Difference between revisions of "Barrett v. Floyd"

From Wythepedia: The George Wythe Encyclopedia
Jump to: navigation, search
(Created page with "{{DISPLAYTITLE:''Barrett v. Floyd''}} File:CallsReports1854V3BarrettvFloyd.pdf ‎|link=Media:CallsReports1854V3BarrettvFloyd.pdf ‎|thumb|right|300px|First page of the opi...")
 
Line 6: Line 6:
  
 
==Background==
 
==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.  
+
Floyd and company found a damaged ship in the Chesapeake. 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 and his company if they would like to help save the cargo of the ship. Before boarding, Barrett asked what he and his crew would receive as a prize; Floyd responded with 11/17th of any cargo saved. Barret 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 had previously 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===
 
===The Court's Decision===

Revision as of 17:03, 30 November 2017

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 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 and his company if they would like to help save the cargo of the ship. Before boarding, Barrett asked what he and his crew would receive as a prize; Floyd responded with 11/17th of any cargo saved. Barret 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 had previously 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

References

  1. 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.