Ship Potomac

Appeal from the Circuit Court of the United States for the Southern District of New York.

On the 23d of November, 1855, the libel in this cause was filed in the District Court of the United States for the Southern District of New York, by Baker, a ship-wright and carpenter, in rem. against the ship Potomac, to recover a bill of repairs. The Potomac was a ship of more than five hundred tons, and was engaged in the general freighting business. She had just returned from a foreign voyage and was about to sail for Australia. The libel stated that the repairs were necessary and that without them she could not proceed to sea and earn freight and passage-money; that they were furnished on the credit of the vessel, and master and owners (the master was an owner); that the libellant had a lien upon her for them, and that the case was within the jurisdiction of the Admiralty.

The answer admitted the repairing the vessel, but not to the amount claimed, and did not deny the jurisdiction, the necessity for the repairs or the lien.

The District Court made a decree that the libellant recover the amount of his repairs, and referred it to a Commissioner to ascertain the amount. The Commissioner reported $3,996.18, including the interest. The claimant excepted to the report.

The Court overruled the exceptions, and made a final decree that the libellant recover the amount reported by the Commissioner.

The claimant appealed to the Circuit Court from the whole of the final decree.

The libellants moved the Circuit Court to dismiss the appeal on the ground that it had not been perfected. The motion was denied, on condition that the claimants deposit the amount of the decree in Court, which was done, and by order of the Court it was paid over to the libellants, on their giving a bond to obey the order of Court in the cause.

Much conflicting evidence was given upon the trial, the libellant proving his demand for work and materials from the books and accounts kept by his clerks in the ordinary course of business, while the claimant brought persons, said to be skilled in the business of building and repairing ships, to show that the amount expended upon the vessel, fell far short of that claimed by the libellant. The Circuit Court affirmed the decree of the District Court and the claimant took this appeal.

Mr. Gillet, of Washington City, for Appellant.

Mr. Benedict, of New York, contra.

Mr. Justice GRIER.