Bogart v. Steamboat John Jay
THIS was an appeal from the circuit court of the United States for the southern district of New York.
It was a libel filed by the appellants of the steamboat John Jay, to enforce payment of a mortgage upon the boat, under the circumstances stated in the opinion of the court.
The district court dismissed the libel, which decree was affirmed by the circuit court, and the libellants appealed to this court.
It was submitted on the record by Mr. Johnson, for the appellants; and submitted by Mr. Cutting, for the appellee, upon a printed brief filed by himself and Mr. Byrne.
It is only necessary to state the following points for the appellee:--
First Point. The district court in admiralty had no jurisdiction of the cause of action set forth in the libel, it not being a maritime contract, or a maritime cause of action, or dependent on maritime risks. Hurry v. The Ship John and Alice, 1 Wash. R. 293; The Steamboat Orleans v. Phoebus, 11 Pet. 175; The Atlas, 2 Hagg. Adm. R. 48, 73; Abbott on Shipping, old paging 153, new 205.
Second Point. A court of admiralty has no power to enforce payment of a mortgage. The Dowthorpe, 2 W. Rob. 73; The Highlander, Ib. 109; Leland v. The Medora, 2 W. & M. 92, 97, 118.
Neither has it jurisdiction to decree possession, as between mortgagee and mortgagor. The Fruit Preserver, 2 Hagg. 181; The Neptune, 3 Ib. 132.
Mr. Justice WAYNE delivered the opinion of the court.