Page:Federal Reporter, 1st Series, Volume 3.djvu/169

 162 r£DESAX< BKFOBTES. �articles complained of are made tinder patent No. 221,721, ■which Judge Blatehford bas lately said, in refusing a similar motion, do net, at first sight, appear to infringe the patent of the complainant. White v. Noyes, 2 Fed. Kbp. 782. Preliminaiy injunction refused. ���FoBCB V. The Ship Pbidb op the Ocean, etc. (Diitria Court, M. £>. New York. June 26, 1880.) �1. BOTTOMRT CoNTRACT — MARITIME Intebest. — An agreement for �maritime interest is not a necessary element in a contract of bottomry. �2. Same — When Loan Due.— a loan payable 10 days after tHe arrivai of �a sliip at its ports of destination, becomes due and payable when the voyage has been broken up by the negligence and omissions of the master. �3. Bamb— Collision — Maritime Liens. — A claim for damages caused by �a collision occurring during the voyage, is entitled to preference over a bottomry loan made upon the same voyage, prior to the happening of such collision. �Sidney Chuhh, for libellants. �W. W. Goodrich, E. L. Owen and Hill, Wing e Showdy, for intervenors. �Benediot, D. J. This cause cornes before the court upon exceptions to a libel, filed under the foUowing circumstances : On the tentb day of October, 1879, the ship Pride of the Ocean was proceeded against in tbis court by the owners of the scbooner George W. Andrews, to recover the damages caused to that vesael by a collision witb .the ship Pride of the Ocean, wbicb occurred on the bigb seas on the tbird day of August, 1879. �Tbe said action proceeded to a trial, and resulted in a decree condemning the Pride of the Ocean for the damages aforesaid. Subsequently to sucb interlocutory decree the sbip -was sold by order of the court as perisbable, and the proceeds were brougbt into the register. The net proceeds of sucb sale amount to the sum of about $5.500, -while the ����