Bondies v. Sherwood - 63 U.S. 214 (1859)
U.S. Supreme Court
Bondies v. Sherwood, 63 U.S. 22 How. 214 214 (1859)
Bondies v. Sherwood
63 U.S. (22 How.) 214
Where there was a contract for raising a sunken vessel upon certain stipulations, the party who raised the vessel cannot abandon it, and claim salvage in a court of admiralty.
This Court does not now decide whether, in suits for salvage, the suit may he in personam and in rem jointly. The question is still an open one.
Nor does it decide whether the maritime law of salvage applies to a vessel engaged in the internal trade of a state, proceeding from a port in the same up a river wholly within the same.
The facts of the case are stated in the opinion of the Court.
The district court decreed that the libellants Sherwood, McClelland, and McGinnis should recover the sum of fifty percent salvage upon $5,150, which sum was adjudged to the libellants against said steamboat Kate, and against George Bondies, the owner thereof, the money to be raised by a sale of the steamboat, and, in case of a deficiency, execution was to issue against Bondies, to be levied and collected on the estate, real and personal, credits and effects, of the said Bondies, wherever the same may be found.
From this decree Bondies appealed to this Court.