Page:Federal Reporter, 1st Series, Volume 7.djvu/689

 THE BBIG WEXFOSD. 677 �M. Wright & Co., of Kio Janeiro, for supplies and repairs fur- nished to the vessel in that port, $380.03; James T. Abbott, for advances in port of St. Thomas in Maroh, 1879, $193.03. The Hbels in all these cases were filed subsequently to that of Crocker Brothers & Co. �The master's claim for wages was proved at $504.04, including extra wages for 10 days' double pay on account of delay in payment. Grossman's claim in his suit in personam, for advances on the coast of Africa, -was proved at $77.12. The mortgagee proved a balance of $1,500 due to him. The commissioner inadvertently reported this at $5,000. The mistake is conceded. The commissioner held that the freight should be applied firat to the payment Of the claim of Cross- man, and that the balance should be paid to the mortgagee, on the ground that the mortgagee had taken possession of the vessel before delivery of the cargo. He also held that the proceeds of the vessel, after paying the wages of the seamen, should be applied as follows : �(1) To pay the claim of Germond, pilot. �(2) To pay the claims of Andersen, Wright & Co., Abbott, Warren, and Eeilly, material men, in the order in which their libels were filed. �(3) To pay the master's wages, including extra wages on account of delay in payment. �(4) To pay the claim of Crocker & Co., material men, this claim being postponed to the claims of the other material men on account of their laches in filing their libel, and to that of the master on account of his superior equitable claim upon the fund. �The claims of the seamen were proved at $360.62. �The master excepta to the report on the ground that hia wages should be paid out of the freight either next after pay- ment of Grossman's claim or next after payment of CrOssman and the seamen. Crocker Brothers & Co. except on the ground that their claim should be paid out of the proceeds of the vessel before the claims of the other material men, whose libels were filed after that of Crocker Brothers & Co. ; also ��� �