Where a libel was filed
in personam, against the owners
of a steamboat in California, by their general agent or broker, for
the balance of an account for money paid, laid out, and expended in
paying for supplies, repairs, and advertising of the steamboat,
together with commissions on the disbursements, the libel was
properly dismissed for want of jurisdiction.
There was nothing in the case to bring it within the class of
maritime contracts; nor does the local law of California, which
authorizes an attachment of vessels for supplies or repairs, extend
to the balance of accounts between agent and principal, who have
never dealt on the credit, pledge, or security of the vessel.
The case is sufficiently stated in the opinion of the Court.
MR. JUSTICE GRIER delivered the opinion of the Court.
The respondents were sued in admiralty, by process
in
personam. The libel charges that they are owners of the
steamboat
Gold Hunter, that they had appointed the
libellant their general agent or broker, and exhibits a bill,
showing a balance of accounts due libellant for money paid, laid
out, and expended for the use of respondents, in paying for
supplies, repairs, and advertising of the steamboat, and numerous
other charges, together with commissions of the disbursements
&c.
The court below very properly dismissed the libel for want of
jurisdiction. There is nothing in the nature of a maritime contract
in the case. The libel shows nothing but a demand for a balance of
accounts between agent and principal, for which an action of
assumpsit, in a common law court, is the proper remedy. That the
money advanced and paid for respondents was, in whole or in part,
to pay bills due by a steamboat for repairs or supplies, will not
make the transaction maritime, or give the libellant a remedy in
admiralty. Nor does the local law of California, which authorizes
an attachment of vessels for supplies or repairs, extend to the
balance of accounts between agent and principal, who have never
dealt on the credit, pledge, or security of the vessel.
The case is too plain for argument.
The judgment of the court of admiralty, dismissing the libel for
want of jurisdiction, is
Affirmed with costs.
Page 58 U. S. 478
Order
This cause came on to be heard on the transcript of the record
from the District Court of the United States for the Northern
District of California, and was argued by counsel. On consideration
whereof it is now here ordered, adjudged, and decreed by this
Court, that the decree of the said district court in this cause be,
and the same is hereby affirmed, with costs.
