The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 20
The following text was automatically extracted from the image on this page using optical character recognition software:
250 FEDERAL REPORTER
Before WALKER and BATTS, Circuit Judges, and GRUBB, Dis-
GRUBB, District Judge.  Upon the hearing of this appeal,
counsel for the appellee directed the court's attention to the fact
that the National Surety Company, surety on the stipulation for the
release of the Seguranca, which was seized under the libel, and
which was a party respondent in the final decree rendered in the
District Court jointly against the claimant and itself, was not made
a party to the appeal, that there had not been a summons and sev-
erance as to it, and that it had not been notified of the appeal. On
the authority of The Bylands, 231 Fed. 101, 145 C. C. A. 289, and
of Estes v. Trabue, 128 U. S. 225, 9 Sup. Ct. 58, 32 L. Ed.
437, it is suggested that it is our duty to dismiss the appeal, of our
own motion, for want of jurisdiction of the necessary parties to the
appeal. The appellant resists this motion, and has applied for leave
to amend his petition for an appeal and the citation, by making the Na-
tional Surety Company a party to the appeal, and has accompanied his
application with the voluntary appearance of the National Surety
Company, and a waiver of service of citation, and a joinder in the
appeal. In accordance with our ruling in the case of The Mary B.
Curtis, 250 Fed. 9, decided at this term, and for the reasons there
given, we will allow the amendment of the appeal by the making of the
National Surety Company a party to it, and, the amendment being con-
sidered made, as prayed for, the appeal will be allowed to stand for de-
cision upon the merits.
The first contention of the appellant is that the District Court had
no jurisdiction to proceed in rem, because (1) there was no charter
party between the owners of the Seguranca and the libelants, on which
to base the ship's liability; and (2) because the cause of action, if any
existed, was a personal one against the owners, and not the proper
foundation for a proceeding in rem.
 The real cause of action of libelant was for freight money col-
lected by the shipowners from a consignee at destination, which was
the property of the charterers of the ship, and was received for the
use of the charterer and not turned over to them. The original libel
had attached to it as an exhibit what purported to be a copy of the
charter party, on which the libel proceeded. As a matter of fact, how-
ever, the copy attached to the libel was not that of charter party be-
tween libelant and respondents, but of one between respondents and
Allen and Friedrichs, who are not parties to the libel. The facts were
that the ship was originally chartered by the respondents to Allen and
Friedrichs for a certain amount, and was thereafter again chartered
to libelant for an increased amount. The second charter party was
signed, on behalf of the owners, by Allen and Friedrichs, as agents.
Their authority to act for the owners is disputed.
We find it unnecessary to determine whether Allen and Friedrichs
originally had authority to sign the charter party on behalf of the
owners. The record abundantly shows that the owners ratified the
second charter party with appellee, both in correspondence prior to
Here’s what’s next.
This document can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Legislative Document.
The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/35/: accessed December 10, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.