ARMOUR & CO. v. GREEN STAR STEAMSHIP CO., LTD. (THE "ANDREE.")

(1930) 37 Ll L Rep 178

UNITED STATES.DISTRICT COURT FOR THESOUTHERN DISTRICT OFNEW YORK.

Before Mr. Justice Woolsey.

General average - Contribution - Fire on board vessel Andree - Sacrifices made by master at expense of vessel and cargo - Caryo owners' lien - Voyage continued - Vessel subsequently sunk by collision with steamship H. F. Alexander - Andree raised, further expenditures being made in excess of value of property salved - Andree towed to port, where voyage abandoned - Recovery of collision damages by master of Andree (on behalf of owners of Andree and cargo) from owners of H. F. Alexander - Claim by cargo-owners (in satisfaction of their lien arising out of fire expenditure) to share also in amounts recovered by owners of Andree - Incorporation in bill of lading contract of York-Antwerp Rules, 1890 - "(XVII): The contribution to a general average shall be made upon the actual values of the property at the termination of the adventure . . ." - Held, that, as the value of the lien depended upon the value of the res at "the termination of the adventure," and as at that time the res was valueless, the lien also was valueless. Claim dismissed.