Legal Opinion

McCabe v. McRea

Supreme Judicial Court of Maine

Decided July 1, 1870PublishedCited by 1 opinion

On report. Action to enforce a lien for a balance due for labor, performed while in the employ of the defendant, on the ship Empire. The vessel was launched Dec. 4, 1869, at eleven, a. m. The writ was dated December 9th, and the attachment was made on the same day. Nathaniel L. Thompson appeared as owner, and defended so far as it related to the validity of the lien claimed by the plaintiff.

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On report. Action to enforce a lien for a balance due for labor, performed while in the employ of the defendant, on the ship Empire. The vessel was launched Dec. 4, 1869, at eleven, a. m. The writ was dated December 9th, and the attachment was made on the same day. Nathaniel L. Thompson appeared as owner, and defended so far as it related to the validity of the lien claimed by the plaintiff. There was evidence to show that the plaintiff was hired to labor on the vessel, at $1.50 per day, by the defendant, who had contracted to fasten the vessel by the job. There was also evidence tending to…

1Opinion of the CourtAppleton, C. J.

The plaintiff brings this action to enforce his lien for labor done by him, on the ship Empire, while in the employ of the defendant. The defendant has been defaulted. The owner resists the claim for a lien on various grounds, wdfich will be considered in their order.

1. By statute of 1858, c. 15, § 1, a lien is given on vessels for labor thereon, both before and after launching. It is objected that the writ does not distinctly state whether the labor, for which a lien is sought to be enforced, was done before or after the vessel was launched. But the statute does not require that it should.…

2Cases cited2 opinions

  1. Page v. HubbardDistrict Court, D. Massachusetts · 1857
  2. The Sam SlickDistrict Court, D. Massachusetts · 1855

3Cited by1 opinion

  1. A. C. Paradis Co. v. H. W. Maxim Co.Supreme Judicial Court of Maine · 1952

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