Benjamin v. The Watchman

S.D. New York

Benjamin v. The Watchman

3 F. Cas. 191, 21 Law Rep. 40

District Court, S.D. New York·Decided July 1, 1858·Published

Opinion

■ A party who has purchased the vessel while she was a wreck can in no case be regarded as a salvor, in .the sense of the maritime law. Otherwise the court would be called upon to decree to him a share of the property saved as compensation, and then decree the surplus to him as owner. A libel brought .in such case can only be .to obtain, by the intervention of the court, a confirmation of the sale to him and of his title, and there is no authority in law for such a proceeding.

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■ A party who has purchased the vessel while she was a wreck can in no case be regarded as a salvor, in .the sense of the maritime law. Otherwise the court would be called upon to decree to him a share of the property saved as compensation, and then decree the surplus to him as owner. A libel brought .in such case can only be .to obtain, by the intervention of the court, a confirmation of the sale to him and of his title, and there is no authority in law for such a proceeding.

Benjamin v. The Watchman, 3 F. Cas. 191, 21 Law Rep. 40 (S.D.N.Y. 1858).

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