Ward v. The Raleigh
U.S. Circuit Court for the District of Southern New York
In Admiralty. On appeal from district court, 32 Fed. Rep.. 633. Libels by Madgett, Ward and Wilder against the steam-ship Raleigh for advances and supplies. Decree dismissing libels, and Ward appeals.
1Opinion of the CourtWallace, J.
The testimony in this case has been read with the assistance of an extremely able and thorough argument of counsel. It has been considered in view of the rule that the burden of proof is upon the purchaser of a vessel, who asserts that pre-existing liens have been divested by his purchase on a sale by the master, to show a valid title, and consequently to prove that the master was justified in .making the sale by adequate necessity, and acted in entire good faith for the interest of all concerned. Abb. Shipp. 16; The Glasgow, 1 Swab. 145; The Australia, Id. 480; The Tilton, 5 Mason, 465;…
2Cases cited4 opinions
- Stephenson v. Piscataqua Fire & Marine InsuranceSupreme Judicial Court of Maine · 1866
- The AmelieSupreme Court of the United States · 1868
- The New England Insurance Company v. the Sarah AnnSupreme Court of the United States · 1839
- The TiltonU.S. Circuit Court for the District of Massachusetts · 1830
3Cited by4 opinions
- In Re Beck Industries, Inc.Court of Appeals for the Second Circuit · 1979
- Ross v. KirschenbaumCourt of Appeals for the Second Circuit · 1979
- Hard v. The AdvanceDistrict Court, S.D. New York · 1894
- The YarkandDistrict Court, S.D. Alabama · 1902