Darrell v. The Alice Gray

U.S. District Court

Decided April 19, 1865

U.S. District Court · decided 1865-04-19

Case No. 3,579. Admiralty Pleading — Amendment of Lidel— Rights of Sureties. [The obligations of the sureties of a vessel are not increased by amending the libel against her by increasing the amount claimed.] [NOTE. Defendant took the case, on writ of error, to the supreme court, which affirmed the judgment on the ground that a person in custody under process of a federal court could not legally be discharged by a state officer acting under a state insolvent law. 1 How. (42 U. S.) 301.]

Decided 1865-04-19

BETTS, District Judge.

¶1This case came up for a motion to amend the libel by statements increasing the amounts claimed in the action, which was brought to recover damages for alleged breach of a charter party. The claimant objected to the amendments, urging that their effect might be to expose the sureties for the vessel to a greater responsibility than they originally assumed.

¶2HELD BY TjHE COURT: That such increase is only conjectural as yet. The general rule is that the precise limitations of the obligations of suretyship are not disturbed by collateral arrangements, voluntary or involuntary, between the principals without the assent of the sureties. Motion granted.

[NOTE. Defendant took the case, on writ of error, to the supreme court, which affirmed the judgment on the ground that a person in custody under process of a federal court could not legally be discharged by a state officer acting under a state insolvent law. 1 How. (42 U. S.) 301.]