Barrett v. Floyd

First page of the opinion Barrett v. Floyd, in Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, by Daniel Call. 3rd ed. Richmond: A. Morris, 1852.

Barrett v. Floyd, 7 Va. (3 Call) 531 (1790),‎ was a dispute to determine the salvage award for a rescued ship.

Background

Floyd and company found a damaged ship in the Chesapeake Bay. The ship had sprung a leak and its crew completely abandoned the ship and its cargo. Floyd came aboard the ship attempting to save its cargo when another boating company arrived. Floyd asked Barrett, the captain of the company, if he and his crew would help save the ship's cargo. Before boarding, Barrett asked what they would receive as a prize; Floyd responded with 11/17th of any cargo saved. Barrett and his crew agreed and boarded the ship, saving most of the cargo. After the ship was saved, Floyd filed a petition in Admiralty Court to give Barrett the 11/17th they agreed to. The Court of Admiralty granted the petition and allotted Barrett his portion. However, Barrett became dissatisfied and sued for more in an assumpsit case against Floyd. The land lover court ruled in favor of Barrett where he requested an injunction to collect on his bond.

The Court's Decision

Chancellor Wythe granted a perpetual injunction, disposing the suit. The Court of Appeals unanimously affirmed the decree.

See also

• Wythe's Judicial Career