Bondies v. Sherwood

THIS was an appeal from the District Court of the United States for the eastern district of Texas, sitting in admiralty.

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 per cent. 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.

It was submitted upon a printed brief by Mr. Hale and Mr. Sherwood for the appellants, no counsel appearing for the appellees.

The counsel for the appellants, as the principal point in the case, contended that the libellants could not set up that the contract had been mutually abandoned, and their claim to be aggrieved by the refusal of Bondies to comply with its terms. They must rest upon their allegation of a rescission of the contract, of which there is no proof whatever.

Mr. Justice GRIER delivered the opinion of the court.