Ward v. Peck

The abandonment of a ship by her owners to the underwriters does not operate to ratify the title of one who claims her under an unauthorized sale by the master.

THIS was an appeal from the circuit court of the United States for the eastern district of Louisiana.

The circumstances of the case are stated in the opinion of the court.

It was submitted on the record by Mr. Benjamin, for the appellant, and argued by Mr. Stanton, for the appellees.

Mr. Stanton contended that the offer to abandon did not constitute a ratification of the sale by the master, and cited Phillips on Ins. § 1576; Abbott on Shipping, 19; 18 Pickering, 83; Phillips on Ins. § 1497; 2 Peck, 249; 5 Pet. 604; 15 Mass. 341; 9 Johns. 21; 1 Caines, 573; 18 Peck, 83.

Mr. Justice GRIER delivered the opinion of the court.