The New York herald., 1869-04-29
BROOKLYN CIT Y.
The COURTS.
~N~N~N~~~~~<>>4-se~>~-~~
UNITED STATES DISTRICT C0unT-.N A3MIaal1f.
The lCircassian Case-Ac;iOn TO RscOsey the
Amount Of BOttOmry Bond.

The Nlrcasssuu CaSc-tCslOn 10 hCcOSGr tue
Amount Of BOttOmry Bond.
Before Judge Benedict
Daniel Seinn,an ana Anotlter Us. The Sfeanshir
observation-disclosures were co-partners under the
firm name of steinman & Co., doing business at
Antwerp, Belgium In the month of August,
1866, the steamship Crcasslan was lying at
the port Of Antwerp bound for the port OF
New York. While lying there as claimed by
the libellants, the master, Thomas Ellis, in,
Cured certain liabilities on account OF repairs
of which the vessel stood in need. on the l7lh OF
August the MASTER TO meet these Liabilities, bor-
rowed OF the libeants f2, 800 and secured the same
by oottOmry bond and hypothecatlon which was
acknowledged before the United States Consul at
Antwerp. by this bond he bound himself ana an the
days after the arrival OF the vessel IN New York to-
gether with f23o making in all G2,6So. The steam
snip arrived on the leth OF september and within
three days thereafter the bond was presented to
Ellis, the master, and payment demanded. II was
refused and has not yet been paid. The action wa
brought TO recover the amount OF these advances
which. IN our currency amounts to sl7,653 ls.
The answer OF the respondents admits tho
II was properly set forth In the libel.
In explanation of the signing OF the pond by the
master Ellis, Ii ALLEGED by the respondents that
the brig Flying Eagle, OF which one William Salem,
OF staten Island, was the sole owner, was despatched
from this port TO Rotterdam in 1866, consigned 10
the firm OF Ruys Keller. with instructions TO the
cOnsignees TO sell the brig and apply the proceeds 10
the payment OF certain drait, Tor the sum ol
El, 500 drawn by Salem on them against the brig
and her freight After the sailing OF the brig the
draft was accented by EuyS Keller, but on her ar
rival az Rotterdam they neglected TO sell the vessel
and appy the proceeds in payment OF the draft; but
they drew instead draft upon salem for the amount
Of the draft which ~alem had drawn upon them,
and this draft salem refused 10 pay. An action
was then brought By Ruys Keller III the courts
OF Antwerp against Salem 10 recover the amount
OF the money they mad advanced on -alem's draft.
At this time salem was the owner OF the steamship
Circasssian. On ;he 22d of June 1886 being IN debt
to respondent IN the sum OF S90OUO he gave mort
gage ON The Circussian to secure tins debt. About the
18Th Of Juiy 1885, salem sold the Crcassian TO the
Continental Mail steamship Company, New YORK
corporation, subject TO the lien OF the mortgage TO
respondent THIS company despatched the Clrcas.
sian to Antwerp on the Stn OF July, 1885, consigned
the ubcilaus IN this action which place the vessel
reached on the 3lst Of August where she was taken
IN charge OF by libellaus. Not long after her arrival
~ Antwerp the respondents a. set forth IN the
answer in collision With RuJs Keller, at
iaChed her IA the property Of Salem IN the
action pending against him In Antwerp. u was
also claimed Nv the respondents that stenman a Co
were informed o the transfer Of the ship from salem
20 ,be steamship company, and vet the lbellants n
COLLISION with Buys Keller procured the execution
Of the instrument OF hypothecauon in favor OF
themselves. ana upon the execution OF the bond
i.hcants pald into The c0ur. In which the action
against salem was brought a large portion thereof.
~ ABIDE the result of the trla 10 was also claimed
that the bond gwen before any proper EFFORT mad
been made 90 procure the money needlul TO release
the snlp from the attachment and that no enOrt
claimed further by the respondent that the money
advanced upon The bond va not necessary TO pas tue
dclts incurred Dy the Clrcasslan for her use and
pedi ana was for the sole and exclusive benefit OF
l,nys Keller and vas IN payment of their claim
against william salem. II was cialmcdt hat none
81 the money Ol the BOND WaS applied towards nt-
ting ont t5c vessel except fi5o, for which sum there
was more than enough money belonging 20 respond
cnt IN the hands OF 0ellants. Noue Of the money
raised on the bond, II was cilimel 10y the respond
ent was necessary 10 enable the Crcassan prose-
cute her voyage Evidence hearing rpOn these
points was introduced on both sides. The matter
was argued, AID the Court TOOK the papers and re-
served decision.