Page:Federal Reporter, 1st Series, Volume 7.djvu/243

 THE EBINAOH. 281 �1 Wood, 72. The wrong-doer is bound to make satisfac- tion. He bas not made it to the injured party, but the insurance company bas, and the wrong-doer is only interested in having the record in such shape that he will not be called upon to pay the second time. The libel shows not only the payment by the insurance oompanies to the insured, but an assignment by the insured of all their rights against the wrong-doer, so that in no eveijt can the wrong-doer be called upon to respond again for the wrongful act. �As a conclusion, I find that this is not a suit upon contract, but one for damages resulting from a wrongful act ; that the owners of the cargo could have maintained the action, and that the insurance companies, having paid the damages by subrogation and assignment, may maintain the action in their own names. �The exceptions will, therefore, be overruled. �NoTB. Bee, also, Wood on Fire Ins. i 490. ���Thb Erinagh. �{District Court, 8. D. New York. January, 1881.) �Watohmait's Sbkvices — Maritime Lien — Lien Undbr State Law— Master of British Vessel— Lien — Priouity. �The master of the British bark E., having arrived at quarantine with a cargo for this port, contracted, September 24th, with libellant to furnish a watchman. Ali the crew had been sent to the hospital wlth yellow fever, and did not retum. The master alao lef t on the twenty-fourth, and died of the fever November 19th. The ■watch- man remained on board until November 29th, when the marshal sold her under process in another suit, having seized her October 29th, at which time the cargo was discharged. �The surplus remaining in the registry of the court, after satisfying other liens, was insufflcient to satisfy the master's claim for wages and the watchman's for services. �On exceptions to the oommissioner's report as to amounts due each, and their priority of payment, — �Hdd, that the daim for watchman's services after October 29tb was properly disallowed as not witliin the terms of the contract, and because no further necessity for the services was shown. ��� �