Page:Federal Reporter, 1st Series, Volume 3.djvu/170

 FOKCB V. SHIP PRIDB, OF THE OCEAN. 163 �claim for damages caused by the collision amount to the sum of $17,000. ■ �Immediately upon the entry of the order for the sale of the ship, in the action already referred to, this action was com- menced against the ship by filing a libel, wherein the foUow- ing facts are averred : �The ship Pride of the Ocean, previous to setting sail upon her last voyage for which she had then been chartered, was in need of supplies and repairs to enable her to undertake the voyage aforesaid, whereupon her master, being without money or credit, to obtain the same applied to one C. W. Ber- taine for a loan of money upon the credit of said ship to enable him to procure such supplies and repairs. Bertaine agreed to make such loan, and accordingly, on the first day of August, 1879, advanced to the master of the ship, upon the agreement and for the purpose aforesaid, the sum of ment : �"^£736 stg. New York, August 1, 1879. �"Ten days after arrivai at port of destination of the Brit- ish ship Pride of the Ocean, of which I am master, now lying at New York and loaded with refined petroleum, and ready to Bail for London, I promise to pay to the order of C. W. Ber- taine, Esq., $736 British sterling, in approved banker's demand bills on London, value received, for necessary disbursements of my vessel at this port, for the payment of which I hereby pledge my vessel and freight ; and my consignees at the port of destination are hereby directed to pay the amount of this obligation from the first amount of freight received for account of my said vessel. Any other draft or obligation by me drawn at this port on said freight will be seeondary to this. [Signed] "Thomas Welsh, �"Master of ship Pride of the Ocean." �This instrument was thereafter assigned to the present libellants, W. M. Force & Go., and the following day, being August 2, 1879, the ship sailed for London upon her voyage. On the next following day, being August 3, 1879, while the ����
 * ë736, and received from said master the foUowing instru-