The South Coast
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE NINTH CIRCUIT. The case is stated in the opinion.' They relied largely on the following authorities, decided before and since the Act. of June 23,1910, as sustaining the proposition that a charter-party which requires the charterer to furnish supplies to the ship withdraws from the master the power to order supplies for which the materialman, with knowledge of the terms of the charter-party, may assert a lien.
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CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE NINTH CIRCUIT. The case is stated in the opinion.' They relied largely on the following authorities, decided before and since the Act. of June 23,1910, as sustaining the proposition that a charter-party which requires the charterer to furnish supplies to the ship withdraws from the master the power to order supplies for which the materialman, with knowledge of the terms of the charter-party, may assert a lien. The'XJnderwrit&r, 119 Fed. Rep. 713; The Francis J. O’Hara, Jr., 229 Fed. Rep. 312; The Columhus (1879), 5 Sawy. 487; The William Cook…
1Opinion of the CourtJustice Holmes
This is a libel against the Steamer South Coast, belonging to the claimant, a California corporation, and registered in San Francisco, for necessary supplies furnished in San Pedro, California. The answer denies the authority of the master to bind the steamer. The bare vessel at the time was under charter to one Levick, the contract stipulating that Levick was to pay all charges and to save the owner harmless from all liens or expenses that it might be put to in consequence of such liens. There was also a provision that the owner might retake the vessel in case of failure of Levick to…
2Cases cited1 opinion
- The South CoastCourt of Appeals for the Ninth Circuit · 1917
3Cited by55 opinions
- United States v. CarverSupreme Court of the United States · 1923
- Dampskibsselskabet Dannebrog v. Signal Oil & Gas Co. of Cal.Supreme Court of the United States · 1940
- Point Landing, Inc., Intervenor v. Alabama Dry Dock & Shipbuilding CompanyCourt of Appeals for the Fifth Circuit · 1958
- The EverosaCourt of Appeals for the First Circuit · 1937
- Hercules Co., Inc. v. The Brigadier General Absolom BairdCourt of Appeals for the Third Circuit · 1954
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