Legal Opinion

The Enterprise

District Court, D. Massachusetts

Decided July 15, 1870No. Case No. 4,498PublishedCited by 6 opinions

1Opinion of the Court

LOWELL, District Judge.

By the law of the flag the master has a lien for his wages, which this court will enforce by comity: The Havana [Case No. 6,226]. But by the same law the lien of the seamen of a foreign vessel is postponed to that of a libellant in a cause of damage where the owners are solvent as in this case, and the proceeds are insufficient for the payment of both: The Linda Flor, Swab. 309; The Duna, 13 Ir. Jur. 358; Abb. Shipp. (11th Ed.) 621; The Benares, 7 Notes of Cas. Supp. L. The reasons assigned for this rule are that the seamen have other available remedies for their wages,…

2Cited by6 opinions

  1. The John G. StevensSupreme Court of the United States · 1898
  2. Hathaway v. The Brantford CityDistrict Court, S.D. New York · 1886
  3. Covert v. The British Brig WexfordDistrict Court, S.D. New York · 1880
  4. The Maria & ElizabethDistrict Court, D. New Jersey · 1882
  5. The EvolutionDistrict Court, D. Massachusetts · 1912

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