Barrett v. Floyd
File:CallsReports1854V3BarrettvFloyd.pdf
Barrett v. Floyd, Call Vol. III 460 (1790),[1] was a dispute to determine the salvage award of a rescued ship.
Background
Floyd and company found a damaged ship in the Chesapeake. The ship had sprung a leak and its crew had totally abandoned the ship and its cargo. Floyd came aboard the ship attempting to save its cargo when another boating company arrived. Floyd asked Barrett and his company if they would like to help save the cargo of the ship. Before boarding Barrett asked what they would receive as a prize, Floyd responded with 11/17th of any cargo saved. Barret and others agreed and boarded the ship, saving most of the cargo. After the ship was saved, Floyd filed a petition in court to give Barrett the 11/17th they had agreed to before salvaging the ship. The Court of Admiralty granted the petition and allotted Barrett and company their 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
References
- ↑ Daniel Call, Reports of Cases Argued and Adjudged in the Court of Appeals in Virginia, 3rd ed, ed. Lucian Minor (Richmond: A. Morris, 1852), 460.
