The Count De Lesseps
United States Circuit Court
Hearing on libel, answer, and testimony. Libel by the I. P. Morris Company against the Count De Lesseps, for labor and materials, consisting of a derrick, buckets, and other dredging machinery, furnished at Philadelphia after the vessel had been towed from New Jersey, where she had been built, to fit out the vessel for an intended voyage to Panama.
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Hearing on libel, answer, and testimony. Libel by the I. P. Morris Company against the Count De Lesseps, for labor and materials, consisting of a derrick, buckets, and other dredging machinery, furnished at Philadelphia after the vessel had been towed from New Jersey, where she had been built, to fit out the vessel for an intended voyage to Panama. The respondents claimed that the libelants were subcontractors, having furnished the work and material to Doughty & Kappella, who were the builders employed by the owners; that the same were furnished in the original construction of the Count De…
1Opinion of the CourtButleh, J.
No discussion of either the law or facts is necessary. It is conceded by libelants’ counsel that if the materials furnished and work done were furnished and done in the construction of the vessel, (if the structure be a vessel,) the claim is not founded upon a maritime contract, and the libel must be dismissed. There is no question about the facts. All the materials and work were contemplated as necessary to complete the structure from the beginning, and the principal part of it was embraced in the original contract for construction, entered into by Doughty & Kappella. The libelants were…
2Cases cited5 opinions
- Edwards v. ElliottSupreme Court of the United States · 1874
- People's Ferry Company of Boston v. BeersSupreme Court of the United States · 1858
- Morewood v. EnequistSupreme Court of the United States · 1860
- Roach v. ChapmanSupreme Court of the United States · 1860
- The NorwayDistrict Court, S.D. New York · 1869
3Cited by7 opinions
- The Dredge A.District Court, E.D. North Carolina · 1914
- McMaster v. One DredgeDistrict Court, D. Oregon · 1899
- The Boat LA Sambra v. LewisCourt of Appeals for the Ninth Circuit · 1963
- Benbow v. The James JohnOregon Supreme Court · 1912
- Hyundai Heavy Industries Co., Ltd. v. M/V SAIBOSDistrict Court, N.D. Alabama · 2001
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