Page:Federal Reporter, 1st Series, Volume 2.djvu/394

 BROOKS V. STEAMER ADIRONDACK. 387 �Bbooks V. The Steamer Adieondaok, etc. {Distriet Court, 8. J). New York. May 4, 1880.) �SAiiVAGB — BxcBssivi! Aliowancb.— Double or excessive salvage is not allowable, except whera the circumstances are such as to warrant it. �8amb — Aghbembnt to pat Excessivh Amount — Not bnforcbablb. — Wliere a steamer, with no paasengers and a cargo not perishable, was temporarily disabled, but in no present peril, and a passing vessel refused to render any assistance towards towing her into port except upon an agreement for a sum, under the circumstances, unjust and unreasonable in amount, which was flnally assented to, hdd, that such agreement would not be enforced, and the aiding vessel would be allowed only an amount proper, considering the circumstances and the riaks attendant thereto. �J. E. Parsons, for libellant. �T. E. Stillvian, for claimants. �Choate, D. j. This is a libel brought by the master of the steamer Plainmeller to recover against the steamer Adiron- dack the sum of £4,000 sterling, upon an express agreement in writing made by the master of the latter steamer to pay that sum' for a salvage service. The defence is that the amount agreed upon is exorbitant and unreasonable ; that the contraet was entered into iïnprovidently, and under circum- stances of distress whieh render it invalid as a contraet. And the claimants, admitting that the service rendered was a salvage service, offer to pay $7,500, of which they have made a tender, and which they insist is a full and just salvage com- pensation. �The Plainmeller was a steamer of 1,196 tons register. She was bound from HuU, England, to Philadelphia, in ballast, under a charter to load there with grain for Europe. The Adirondack was a steamer of 1,302 tons register. She was bound from New York to Liverpool. Her cargo consisted of eotton, grain and sait beef. The value of the vessel and cargo was $300,000. The present value of the Plainmeller is not proved, but she eost in 1877, when she was built, £31,000, and that may be taken as her value approximately for the purposes of this case. �The Adirondack had compound nautical engines of 223 ����