Bourdon v. The Proceeds of the Gratitude
District Court, S.D. New York
In Admiralty. The steam-tug Gratitude, belonging to this port, was libeled for supplies by the Oonnnunipaw Coal Company, and by the Hoboken Coal Company, on August 26, 1889. She was arrested by the marshal on August 29th, and sold on the 3d of October, 1889. The not proceeds, after defraying the expenses of sale and the marshal’s fees, were paid into the registry of the court, amounting to $3,343.72. In all, 10 libels were tiled against the tug, or her proceeds.
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In Admiralty. The steam-tug Gratitude, belonging to this port, was libeled for supplies by the Oonnnunipaw Coal Company, and by the Hoboken Coal Company, on August 26, 1889. She was arrested by the marshal on August 29th, and sold on the 3d of October, 1889. The not proceeds, after defraying the expenses of sale and the marshal’s fees, were paid into the registry of the court, amounting to $3,343.72. In all, 10 libels were tiled against the tug, or her proceeds. The claims, as allowed, amount to $4,171.95. Upon the libel of Bourdon there was found due $452.32, including costs. His claim was…
1Opinion of the CourtBroWN, J.
The final reason given for the decision in the case of The R. S. Garter, 38 Pod. Rep. 515, affirmed, 40 Fed. Rep. 331, a tug which made daily trips about this harbor, is that “the rule extends [unduly] the duration of the liens of material-men,” so as to destroy the security of the damage liens. There the supply liens amounted to $1,072. All arose on previous voyages or trips from nearly two to seven months before the trip on which the collision lien accrued, except the small sum of $26; and, if allowed priority, they would have absorbed the whole fund, and they were postponed to a lien for…
2Cited by17 opinions
- Todd Shipyards Corporation v. the City of AthensDistrict Court, D. Maryland · 1949
- The St. PaulDistrict Court, S.D. New York · 1921
- The NisseqogueDistrict Court, E.D. North Carolina · 1922
- The Samuel LittleCourt of Appeals for the Second Circuit · 1915
- The EdithDistrict Court, W.D. Washington · 1914
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