Joseph P. Bradley

“ A surrender of the vessel, or payment of her proceeds or value into court, would have been necessary in order to bring other creditors into concourse with the libelants; but for the mere defense of that cause it was not necessary. This disposes of the supposed difficulty in making an abandonment to the libelants after a surrender of abandonment to the insurers,-a difficulty which we have already shown to be groundless in the opinion referred to. ”

“ Because the insurance received by the owners was not included in the value of their interest in the ship, liable to be surrendered in order to obtain a limitation of liability, and was not taken into account in fixing the measure of such liability. Thirdly. Because the court allowed the respondent to amend his answer by the words 'and he hereby surrenders the same to the libelants;' and permitted him to give in evidence his written surrender of his interest in the steamer to the libelants ”

“ The court below held that the owners of the Great Western were only liable for the proceeds of the wreck, amounting to $1,796.14, and gave a decree for that amount and interest, and for the costs of the libelants in the district court.
The errors assigned for the reversal of this decree are substantially as follows, to-wit: First. That the limitation of the respondent's liability to the value of the ship and freight in the condition in which they were after the stranding and wreck is contrary to the rule contained in section 4283 of the Revised Statutes. Secondly. ”