Publisher's Synopsis
Excerpt from Encyclopædia of the Laws of England, Vol. 13: Being a New Abridgment by the Most Eminent Legal Authorities
In The Chioggia, [1898] P. 1, where there were two funds in Court in a bottomry action, the proceeds of ship and freight belonging to ship owners, and those of cargo to cargo owners, against both of which the holder of a bottomry bond had obtained judgment, the Court refused to marshal the assets in favour of necessaries' men, who had also got judg ment against the ship and freight, although the bond-holder could not have been prejudiced by resorting to the cargo fund, as this would have made the cargo owners suffer for the necessaries' claim, with which they had nothing to do; and the net proceeds of ship and freight were ordered to be paid to the bond-holders.
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