to enforce lien alleged to exist upon the
American steamer Emily D. souder for the amount
Of certain advances made to that vessel by the
libeanss in the port Of Maranham, In Brazil, into
which port she put In distress In June, 1865 The
amount and correctness Of the advances are not
seriously disputed by the claimants. The defence re-
led upon 1t that the advance was not made upon
Of the owners, and that the iibeliants accepted
draft drawn by the master upon his owners as pay
fence on The contrary te wer,t a. uI ine cvence e
is tat the aovance was made the credit OF the
vessel and that the draft was not acceped as pay
mcnt lt aso appears IN evidence that the vessel
was vessel foreign to the port 0f Maranham, and
that she was compelled to put that port In dis
tress ny reason OF an accident TO her screw; that her
master was without means sufficient to pay the
needed repairs and the owners without any credit
there; mat the amount OF the necessary expeudi-
lures Of the vessel to enable her to proceed on her
voyage the sum OF s5,95s 65 in gold toward de-
fraying which the lbellants advanced, upon the
request Of the master and upon his agreement
tnat it should be repaid In gold, the sum
Of siSSl 10, for winch sum the master gave the IL
beIats his draft upon the owners. payable in gold;
but sucn draft was not given III payment OF the ad
yance5 nor received In extn yushnent OF the origi
nal DEBT, ana was never paid. Upon such state Of
facts, according to the maritime law, q lien was,
created upon the vessel In Iayor OF the lbelants,
Which they are entitled 70 enforce by this action.
The remaining question Ia as 10 the amount OF the
lien ana tue KIND OF currency in which it Is payable
As before stated It appears that the parties con-
tracted the debt In gold aud the draft was made
payable IN gold In New York. The case, then, APP
pears to be clearly within the principle OF the de-
cison or The Supreme Court OF tho United States IN
the iate case OF Buin0n Rodes. That case de-
cides that there Is and always has becn notwith
standing the passage Of the Currency Legal Tender
ac.s q lawful gold and silver coined money OF the
United states in use or money and legal tender,
and that an express contract to paw coin can only
be satisfied BY the payment OF coln In the case
before me the advances we're, by the agreement Of
the partles TO be repaid In gold IN the United States.
The law gave to the bcilans Lien upon the vessel
to secure this advance and according to the deci-
sion OF the supreme Court that obligation can only
be satisfied by the payment III gold. In accordance
with these views decree must be entered in favor
OF the ioeants against the steamer in question for
the sun OF S4,333 10 In gold, with interest. The
hDellants are also entitled " recover ther costs.