Legal Opinion

The Patapsco

Supreme Court of the United States

Decided May 18, 1872PublishedCited by 38 opinions

Appeal from the Circuit Court for the Southern District of New York; the case being thus: Boyce, a coal dealer in Baltimore, filed a libel against the steamer Patapsco, in the District Court at New7 York, to recover a demand for six separate supplies of coal furnished between the 3d of February and the 26th of March, 1866, to the steamer. One Borland intervened as claimant.

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Appeal from the Circuit Court for the Southern District of New York; the case being thus: Boyce, a coal dealer in Baltimore, filed a libel against the steamer Patapsco, in the District Court at New7 York, to recover a demand for six separate supplies of coal furnished between the 3d of February and the 26th of March, 1866, to the steamer. One Borland intervened as claimant. The question was whether the coal had been furnished on the credit of the vessel or on that of her owners only. The facts, as the court assumed them from the weight of the evidence, itself somewhat inconsistent, were thus:…

1Opinion of the CourtJustice Davis

Whether the coal was furnished on the credit of the vessel, or of the owners, is the only point of inquiry in this case. The case itself is not without its embarrassments, for the evidence, in some of its aspects, is not consistent with either theory, but the weight of it, in our opinion, enables us to assert the lien against the ship.

It is undisputed that the Patapsco was in a foreign port, and that the coal was ordered for her, specifically by name, and delivered to the oflicers in charge of her. It is equally free from dispute that the supply of coal was necessary— indeed, indispensable—to…

2Cases cited1 opinion

  1. The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824

3Cited by38 opinions

  1. The GlideSupreme Court of the United States · 1897
  2. The ValenciaSupreme Court of the United States · 1897
  3. The IrisCourt of Appeals for the First Circuit · 1900
  4. The YankeeCourt of Appeals for the Third Circuit · 1916
  5. Gray v. Freights of the KateDistrict Court, S.D. New York · 1894

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