The Muskegon
District Court, S.D. New York
In Admiralty. Libel in rem by master stevedores against the vessel Muskegon. The libelants are master stevedores, and loaded the vessel Muskegon, in April and May, 1919, while in the port of New York. The Muskegon was registered in that port and owned by a New York corporation, and was under charter to the Caravel Steamship Lines, also a New York corporation, under a charier which required the charterers to pay all such charges.
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In Admiralty. Libel in rem by master stevedores against the vessel Muskegon. The libelants are master stevedores, and loaded the vessel Muskegon, in April and May, 1919, while in the port of New York. The Muskegon was registered in that port and owned by a New York corporation, and was under charter to the Caravel Steamship Lines, also a New York corporation, under a charier which required the charterers to pay all such charges. The loading was done under contract with the charterers, and there was no clear evidence that they made any representation as to its ownership, beyond saying that it…
1Opinion of the CourtLearned Hand, District Judge
(after staling the facts as above). [1] 1 shall assume, without deciding, that the libelants had no notice that the Muskegon was on charter. If so, they may recover, but only in case the Maritime Lien Act of 1910 (Comp. St. §§ 7783-7787) applies. The putative lienor is not bound, whenever he gets an order to supply or serve the ship, to institute an inquiry; else he would never be safe, and the act would be idle. The Yankee, 233 Fed. 919, 926, 147 C. C. A. 593; The Oceana, 244 Fed. 80, 83, 156 C. C. A. 508. Whether it is enough to charge the lienor with notice that he knows the ship to be on…
2Cases cited18 opinions
- Piedmont & Georges Creek Coal Co. v. Seaboard Fisheries Co.Supreme Court of the United States · 1920
- The ValenciaSupreme Court of the United States · 1897
- The KateSupreme Court of the United States · 1896
- The YankeeCourt of Appeals for the Third Circuit · 1916
- Rupert CityDistrict Court, W.D. Washington · 1914
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- The Henry W. BreyerDistrict Court, D. Maryland · 1927
- The Henry S. GroveDistrict Court, W.D. Washington · 1922
- In Re Burton S. S. Co.District Court, D. Massachusetts · 1925
- The ArtemisDistrict Court, S.D. New York · 1931
- In re Atlantic, Gulf & Pacific S. S. Co.District Court, D. Maryland · 1923
1 more not listed; retrieve them via the Exa API.