Page:Federal Reporter, 1st Series, Volume 1.djvu/743

 UATO V, OLABE. 730 �Foster can obtain this contribution ia the present state of the proceedingB, or by an amendaient. �This point does not seem to me to presept any dif&culty. Part of the damages whioh the owners of the G. H. Foster have suffered are those which her owners have been, or will be, obliged to pay for the cargo, and they come in simply under a claim for damage ; as in the well-known insurance case, where, in an action on a polioy, the assured recovered the damages paid for collision "with another vessel. Nelson V. Suffolk Ins. Co. 8 Cush. 477. The supreme court of the United States decided that point of insurance law differently from the judgment in Massachusetts, but not on the point of pleading. If, therefore, the libellants in Goombs y. Duncan (No. 1413) had paid for the cargo before bringing their libel, they would properly have included the amount in their claim for damages to be set against those recovered of them in No. 1412. If they do so now it is not too late, because a decree in admiralty is often conformed to facts arising after the libel is filed. �The money should be paid into court for the owners of the cargo within 15 days from the date of this opinion, and thereupon the decree in Coombs v. Duncan should show that one-half this sum is included in the damages, so that no question can arise hereafter upon that subject. The Ubel may be amended if the parties think it desirable. ���Mayo and others v. Clabk and others. Clark and others v. Mayo and others. {Oireuit, Court D. Massachusetts. April 17, 18S0.) TowAGB Service— Salv AGE. �In Admiralty. �John C. Dodge and Frederick Dodge, for libellants. �C T. Russell and C. T. Russell, Jr., for claimants. �LowELL, J. The decision of this case depends upon the single question whether, . under the circumstances in -which the vessel was taken in tow, the libellants were justified in ��� �